If you have or found a construction defect, report it as soon as possible. Why? Construction defects have time limits. You don’t want to lose out on winning money to fix the defect by delaying bringing the defect to the law’s attention.
Not all construction defect claims have the same reporting time either. Deadlines to bring construction defect claims are determined by statutes of limitation. In California, homes that have a substantial completion date or close of escrow date after January 1, 2003 are governed by Civil Code Section 895, et seq. (“SB800”). This statute contains one-, two-, four-, five-, and ten-year statutes of limitations. These statutes of limitations are different in other states.
The following time limits are applicable to homes built after January 1, 2003:
1 year
- Noise (from original occupancy of adjacent unit)
- Fit and finish warranty
- Irrigation and drainage
- Manufactured products
2 years
- Decay of untreated wood posts
- Landscaping systems
- Dryer ducts
4 years
- Electrical systems
- Cracks in exterior hardscape, pathways, driveways, landscape, sidewalls, sidewalks, patios
- Corrosion of steel fences
5 years
- Deterioration of building surfaces due to paint or stain
10 years
If not specifically set forth in SB800, no action may be brought to recover under SB800 more than 10 years after substantial completion but not later than the date of recordation of a valid notice of completion.
If you’re a homeowner or association seeking representation in construction defect litigation, our law firm in San Diego can help. We also work with clients in Los Angeles, Orange County, Riverside, San Bernardino counties.
To contact us, call 844-492-7474 or visit our San Diego construction defect contact page.
To learn more about California construction defects and the process, click our construction defect litigation page
