Beltran -
I represent the fastest growing district in the state. Thousands of new homes are built in my district each year. This bill reduces the statute of repose from ten years to seven for construction defect claims. My constituents expect their new homes to last without defects for decades. Builders should build homes to withstand for at least a decade. Consumers typically pay their mortgages for 30 years, yet the industry expects to be liable for only 7 years. New home buyers will be paying their mortgages for years after their ability to seek redress for construction defects has ended. Unlike other areas of litigation, there is no real or alleged problem with construction litigation. Materiality should be defined with a dollar amount, otherwise it simply creates another undefined term for attorneys and courts to dispute. The industry’s concern about homeowners failing to maintain their homes could be addressed by requiring homeowners to prove as an element of their claim appropriate maintenance of their homes.