📋 What is SB 800?
California's SB 800, also known as the "Right to Repair Act" (Civil Code 895-945.5), establishes mandatory construction standards and a pre-litigation process for homeowners with defects in new residential construction. Before filing a lawsuit, homeowners must follow the SB 800 notice and inspection process, giving builders the opportunity to inspect and repair defects.
When SB 800 Applies
SB 800 applies to:
- New residential construction (single-family homes, condos, townhomes)
- Original purchasers and subsequent buyers within the warranty period
- Construction completed after January 1, 2003
- Defects that fall below the statutory construction standards in Civil Code 896
🏠 Residential Only
SB 800 covers residential properties - homes, condos, and townhomes. Commercial construction has different rules.
🔧 Right to Repair
Builders get the opportunity to inspect and repair defects before you can file a lawsuit.
⏰ Time Limits Apply
Different defects have different limitation periods - from 1 year to 10 years depending on the type.
⚠ Mandatory Process
Failure to follow the SB 800 process can result in your lawsuit being dismissed or stayed.
⚠ Important: SB 800 is the Exclusive Remedy for Many Claims
For most construction defect claims on homes built after January 1, 2003, SB 800 is the exclusive remedy. You cannot simply sue for negligence or breach of contract without first completing the SB 800 process. However, there are exceptions for fraud, personal injury, and certain other claims.
⚖ The SB 800 Pre-Litigation Process
California law requires a specific sequence of steps before you can file a construction defect lawsuit. This process gives builders a chance to inspect and repair defects, potentially avoiding litigation.
Key California Statutes
Civil Code Section 895
Establishes that residential construction must meet functional performance standards. These standards apply to foundation, framing, fire protection, plumbing, electrical, weather protection, and other building components.
Civil Code Section 896
Lists specific construction standards that builders must meet, including standards for water intrusion, structural issues, soil issues, fire protection, plumbing, electrical, and other components.
Civil Code Section 910
Requires homeowners to provide written notice to the builder describing the claimed defects before filing a lawsuit. This notice must be sent via certified mail.
Civil Code Section 913-917
Outlines the builder's right to inspect the property, request documents, and make an offer to repair. Builder has 14 days to acknowledge notice, then 14 days to complete inspection.
Required Steps
- Written Notice (Section 910) - Send certified mail notice to builder describing all claimed defects
- Builder Acknowledgment (Section 913) - Builder has 14 days to acknowledge receipt
- Document Request (Section 912) - Builder may request relevant documents
- Inspection (Section 916) - Builder has 14 days after acknowledgment to complete inspection
- Offer to Repair (Section 917) - Builder has 30 days after inspection to make repair offer
- Homeowner Response - Accept repair offer or request mediation
💡 If Builder Fails to Respond
If the builder does not acknowledge your notice within 14 days, does not complete an inspection, or does not make a repair offer within the required timeframes, you may proceed directly to litigation. The builder waives its right to the pre-litigation process by failing to comply with the statutory deadlines.
🏗 Covered Defects Under SB 800
Civil Code Section 896 establishes specific construction standards. If your home fails to meet these standards, you may have a claim. Here are the major categories:
💧 Water Intrusion (10 Year Limitation)
▼Standard: Building must not allow unintended water to pass within the structure or exterior envelope.
- Roof leaks and flashing failures
- Window and door leaks
- Stucco and siding failures allowing water penetration
- Deck and balcony waterproofing failures
- Below-grade waterproofing failures
- Shower pan and bathroom waterproofing defects
🏗 Structural Defects (10 Year Limitation)
▼Standard: Structure must not contain any defect that impairs its intended load-bearing function.
- Foundation cracks and settlement
- Framing defects
- Load-bearing wall failures
- Roof framing defects
- Retaining wall failures
- Floor system defects
🌊 Soil & Drainage (10 Year Limitation)
▼Standard: Soils and grading must not cause damage to the structure.
- Expansive soil damage
- Improper grading causing drainage issues
- Landslide or earth movement
- Inadequate foundation for soil conditions
- Improper compaction
🔥 Fire Protection (4 Year Limitation)
▼Standard: Fire protection systems must be installed per code and function as intended.
- Missing or inadequate fire stops
- Fire sprinkler defects
- Fire-rated assembly failures
- Smoke detector issues
- Inadequate fire separation between units
💧 Plumbing (4 Year Limitation)
▼Standard: Plumbing systems must be installed per code and not leak or cause damage.
- Pipe leaks and failures
- Sewer line defects
- Water heater defects
- Fixture defects
- Water pressure issues
⚡ Electrical (4 Year Limitation)
▼Standard: Electrical systems must be installed per code and operate safely.
- Improper wiring
- Inadequate grounding
- Panel defects
- Outlet and switch problems
- GFCI issues
🌡 HVAC (4 Year Limitation)
▼Standard: HVAC systems must be properly designed, sized, and installed.
- Undersized or oversized equipment
- Ductwork defects
- Improper installation
- Inadequate ventilation
- Noise and vibration issues
🔒 Other Defects (Various Limitations)
▼Other covered defects include:
- Sealant failures (4 years)
- Paint and stain issues (5 years)
- Hardscape and flatwork (4 years)
- Landscape and irrigation (1-2 years)
- Dryer exhaust and exterior vents (2 years)
⚠ Statute of Repose - Absolute Deadline
Regardless of when you discover a defect, all SB 800 claims are barred 10 years from the date of substantial completion. This is an absolute deadline that cannot be extended. For defects with shorter limitation periods (e.g., 4 years for electrical), your claim is barred at the earlier of the specific period or 10 years from substantial completion.
📅 SB 800 Timeline
Here is the required sequence and timing for the SB 800 pre-litigation process:
Step 1: Homeowner Sends Written Notice
Send detailed written notice to builder via certified mail describing all known defects. Include photos, reports, and supporting documentation. Be thorough - you may not be able to add new defects later.
Step 2: Builder Acknowledges Notice
Builder must acknowledge receipt of notice within 14 days. If builder fails to acknowledge, homeowner may proceed with litigation after waiting period.
Step 3: Builder Requests Documents
Builder may request documents related to the claimed defects. Homeowner should provide relevant inspection reports, maintenance records, and other documentation.
Step 4: Builder Completes Inspection
Builder has 14 days after acknowledgment (or document receipt) to complete inspection of the property. Homeowner must provide reasonable access.
Step 5: Builder Makes Offer to Repair
Within 30 days after inspection, builder must make a written offer to repair the defects, including scope of work, timeline, and any monetary compensation offered.
Step 6: Homeowner Responds
Homeowner has 30 days to accept the repair offer, request mediation, or reject the offer. If mediation is requested, parties have 35 days to complete it.
💡 Total Timeline: Approximately 100-120 Days
From initial notice to completion of the pre-litigation process (including mediation) typically takes 100-120 days. If the builder fails to respond at any stage, the timeline shortens and you can proceed to litigation sooner.
🖩 Construction Defect 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
✅ Evidence Checklist
Gather these documents and evidence before sending your SB 800 notice. Thorough documentation strengthens your claim.
📄 Purchase Documents
- ✓ Purchase agreement and all addenda
- ✓ Builder warranty documents
- ✓ CC&Rs (for condos/HOA)
- ✓ Homeowner manual and specifications
🔍 Inspection Reports
- ✓ Professional inspection report documenting defects
- ✓ Specialized reports (structural engineer, waterproofing expert)
- ✓ Original walk-through punch list
- ✓ Any prior warranty inspection reports
📷 Photo/Video Documentation
- ✓ Photos of all defects (dated)
- ✓ Videos showing water intrusion or other active defects
- ✓ Before/after photos showing progression
- ✓ Photos showing repairs attempted
📈 Repair Estimates & Costs
- ✓ Written repair estimates from licensed contractors
- ✓ Invoices for any repairs already completed
- ✓ Insurance claim documentation
- ✓ Expert cost opinions if available
💬 Communication History
- ✓ Prior warranty claims and builder responses
- ✓ Emails and letters to/from builder
- ✓ Work orders and repair records
- ✓ Timeline/log of when defects were discovered
🛠 Maintenance Records
- ✓ Maintenance logs and records
- ✓ HVAC service records
- ✓ Roof maintenance documentation
- ✓ Evidence of proper homeowner maintenance
🔒 Preserve All Evidence
Do not make repairs that would destroy evidence of the defects before properly documenting them and allowing the builder to inspect. If emergency repairs are necessary, document thoroughly before, during, and after, and preserve any removed materials.
📝 Sample SB 800 Notice Letter
Use this template for your initial notice to the builder. Send via certified mail, return receipt requested.
[DATE]
[BUILDER NAME]
[BUILDER ADDRESS]
Re: Notice of Construction Defects Pursuant to California Civil Code Section 910
Property Address: [YOUR PROPERTY ADDRESS]
Dear [BUILDER NAME]:
Pursuant to California Civil Code Section 910 et seq. (the "Right to Repair Act" or "SB 800"), I am providing you with written notice of construction defects at the above-referenced property, which I purchased from you on [PURCHASE DATE].
The following construction defects exist at the property that fail to meet the standards set forth in California Civil Code Section 896:
1. Water Intrusion / Moisture Damage:
[Describe specific water intrusion issues - location, when discovered, symptoms observed, damage caused. Example: "Water intrusion through master bedroom window during rain events. First observed in October 2024. Water staining visible on interior drywall, and moisture readings indicate elevated levels in wall cavity."]
2. Structural Issues:
[Describe any foundation, framing, or structural issues. Example: "Cracking in foundation visible in garage and crawl space. Cracks range from 1/8" to 1/4" in width. Doors and windows are sticking and do not operate properly."]
3. Additional Defects:
[List all other defects with specific descriptions including location, symptoms, when discovered, and impact]
The defects described above violate the construction standards set forth in California Civil Code Section 896, including but not limited to:
- Section 896(a): Water intrusion standards
- Section 896(c): Structural standards
- Section 896(g): Plumbing and sewer standards
[Add other applicable sections]
DEMAND:
Pursuant to Civil Code Section 913, you have fourteen (14) days from receipt of this notice to acknowledge receipt in writing. Following acknowledgment, you have the right to inspect the property pursuant to Civil Code Section 916, and to make an offer to repair pursuant to Civil Code Section 917.
Please contact me at [PHONE] or [EMAIL] to schedule inspection access.
I reserve all rights under the Right to Repair Act, including the right to pursue litigation if the pre-litigation process is not completed in good faith or if a satisfactory resolution is not reached.
- Photographs documenting the defects
- Inspection report from [INSPECTOR NAME] dated [DATE]
- Repair estimates
[List other attachments]
Please direct all correspondence regarding this matter to:
[YOUR NAME]
[YOUR ADDRESS]
[YOUR PHONE]
[YOUR EMAIL]
Sincerely,
____________________________
[YOUR NAME]
Homeowner
💡 Alternative Claims & Exceptions
While SB 800 is the primary remedy for construction defect claims, there are situations where alternative claims may be available.
When Common Law Claims May Apply
⚠ Fraud/Intentional Misconduct
If the builder knowingly concealed defects or made fraudulent representations, you may have fraud claims outside SB 800.
🪐 Personal Injury
Claims for personal injury caused by defects (e.g., mold-related illness, injury from structural failure) are not limited to SB 800.
💰 Contract Breach
Express warranty claims under the purchase contract may provide additional remedies beyond SB 800.
🏠 Pre-2003 Construction
Homes built before January 1, 2003 are not subject to SB 800 and allow traditional common law claims.
Common Law Negligence Elements
If common law claims apply, you must prove:
- Duty - Builder owed you a duty of care in construction
- Breach - Builder failed to meet the standard of care
- Causation - The breach caused your damages
- Damages - You suffered actual harm
💡 Statute of Limitations for Common Law Claims
- Negligence: 3 years from discovery (CCP 338(b))
- Breach of Contract: 4 years written / 2 years oral (CCP 337, 339)
- Fraud: 3 years from discovery (CCP 338(d))
- Patent Defect: 4 years from completion (CCP 337.1)
- Latent Defect: 10 years from completion (CCP 337.15)
Need Legal Help with Your Construction Defect Claim?
SB 800 cases can be complex. Get a 30-minute strategy call with an attorney experienced in California construction defect law.
Book Consultation - $125California Resources
- Contractors State License Board: cslb.ca.gov - Verify contractor licenses, file complaints
- CSLB Public Line: 1-800-321-2752
- California Civil Code 895-945.5: leginfo.legislature.ca.gov - Full text of SB 800
- Local Building Department: Request permit history and inspection records
- State Bar Lawyer Referral: calbar.ca.gov