| Start |
Association Serves "Notice of Commencement
of Legal Proceeding" (NCLP) |
| Within 25 days of NCLP |
Respondents can ask to Meet & Confer with
the Association |
| Within 10 days of request for Meet & Confer
|
Meet & Confer must take place |
| Within 60 days of NCLP |
Document production, described in CC
§1375(e)(1) |
| Within 60 days of NCLP |
Respondents (builder, developer, general
contractor) must notify all subcontractors, design professionals, insurers,
and additional insured carriers of NCLP (CC §1375(e)(2) Notice). CC
§1375(e)(2) Notice must include a date to Meet & Confer with Association to
select a "Dispute Resolution Facilitator". CC §1375(e)(2) Notice Meet
& Confer must take place within 20 days of sending §1375(e)(2) Notice. |
| After receipt of §1375(e)(2) Notice
|
Subcontractors, design professionals,
insurers, and additional insured carriers must serve a Written
Acknowledgement of Receipt of §1375(e)(2) Notice. |
| Within 10 days of subcontractors, design
professionals, insurers and additional insured carriers Written
Acknowledgement of Receipt of §1375(e)(2) Notice |
Subcontractors, design professionals,
insurers and additional insured carriers must provide a Statement of
Insurance |
| Within 20 days of receipt of §1375(e)(2)
Notice |
Association, respondents (builder,
developer, general contractor) and subcontractors, design professionals,
insurers and additional insured carriers meet and confer to select a
"Dispute Resolution Facilitator" |
| Within 15 Days of Receipt of Notice of Claim
by Subcontractors, Design Professionals, Insurers and Additional Insured
Carriers, if Dispute Resolution Facilitator has been named |
Objection to Dispute Resolution Facilitator
must be served |
| 10 Days before Case Management Meeting |
Notice of Case Management Meeting must be
served by respondents (builder, developer, general contractor) |
| 10 Days before Case Management Meeting |
Dispute Resolution Facilitator must make a
written disclosure of any conflicts |
| Within 100 days of NCLP |
Case Management Meeting must take place,
with Dispute Resolution Facilitator, in the county where the property is
located |
| 20 days before Dispute Resolution |
Respondents (builder, developer, general
contractor) must mail notice of Dispute Resolution meeting |
| At Any Time |
Subcontractors, design professionals,
insurers, and additional insured carriers can request designation as a
peripheral party. A Peripheral Party is one statutorily designated as
having exposure of less than $25,000
Objections to designating a party as a peripheral party
must be served within 15 days. |
| At any time |
Subcontractors and design professionals can
petition for release from the action. Objections to
release from the action must be served within 15 days. |
| Within 10 days of Receipt of Written
Settlement Offer |
Association Board of Directors must Meet &
Confer regarding Settlement Offer. Respondents may have to pay $3 per
association member as costs of this meeting. |
| 15 days before actually filing a lawsuit |
Association holds a §1375(k) meeting to
discuss filing lawsuit. |
| 15 days before §1374(k) Meeting |
Written Notice is given to all members
regarding §1375(k) meeting. |
| 180 Days |
Calderon Process is completed, unless
parties have agreed to one 180-day extension. Peripheral parties do
not have to agree to the extension. |
| 360 Days |
Calderon Process must be completed. |
| After completion of the Calderon Process |
Association or its assignee may file a
Complaint in Superior Court |
| Within 90 days of filing Complaint in
Superior Court |
Parties who should have been part of the
Calderon process can seek judicial relief for an Association's failure to
comply with the Calderon process, but submitting a verified application
regarding procedural deficiency. |
| Within 21 days of Procedural Deficiency
Application |
Superior Court must hold Hearing on
Procedural Deficiency Application |
| Within 90 days after Hearing on Procedural
Deficiency Application |
Respondents (probably refers to Association,
not builder, developer, and general contractor) must show substantial
compliance with the Calderon Process. If there was no substantial
compliance, the Court can dismiss the action. |
