California Home Construction Defect Laws

UPDATED: Jul 16, 2021

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UPDATED: Jul 16, 2021Fact Checked

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Jeffrey Johnson

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Jeffrey Johnson is a legal writer with a focus on personal injury. He has worked on personal injury and sovereign immunity litigation in addition to experience in family, estate, and criminal law. He earned a J.D. from the University of Baltimore and has worked in legal offices and non-profits in Maryland, Texas, and North Carolina. He has also earned an MFA in screenwriting from Chapman Univer...

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Mary Martin

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Mary Martin has been a legal writer and editor for over 20 years, responsible for ensuring that content is straightforward, correct, and helpful for the consumer. In addition, she worked on writing monthly newsletter columns for media, lawyers, and consumers. Ms. Martin also has experience with internal staff and HR operations. Mary was employed for almost 30 years by the nationwide legal publi...

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UPDATED: Jul 16, 2021

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It’s all about you. We want to help you make the right legal decisions.

We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.

Editorial Guidelines: We are a free online resource for anyone interested in learning more about legal topics and insurance. Our goal is to be an objective, third-party resource for everything legal and insurance related. We update our site regularly, and all content is reviewed by experts.

UPDATED: Jul 16, 2021

Advertiser Disclosure

It’s all about you. We want to help you make the right legal decisions.

We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.

UPDATED: Jul 16, 2021Fact Checked

If you own a home in California and discover a construction defect, bringing a lawsuit against the responsible party may require more than filing a complaint if your home was built in 2003 or later.

California Senate Bill 800

The California Legislature passed Senate Bill (SB) 800 in late 2002 in an attempt to curb construction defect litigation between builders, homeowners, and the insurance industry. SB 800 allows the home buyer to sue for latent defects (those that don’t cause personal injury or property damage) if he complies with certain pre-litigation procedures that allows the builder the opportunity to repair the construction defects beforehand. However, the law only applies to homes built after January 1, 2003.

Determining if This Law is Beneficial

The jury is still out on that question. Proponents of the law say that it relieves the tension and probable litigation between all the parties involved in the home buying process by giving the builder the chance to make things right instead of being hit with a lawsuit that will cost time and money to defend. Critics of the law say the law doesn’t go far enough. They believe that all homeowners, regardless of when a home was built, should be able to take advantage of the law – especially because California has a 10-year statute of limitations for latent home defects. So, a home can be relatively new, but not be covered under the law.

Ten-Year Statute of Limitations

California law states that all homeowners have 10 years to file a lawsuit for latent defects against a home builder/developer. However, that 10-year period may actually be shorter if you discover the defect and don’t do anything about it. Other statutes of limitation may kick in instead. It all depends upon what type of defect exists. So, while the 10-year period is the absolute limit, it is best to speak to a qualified attorney as soon as you discover the defect to make sure that you protect your potential claim.

 

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Jeffrey Johnson

Insurance Lawyer

Jeffrey Johnson is a legal writer with a focus on personal injury. He has worked on personal injury and sovereign immunity litigation in addition to experience in family, estate, and criminal law. He earned a J.D. from the University of Baltimore and has worked in legal offices and non-profits in Maryland, Texas, and North Carolina. He has also earned an MFA in screenwriting from Chapman Univer...

Insurance Lawyer

Mary Martin

Published Legal Expert

Mary Martin has been a legal writer and editor for over 20 years, responsible for ensuring that content is straightforward, correct, and helpful for the consumer. In addition, she worked on writing monthly newsletter columns for media, lawyers, and consumers. Ms. Martin also has experience with internal staff and HR operations. Mary was employed for almost 30 years by the nationwide legal publi...

Published Legal Expert

Editorial Guidelines: We are a free online resource for anyone interested in learning more about legal topics and insurance. Our goal is to be an objective, third-party resource for everything legal and insurance related. We update our site regularly, and all content is reviewed by experts.

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