Dissatisfied with the legislative tradeoffs wonbyits lobbyists when fixing the problem of a remedy for construction defects that have not yet caused damage, they seek to create new problems by introducing delay and burdening homeowners where damage has already occurred and common law causes already exist to remedy that damage. Commonlaw causesofaction address actual damage already occurring early in the life of the new home, before the four and ten yearstatutes of limitation for patent and latent defects contained in California Code of Civil Procedure sections 337.1 and 337.15. (See Liberty Mutual, supra, 219 Cal.App.4th at 108.)

As a result, the California period of limitations should be borrowed in keeping with longstanding and settled procedure. California Code of Civil Procedure §337.1 provides for a period of limitations of four years for actions based upon an action upon a contract, obligation or liability founded upon an instrument in writing. Thus, the action is timely.