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California Contractor Warranty Form

In California, contractor warranty forms include various implied and express warranties depending on the work being done. There is no mandatory form for these warranties, and the law will create an implied warranty even if the contractor doesn’t provide one. Learn all about California construction law here.

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Legal Options If New Home Contractor or Builder Does Not Honor Written Warranty

When the first signs of a construction defect pop up in a newly constructed home which is under a “builder’s warranty”, the homeowner should take photographs of the problem area and/or video tape to document the defect. In addition, the homeowner should immediately let the contractor know, in writing, and request a site inspection of the home by a specified date.

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Am I Entitled to a Contractor Warranty?

A homeowner’s right to such a warranty is determined both by state law and by whether a warranty is included in the construction or remodeling contract. You should always negotiate a written warranty with your contractor for work performed. This warranty can be part of your construction contract and negotiated along with the other terms of your agreement.

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New Home Warranties

Because most homeowners aren’t in a position and don’t have the knowledge to ensure that every aspect of their new home build is done properly, the obligation falls on the builder to ensure that the property meets basic minimum standards so that it is habitable and reasonably well constructed. As such, most states require some type of new home warranty to be provided. In addition, many builders will provide written warranties as part of construction contracts to inform homeowners of their warranty rights and which may expand upon the protections offered by state law.

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