California Assembly Bill AB1152 Introduced / Bill

 BILL NUMBER: AB 1152INTRODUCED BILL TEXT INTRODUCED BY Assembly Member Frazier FEBRUARY 27, 2015 An act to amend Section 895 of the Civil Code, relating to construction defects. LEGISLATIVE COUNSEL'S DIGEST AB 1152, as introduced, Frazier. Construction defects. Existing law regulates actions seeking recovery on construction defects, as specified, on original construction intended to be sold as an individual dwelling unit. Existing law defines certain terms for these purposes. This bill would make nonsubstantive changes to these provisions. Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no. THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS: SECTION 1. Section 895 of the Civil Code is amended to read: 895. (a) "Structure" means  any   a  residential dwelling, other building, or improvement located upon a lot or within a common area. (b) "Designed moisture barrier" means an installed moisture barrier specified in the plans and specifications, contract documents, or manufacturer's recommendations. (c) "Actual moisture barrier" means  any   a  component or material, actually installed, that serves to any degree as a barrier against moisture, whether or not intended as a barrier against moisture. (d) "Unintended water" means water that passes beyond, around, or through a component or the material that is designed to prevent that passage. (e) "Close of escrow" means the date of the close of escrow between the builder and the original homeowner. With respect to claims by an association, as defined in Section 4080, "close of escrow" means the date of substantial completion, as defined in Section 337.15 of the Code of Civil Procedure, or the date the builder relinquishes control over the association's ability to decide whether to initiate a claim under this title, whichever is later. (f) "Claimant" or "homeowner" includes the individual owners of single-family homes, individual unit owners of attached dwellings and, in the case of a common interest development,  any   an  association as defined in Section 4080.