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Calderon Act Attorneys

Overview

The Calderon Act establishes prerequisites that must be fulfilled before a homeowners association can file a lawsuit against a developer of a project for construction defects.  The primary prerequisite to filing a lawsuit is called a Notice of Commencement of Legal Proceedings. This notice has strict procedures and deadlines which must be followed.  

The Calderon Act attorneys at Flores Ryan, LLP have expertise in every aspect of Calderon Act procedures, deadlines, and strategies. We provide the legal expertise to ensure that Calderon Act disputes are properly prepared and filed. Our extensive experience with the Calderon Act allows us to maximize the chance of favorably resolving the dispute. 

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ARTICLES

CSLB Citations

Getting back to the basics of how a CSLB Citation works, this article will provide an overview of what every contractor should know.

CSLB Accusations

This article covers the basics of a CSLB accusation as well as other useful information regarding accusations.

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California Contractors' License - The Basics

Contractors can learn the limits of what their specific license allows them to do and can learn how to properly maintain their license.

Boots of Contractor with Contractor's license maintained in good standing
Maintaining a California contractors license in good standing

This article will cover the elements all contractors must pay attention to in order to ensure that their contractors license is properly maintained.

KEY POINTS

  • The Calderon Act, was enacted in 1995 and requires dispute resolution before a common interest development with 20 or more units can sue a developer for construction defects.
  • Unlike the Right to Repair Act's prelitigation procedures, all defect lists, demands, communications, negotiations, and offers are inadmissible at trial.
  • The dispute resolution process is initiated by a written "Notice of Commencement of Legal Proceedings" from the homeowners' association to the builder, developer, or general contractor.
  • The notice must be served by certified mail to either, the respondent's registered agent, or, to any of the respondent's officers. If the respondent has no current agents and/or officers, service must be made on the person or entity authorized by law to receive service of process.
  • When preparing a Notice of Commencement of Legal Proceedings be sure to include the following: A name and location of the project; An initial list of defects sufficient enough to inform the respondent of their general nature; A description of the results of the defects, if known; A summary of the results from homeowners who answered a survey describing the extent and nature of the defects; And lastly, a summary of test results if testing has occurred on the property.

FORMS

Below you can generate the following forms that are applicable to citations: