When a contractor/developer finishes a project, he/she is on the hook for a certain amount of time for defective workmanship. If a lawsuit is filed before the statute of limitations is up, a person can have a valid case.
In California, the statute of limitations for breach of contract and breach of implied warranty is two years for oral agreements and four years for written ones. However, there is a range for certain items for up to 10 years.
The Statute of Limitations can be extended if a contractor or developer attempts to repair the defective workmanship, they may prevented from asserting a statute of limitations defense. The statute is also extended while the work is being performed.
Other reasons why a statute of limitations can be extended include, but are not limited to a promise to perform, a promise to settle, fraudulent concealment of a defendant or a cause of action, the defendant’s absence from the state, and disabilities which prevent the plaintiff from filing the action such as incarceration, insanity, and war.
TATUTES OF LIMITATIONS
- *One Year
- Noise transmission
- Manufactured products (not otherwise covered by previous warranty)
- Fit and finish items
- Certain irrigation and drainage systems
- *Two Years
- Dryer duct installation
- Wood fences and posts
- Certain landscape systems
- *Four Years
- Plumbing/sewer (operational fixtures)
- Electrical and mechanical defects
- Pathways (cracks or vertical displacement)
- Steel fences
- *Five Years
- Paint or stain deterioration on building surfaces
- **Ten Years
- All other defects or violations of building standards
- Air conditioning systems
- Balconies
- Decks
- Doors
- Ceramic tile, tile backing and tile countertops
- Exterior stairs
- Exterior stucco, siding, walls, framing, finishes
- Foundations, load bearing components, slabs, and underlying soils
- Hardscape, paths, patios, irrigation systems, landscape systems, and drainage systems
- Heating systems
- Plumbing, sewer, and utility lines
- Retaining and site walls, associated drainage systems
- Roofs, roofing systems, chimney caps and ventilation
- Shower and bath enclosures
- Soils and engineered retaining walls
- Structures
- Windows, patio doors, deck doors, and related systems
This article is for general information and not legal advice.
If you found a construction defect, call us right away, even if the statute of limitations is a few years. Our construction defect lawyers can help you get the process started now, so you don’t have to wait longer for compensation or for problems to arise.
If you are a homeowner or homeowner association seeking representation in construction defect litigation, our law firm based in San Diego can help represent you. Along with San Diego, we work with clients in Los Angeles, Orange County, Riverside, San Bernardino.
We have more than 35 years of experience handling and winning all types, including difficult, construction defect cases. Construction defect cases can get complex, so it’s best to consult an attorney as soon as possible to help you through the process. We will let you know if your issue is a construction defect, what caused it, who is responsible, how much it will cost to fix, and how and if insurance will cover it.
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 construction defect litigation process, click our San Diego construction defect litigation page. We serve all areas in Los Angeles, Orange County, San Diego, Riverside and San Bernardino
