Under California Code of Civil Procedure 337.1, and 337.15, an engineer's liability for his or her "design, specifications, surveying, planning, supervision or observation of construction or construction of an improvement to real property" is divided into two categories: patent deficiencies and latent deficiencies.
A Patent deficiency is a deficiency that is apparent by reasonable inspection. In California, a plaintiff has four years from the substantial completion of the project to bring an action for patent deficiencies. California Code of Civil Procedure 337.1.
A Latent deficiency is a deficiency that is not apparent by reasonable inspection. Under California law, a plaintiff has ten years from the substantial completion of the project to bring an action for latent deficiencies. California Code of Civil Procedure 337.15.
These statutes may seem clear, however, disputes arise and have been settled in the courts over the exact meanings of "deficiency," "inspection," what is "reasonable inspection," and when "substantial completion" occurs. An attorney knowledgeable in engineering law can evaluate a particular situation and provide advice. There may also be issues that extend the four-year and ten-year terms above.
Disclaimer: Nothing contained on this blog is to be construed as legal advice. Instead, the content of this blog is for general information purposes, and may or may not fit a particular situation. For specific legal advice pertaining to a particular situation, please contact a qualified attorney.
Please see Mr. Sowell's website for more information: http://www.resowell-law.com/
Mr. Roger Sowell is the attorney responsible for the content of this blog.
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