A contractor completes a $125,000 home improvement project. The homeowner discovers defective work 8 months later. What is the contractor's obligation under the Home Improvement Contract law?
Correct Answer
B) Must remedy defects in workmanship within the warranty period
B&P Code Section 7159 requires contractors to remedy defects in workmanship during the specified warranty period, typically one year unless otherwise specified.
Why This Is the Correct Answer
B&P Code Section 7159 requires contractors to remedy defects in workmanship during the applicable warranty period. The default warranty period for home improvement work is one year from completion unless the contract specifies otherwise. Since the defect was discovered at 8 months — within that one-year window — the contractor has a legal obligation to repair or remedy the defective workmanship, not just the materials.
Why the Other Options Are Wrong
Option A: Must provide warranty for materials only
Limiting the warranty to materials only misrepresents the law. B&P Code Section 7159 covers both materials and workmanship. A contractor cannot contractually disclaim the workmanship warranty under this provision; attempting to do so in a home improvement contract would be unenforceable.
Option C: Obligation limited to 6 months from completion
A 6-month limitation is not supported by statute. The default warranty under the Home Improvement Contract law extends to one year for workmanship. An 8-month discovery falls squarely within the valid warranty period, making a 6-month cutoff incorrect.
Option D: No obligation after project completion
Claiming no obligation after project completion directly contradicts B&P Code Section 7159. Contractors retain warranty obligations for a specified period after completion. Arguing otherwise would expose the contractor to CSLB disciplinary action and civil liability.
Memory Technique
Remember '7159 = One Year, Work and Materials.' The law number 7159 has four digits — think '1 Year for All' to remind yourself that both workmanship and materials are covered for the full warranty period.
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