[quote=svelte]A few points are being missed here, I think…….
[/quote]
You were correct on this svelte. But not anymore. Prior to 2003, recoverable damages in CD litigation in California was governed by a 2000 state supreme court case called Aas, which significantly limited (and in some cases eliminated) recovery to resultant damages, unrelated to whether construction was either within code guidelines or standard of care. If you had roof tiles that werent nailed properly, but didn’t leak, you didn’t have damages.
But all that changed in 2002 (see my comment above for the specific code sections) for purchases after 2002. There are now very specific standards which builders must meet, in some cases, regardless of actual damages. If some parts weren’t built right, but still operate correctly, there may be recoverable damages. It added a right to repair for the builder, and also changed the statute of limitations from 10 years across the board to other periods, depending on the defective assembly.
