! CRITICAL: SB 800 Pre-Litigation Procedures
You Cannot Sue Without Following These Steps
California law REQUIRES you to complete the SB 800 notice and repair process before filing a lawsuit. Courts will dismiss your case if you skip these mandatory procedures. Follow each step carefully.
1
Homeowner Sends Written Notice of Defects
You must send the builder a written notice describing all known defects in reasonable detail. Include photos and documentation. Send via certified mail with return receipt.
Your Action - Start Here2
Builder Must Acknowledge Receipt
The builder has 14 days from receipt to acknowledge your notice in writing. If they fail to respond, you've satisfied the notice requirement.
Builder Has 14 Days3
Builder May Request Inspection
Within 14 days of acknowledgment, the builder may request to inspect the property. You must allow reasonable access. The builder may bring experts.
Builder Has 14 Days to Request4
Builder Must Offer Repair (or Document Why Not)
Within 30 days of inspection (or 14 days after acknowledgment if no inspection), builder must offer to repair, compromise, or explain why the claim isn't valid.
Builder Has 30 Days After Inspection5
Homeowner Responds to Offer
You can: (1) Accept the repair offer, (2) Request documentation of repairs to be performed, or (3) Reject the offer if inadequate. Document your response in writing.
Your Decision6
Litigation Now Permitted (If Unresolved)
Only AFTER completing this process - or if builder fails to respond/offer adequate repair - can you file a lawsuit. Keep all correspondence as proof of compliance.
After Process CompleteBuilder's Right to Repair
SB 800 gives builders the RIGHT to repair defects before you can sue for damages. If the builder offers a reasonable repair and you refuse, you may lose your ability to recover. However, if repairs are inadequate or incomplete, you preserve your claims.
S California Laws Protecting New Home Buyers
Civil Code 895-945.5 - SB 800 (Right to Repair Act)
Establishes construction standards for new residential construction sold after January 1, 2003. Creates mandatory pre-litigation procedures and defines builder liability for construction defects. Applies to single-family homes, condos, and townhomes.
Civil Code 896 - Building Standards (What Constitutes a Defect)
Defines specific performance standards for all building components including foundations, framing, exterior components, plumbing, electrical, HVAC, and more. If a component fails to meet these standards, it's a defect regardless of building code compliance.
Civil Code 910-938 - Pre-Litigation Procedures
Mandates the notice, inspection, and repair process before homeowners can file lawsuits. Sections 910-938 detail exact timelines, builder obligations, homeowner rights, and consequences for non-compliance by either party.
10-Year Statute of Limitations for Latent Defects
Hidden defects not discoverable through reasonable inspection have a 10-year limitations period from substantial completion. Patent (visible) defects have shorter periods. Different building components have specific timeframes under Civil Code 896.
SB 800 Notice is Mandatory - Not Optional
Unlike regular contract disputes, you CANNOT skip the SB 800 process. Filing a lawsuit without proper notice can result in dismissal, wasted legal fees, and potentially running out your statute of limitations.
! Common New Home Construction Defects
California Civil Code 896 establishes performance standards for these building components. If your home fails to meet these standards, you have a valid defect claim:
Structural Defects
Foundation cracks or settlement, framing deficiencies, load-bearing wall failures, inadequate shear walls, improper connections, slab issues. 10-year statute of limitations.
Water Intrusion
Roof leaks, window and door leaks, stucco failures and cracks, improper flashing, waterproofing failures, exterior wall penetration leaks. Can lead to mold and structural damage.
Plumbing & Electrical
Pipe leaks within walls, sewer line defects, improper venting, faulty electrical wiring, inadequate circuits, code violations, fixture failures. 4-year statute for most.
HVAC, Drainage & Grading
Improperly sized HVAC systems, ductwork defects, inadequate lot drainage, improper grading causing water intrusion, retaining wall failures, soil subsidence.
Statute of Limitations by Defect Type (Civil Code 896)
| Defect Type | Time Limit |
|---|---|
| Foundation, load-bearing components, structural elements | 10 years |
| Exterior cladding (stucco, siding), windows, doors | 10 years |
| Plumbing and sewer systems | 4 years |
| Electrical systems | 4 years |
| Exterior hardscape (driveways, walkways) | 4 years |
| Landscaping and irrigation systems | 1 year |
$ Recoverable Damages
Under SB 800, you can recover the cost to repair defects and related consequential damages:
| Damage Type | Typical Range |
|---|---|
| Repair costs (varies by defect severity) | $5,000 - $500,000+ |
| Temporary housing (if uninhabitable during repairs) | $3,000 - $30,000+ |
| Property damage from defects (mold, water damage, etc.) | $5,000 - $100,000+ |
| Expert inspection and engineering costs | $2,000 - $25,000 |
| Relocation and storage costs | $2,000 - $15,000 |
Important: Builder Has Right to Repair First
SB 800 generally limits recovery to the cost of repair - not diminished value or emotional distress. However, if the builder fails to repair or repairs inadequately, you may recover additional damages including temporary housing, alternative living expenses, and property damage caused by the defects.
@ SB 800 Notice Letter Template
This letter initiates the mandatory pre-litigation process. Send via certified mail with return receipt requested. Keep a copy for your records.
NOTICE OF CONSTRUCTION DEFECTS PURSUANT TO CIVIL CODE SECTION 910
(California Right to Repair Act - SB 800)
[Your Name]
[Your Address]
[City, CA ZIP]
[Phone]
[Email]
[Date]
VIA CERTIFIED MAIL, RETURN RECEIPT REQUESTED
[Builder/Developer Name]
[Builder Address]
[City, CA ZIP]
Re: NOTICE OF CONSTRUCTION DEFECTS - Civil Code Section 910
Property Address: [Your Property Address]
Date of Purchase: [Close of Escrow Date]
Tract/Lot Number: [If applicable]
Dear [Builder Name]:
Pursuant to California Civil Code Section 910 et seq. (the "Right to Repair Act" or "SB 800"), this letter constitutes formal written notice of construction defects in my home located at the above address.
PROPERTY INFORMATION:
Property Address: [Full Property Address]
Purchase Date: [Date]
Original Buyer: [Your Name / or indicate if subsequent purchaser]
Builder/Developer: [Builder Name as shown on purchase documents]
DESCRIPTION OF DEFECTS:
I have discovered the following construction defects at the property, which violate the building standards set forth in Civil Code Section 896:
1. [Defect Type - e.g., "Water Intrusion"]
Location: [Where in home - e.g., "Master bedroom exterior wall"]
Description: [Detailed description - e.g., "Water leaking through exterior stucco causing interior drywall damage, visible mold growth, and wood rot in wall framing"]
Date Discovered: [Date you first noticed]
2. [Defect Type - e.g., "Foundation Issues"]
Location: [Where in home]
Description: [Detailed description]
Date Discovered: [Date]
3. [Defect Type - e.g., "Plumbing Defects"]
Location: [Where in home]
Description: [Detailed description]
Date Discovered: [Date]
[Add additional defects as needed]
APPLICABLE BUILDING STANDARDS VIOLATED (Civil Code 896):
Based on my understanding, the above defects violate the following building standards:
[Check all that apply:]
[ ] Section 896(a) - Water issues (roofs, windows, doors, exterior cladding)
[ ] Section 896(b) - Structural issues (foundations, load-bearing components)
[ ] Section 896(c) - Soil issues (grading, drainage, retaining walls)
[ ] Section 896(d) - Fire protection systems
[ ] Section 896(e) - Plumbing and sewer systems
[ ] Section 896(f) - Electrical systems
[ ] Section 896(g) - Other areas (specify)
DAMAGES:
As a result of these defects, I have incurred or anticipate incurring the following damages:
[List known damages, e.g.:]
- Cost of expert inspection to identify defects
- Estimated repair costs (if known)
- Property damage from water intrusion/other defects
- Temporary housing costs (if applicable)
- Personal property damage (if applicable)
REQUEST FOR RESPONSE:
Pursuant to Civil Code Section 913, you are required to acknowledge receipt of this notice within fourteen (14) days. You may then elect to inspect the property within fourteen (14) days of acknowledgment pursuant to Section 916.
This notice is sent in compliance with the pre-litigation procedures mandated by Civil Code Sections 910-938. I reserve all rights and remedies available under the Right to Repair Act and any other applicable law.
Please direct all correspondence regarding this matter to me at the address above.
DOCUMENTATION AVAILABLE FOR INSPECTION:
I have the following documentation available for your review:
- Photographs of defects
- [Expert inspection report, if obtained]
- [Repair estimates, if obtained]
- Purchase contract and warranty documents
- Prior correspondence regarding these issues
Sincerely,
_______________________________
[Your Signature]
[Your Printed Name]
Enclosures:
- Photographs of defects
- [List any expert reports or estimates]
- Copy of purchase documentation (relevant pages)
cc: [Your attorney, if applicable]
[HOA, if applicable]
Track All Deadlines
After sending this notice, mark your calendar: Builder has 14 days to acknowledge, then 14 days to request inspection, then 30 days to offer repair after inspection. If ANY deadline passes without response, document it - this affects your right to proceed.
🖩 New Home Defects Damages Calculator
Use this interactive calculator to estimate potential damages in your case. Enter your information below to get an estimate of recoverable damages.
📈 Estimated Damages Breakdown
Direct Damages
$0
Consequential Damages
$0
Emotional Distress (Est.)
$0
Statutory Penalties (Est.)
$0
TOTAL ESTIMATED DAMAGES
$0
Disclaimer: This calculator provides rough estimates for educational purposes only and does not constitute legal advice. Actual damages vary significantly based on specific facts, evidence strength, and many other factors. Consult with a qualified California attorney for an accurate case evaluation.
% Evidence Checklist for Your Claim
- Purchase contract and escrow documents - Shows builder relationship, purchase date, and any warranty provisions
- Builder warranty documents - Express warranty terms, any extended warranty purchased, warranty claim procedures
- Photographs and videos of defects - Date-stamped photos showing location, extent, and progression of defects over time
- Expert inspection reports - Reports from licensed contractors, structural engineers, or construction defect experts identifying code violations and defects
- Repair estimates - Written estimates from licensed contractors for repair costs (get 2-3 for credibility)
- Communications with builder - All emails, letters, warranty claims, and responses regarding these or related issues
- HOA communications - If applicable, any notices or correspondence about common area or building-wide defects
- Weather and damage timeline - Records showing when damage appeared, correlation with rain/weather events
Get an Expert Inspection First
While not legally required for the SB 800 notice, hiring a construction defect expert BEFORE sending your notice helps you identify all defects (including hidden ones) and strengthens your claim. You don't want to discover additional defects after starting the process.
# Timeline After Sending Your Notice
1
Days 1-14: Wait for Acknowledgment
Builder must acknowledge receipt within 14 days. If no acknowledgment, you've satisfied the notice requirement and may proceed.
2
Days 14-28: Inspection Period
Builder may request to inspect within 14 days of acknowledgment. Allow reasonable access. Document everything during inspection.
3
Days 28-58: Repair Offer Period
Builder has 30 days after inspection to offer repair. Review any offer carefully - you can accept, request documentation, or reject.
4
Day 58+: Resolution or Litigation
If builder repairs adequately, claim resolved. If no offer, inadequate offer, or failed repair - you may now file a lawsuit.
? Frequently Asked Questions
What is California's Right to Repair Act (SB 800)?
California's Right to Repair Act (SB 800), codified in Civil Code sections 895-945.5, establishes construction standards for new residential construction and requires homeowners to follow specific pre-litigation procedures before suing builders. The law gives builders the opportunity to inspect and repair defects before homeowners can file a lawsuit, while also defining what constitutes a construction defect.
How long do I have to file a construction defect claim?
California has varying statutes of limitations depending on the type of defect: 10 years for latent defects (hidden defects not discoverable through reasonable inspection), 4 years for patent defects (visible defects), and specific timeframes under SB 800 ranging from 1-10 years depending on the building component. Foundation and structural defects have a 10-year limit, while plumbing and electrical have 4 years.
Must I let the builder attempt repairs first?
Yes. Under SB 800, you must follow mandatory pre-litigation procedures. First, send written notice of defects. The builder has 14 days to acknowledge, then may request inspection within 14 days. After inspection, the builder has 30 days to offer repair. Only after completing this process (or if builder fails to respond) can you file a lawsuit. Skipping these steps can get your case dismissed.
What defects are covered under SB 800?
SB 800 covers virtually all aspects of new home construction including: structural defects (foundation, framing, load-bearing walls), water intrusion (roof leaks, window failures, stucco cracks), plumbing systems, electrical systems, HVAC systems, drainage and grading, fire protection systems, and soil issues. Civil Code 896 lists specific performance standards for each building component.
Can I sue my builder for construction defects?
Yes, but only after completing SB 800's pre-litigation procedures. If the builder fails to respond, refuses to repair, or the repairs are inadequate, you can file a lawsuit. You may recover repair costs, temporary housing expenses, property damage, and relocation costs. However, SB 800 generally limits recovery to the cost of repair rather than diminished value.
Do I need an expert inspection for a construction defect claim?
While not legally required for the initial SB 800 notice, expert inspections are highly recommended. A licensed contractor, structural engineer, or construction defect expert can identify all defects (including hidden ones), document code violations, estimate repair costs, and provide testimony if litigation becomes necessary. Their report strengthens your claim and ensures you don't miss related defects.
Major Construction Defects? I Can Help.
For significant defects, unresponsive builders, or complex multi-defect claims, I can assist with the SB 800 process, negotiations, and litigation if needed.
Contact: owner@terms.lawCAL Schedule a Consultation
For complex construction defect cases or claims over $50,000, book a call to discuss your options and the SB 800 process.
📝 Create Your Demand Letter
Generate a professional demand letter, CA court complaint, or arbitration demand