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California · Construction Defect Law

California Construction Defect Claims
SB 800 gives you the right to fight back.

California has the nation's most detailed construction defect law — but it also has strict prelitigation procedures and hard deadlines under the Right to Repair Act. Miss a step and your claim evaporates.

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Results in 2 minutes SB 800 & CCP §337.15 context No attorney required to start
Statute of Limitations10 yrs latent / 3 yrs patent
Statute of Repose10 years (CCP §337.15)
Pre-Suit Notice90 days (SB 800)
Licensing BodyCSLB (all work >$500)
CA Construction Market~$200B+ annually (#1 by value)

Why California Homeowners Need to Move Fast

California's Right to Repair Act contains the most comprehensive set of construction defect standards in the country — but it also has a multi-step prelitigation process that can easily trip up homeowners who don't know the rules.

90

Day Prelitigation Notice Window

Before filing any lawsuit under SB 800 (Civil Code §895 et seq.), a homeowner must serve written notice on the builder at least 90 days in advance. The builder then has 30 days to acknowledge the claim, another 14 days to offer an inspection, and up to 30 days after inspection to make a repair or cash offer. This process must be exhausted before you can enter a courtroom — skipping it will get your case dismissed.

10

Year Repose for Latent Defects

Code of Civil Procedure §337.15 provides a 10-year statute of repose for latent construction defects — defects that aren't visible or discoverable through reasonable inspection. But for patent (obvious) defects, the window is just 3 years. The distinction matters enormously. A crack you can see has a 3-year clock. Water damage hidden behind your walls has 10. Knowing which category your defect falls into can be the difference between a viable claim and a barred one.

$500

CSLB License Threshold

California requires any contractor performing work valued at $500 or more — including labor and materials — to hold a valid Contractors State License Board (CSLB) license. This is one of the lowest thresholds in the country. An unlicensed contractor who took your money cannot enforce any contract with you and may be liable for disgorgement of all amounts paid, regardless of whether the work was defective. CSLB license status is searchable online at contractors.ca.gov.

Key California Construction Laws

California's construction defect framework is the most complex in the nation. These are the statutes that govern your rights — and your obligations — before you can pursue a claim.

Civil Code §895–945.5

Right to Repair Act (SB 800)

SB 800, which took effect January 1, 2003, applies to all new residential construction sold after that date. It established specific, measurable performance standards for virtually every system in a home — foundations, roofing, plumbing, electrical, HVAC, windows, doors, and more. Builders are required to meet these standards for defined periods ranging from 1 year (cosmetic items) to 10 years (structural components). Crucially, the Act creates a mandatory prelitigation process. Before suing, homeowners must give the builder an opportunity to inspect and repair. Failing to follow this process can result in dismissal.

✓ Governs all new residential construction post-2003
CCP §337.15

10-Year Statute of Repose (Latent Defects)

California Code of Civil Procedure §337.15 bars any action for latent construction defects more than 10 years after substantial completion. Unlike a limitations period, this repose period does not pause for discovery — it runs regardless of when you found the problem. The clock starts from the date of substantial completion of the improvement, not from when you moved in or when you noticed the defect. Combined with SB 800's 90-day notice requirement, homeowners discovering latent defects in year 9 or 10 are in a genuine race against the calendar.

✓ Discovery rule does not toll this period
CCP §337 / §338

Statutes of Limitations for Patent Defects

For patent (visible or discoverable) defects, different limitations periods apply. Under CCP §337, written contract claims must be filed within 4 years. Under CCP §338, property damage claims must be filed within 3 years of discovery. These shorter periods can apply where the defect was observable but the homeowner delayed acting. Courts have found that a homeowner who saw cracks, stains, or other signs and did nothing for years may be time-barred even if the 10-year repose period has not yet run.

✓ Discovery rule applies to patent defects
CSLB & B&P Code §7031

Contractor License Requirements

Business and Professions Code §7031 is one of the most powerful consumer protection statutes in California construction law. It provides that an unlicensed contractor cannot bring any action to collect compensation for construction work, and — critically — that the homeowner may recover all compensation paid to the unlicensed contractor, regardless of whether the work was performed or whether it was defective. California courts apply this rule strictly. If your contractor lacked a current, valid CSLB license when the work was performed, you may have a complete disgorgement claim independent of any defect.

✓ Full disgorgement available for unlicensed work

Common Construction Defect Claims in California

California's diverse geography — coastal moisture, seismic activity, extreme heat, and hillside terrain — creates a distinct pattern of construction failures. These are the defect types most frequently pursued by California homeowners.

Water Intrusion & Moisture Barrier Failures

California's coastal areas face persistent moisture intrusion from marine layer, rain, and fog. Improper window flashing, failed waterproofing on decks and balconies, and inadequate weather-resistive barriers are among the most litigated defect categories in the state. SB 800 Civil Code §896(a)(2) sets a specific standard: windows, doors, and skylights shall not allow water to pass into the structure. Violations are relatively easy to document and prove.

SB 800 §896(a)(2)High RecoveryExpert Required

Seismic & Structural Deficiencies

California sits on some of the world's most active fault systems. Buildings that don't meet current seismic standards — soft-story construction, inadequate shear walls, improper hold-down anchors — are not just a defect claim but a life-safety issue. Post-earthquake inspections often reveal pre-existing construction deficiencies that were never disclosed. If your contractor failed to meet California Building Code seismic requirements, that failure has both civil and regulatory consequences.

CBC Seismic StandardsStructural Engineer Needed10-Year Repose

Stucco & Exterior Cladding Failures

Stucco is California's most common exterior finish — and one of its most frequently defective. Improper three-coat application, missing weep screed, inadequate control joints, and direct application over wood without a drainage plane allow water to enter the wall assembly and cause rot, mold, and structural damage. Stucco claims are notoriously difficult for homeowners to identify early because damage hides behind the cladding until it's severe.

Latent DefectMold Secondary ClaimsInvasive Testing Needed

Slab & Foundation Defects

Concrete slab foundations are standard in California, but improper soil compaction, inadequate rebar placement, missing vapor barriers, and post-tension cable failures are common. California's expansive soils in the Central Valley and Inland Empire, combined with drought-cycle shrink-swell patterns, put significant stress on improperly engineered foundations. SB 800 §896(a)(1) requires that foundations shall not cause a structure to collapse or become unsafe.

SB 800 §896(a)(1)Geotechnical ExpertHigh Value Claims

CSLB License Violations & Unlicensed Work

California has more unlicensed contractor complaints than any other state, driven by its massive construction volume and relatively low $500 license threshold. If a contractor performed any work on your property without a valid CSLB license — whether for a full remodel or a specific trade — Business and Professions Code §7031 may entitle you to recover every dollar you paid, regardless of whether the work was satisfactory.

B&P Code §7031Full DisgorgementNo Defect Required

New Home Defects & Builder Warranty Claims

California production builders selling homes in master-planned communities are subject to SB 800's full framework, including tiered warranty periods. The law creates specific standards for each system — roofing must not allow water penetration for 10 years, HVAC must be properly sized and installed, electrical systems must comply with code. Homeowners in newer subdivisions who discover defects within the warranty periods have strong claims but must follow SB 800's prelitigation procedures precisely.

SB 800 Tiered WarrantyPrelitigation RequiredBuilder Liability

Verified California Construction Attorneys

These attorneys have been vetted for their focus on California construction defect and contractor dispute litigation. BuildRight does not receive referral fees — these are introductions based on expertise.

Josh Haffner

Haffner Law PC — Los Angeles, CA

Josh Haffner leads a Los Angeles-based firm with deep experience in California construction defect litigation, contractor fraud, and CSLB license violation claims. His practice is oriented toward homeowners and property owners navigating SB 800's prelitigation requirements and the often-complex interplay between builder warranties, insurance claims, and litigation strategy. For Southern California clients in Los Angeles, Orange County, and the surrounding areas, Haffner Law offers practical, litigation-tested guidance.

✓ Licensed CA

Joshua Wolff

Wolff Law Office — San Francisco Bay Area, CA & NV

Joshua Wolff is a Bay Area construction attorney with a practice spanning California and Nevada. His experience covers residential construction disputes, contractor negligence, SB 800 prelitigation procedures, and defect claims arising from the Bay Area's unique combination of aging housing stock, intense renovation activity, and seismic compliance requirements. Wolff Law is particularly well-suited for Northern California homeowners — from the Bay Area through Sacramento — where construction defect disputes intersect with complex local permitting and disclosure requirements.

✓ Licensed CA & NV

Steven Kasdan

Kasdan Turner Thomson Booth LLP — Irvine, CA

Steven Kasdan leads a construction law practice that serves clients across California, Arizona, New Mexico, and Hawaii. His firm handles complex construction defect litigation — including multi-party disputes involving builders, subcontractors, design professionals, and insurers — as well as contract disputes and public construction matters. For Orange County and Southern California homeowners dealing with tract home defects, builder warranty issues, or large-scale renovation disputes, Kasdan's multi-jurisdictional experience and depth of practice are substantial assets.

✓ Licensed CA, AZ, NM & HI

California Construction Defect FAQ

SB 800 (Civil Code §895–945.5) applies only to new residential construction that was first sold on or after January 1, 2003. If your home was sold before that date, or if you purchased it as a resale rather than as a new-construction buyer, SB 800's prelitigation requirements and performance standards do not apply. Instead, your claim would proceed under common law negligence, breach of contract, and breach of implied warranty theories — without the mandatory pre-suit notice process. Homes built but not sold until after January 1, 2003 are generally covered. The key date is the first sale of the newly constructed residence.
Under SB 800, before filing any lawsuit against a builder, you must provide written notice to the builder identifying the specific defects. The builder then has 30 days to acknowledge the claim, may request an inspection within 14 days of the acknowledgment, and has 30 days after inspection to make an offer to repair or settle. The entire process can take up to 90 days or more before you are free to file suit. If you file a lawsuit before completing this process, the builder can file a motion to stay (pause) the litigation and require you to go back and complete the prelitigation steps. Courts enforce this requirement strictly. The practical consequence is delay and additional legal costs — which is why having your claim reviewed and your notice properly drafted before engaging this process is so important.
Yes — and potentially the full amount you paid, regardless of whether the work itself was defective. Business and Professions Code §7031 is one of the most powerful homeowner protections in California. It provides that a person who was not a duly licensed contractor cannot bring or maintain any action to collect compensation for the performance of any act requiring a license. More importantly for homeowners, §7031(b) allows the person who hired the unlicensed contractor to bring an action to recover all compensation paid — not just the cost of defective work. California courts apply this strictly; there is no equitable exception for good-faith belief in licensure. You should verify CSLB license status for every contractor who worked on your property, even for work you believe was satisfactory.
It depends on when construction was completed and whether the defect is "latent" (hidden and not reasonably discoverable). For latent defects, CCP §337.15 gives you 10 years from substantial completion — regardless of when you discovered the problem. However, once you discover a defect (or reasonably should have), a shorter limitations period may start running for certain claim types. If your home is more than 8 years past substantial completion, you should treat this as an emergency and consult a California construction attorney immediately — the 90-day SB 800 notice period alone will eat into whatever time you have left. For homes completed more than 10 years ago, the repose period has generally expired and no lawsuit can be filed, even for recently discovered damage.

Get Your California Construction Claim Reviewed

California's SB 800 prelitigation process and 10-year repose period create hard deadlines that don't forgive delay. Know where you stand before the clock runs out.

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BuildRight Consulting provides AI-generated preliminary assessments, not legal advice. Always consult a licensed attorney before taking legal action.