§ 337.15.Recovery of Damages From Person Developing Real Property Or Performing Or Furnishing Design, Specifications, Surveying, Supervision Testing, Observation of Construction

Where § 337.1 covers defects that reasonable inspection would catch, § 337.15 covers latent deficiencies — the ones that aren’t apparent that way. No action against a person or surety who developed real property or performed or furnished design, planning, supervision, testing, or construction work may be brought more than 10 years after the improvement’s substantial completion, whether for the deficiency itself or for resulting property damage. That 10-year outer limit starts running no later than final inspection by the relevant public agency, recordation of a notice of completion, first use or occupation of the improvement, or one year after work on the improvement stopped — whichever comes first.

“Action” under this section reaches indemnity claims against a person for the services or materials described here, though an indemnity cross-complaint can still be filed under § 428.10(b) in a timely underlying action even after the 10 years would otherwise have run.

As with § 337.1, the repose period isn’t available as a defense to whoever was in actual possession or control of the improvement when the latent deficiency caused the harm. And the entire 10-year cap doesn’t apply to actions based on willful misconduct or fraudulent concealment — those claims aren’t limited by this section at all.