What is California's SB 800 Right to Repair law?

SB 800 (Civil Code 895-945.5) establishes pre-litigation procedures for residential construction defect claims. Before suing, homeowners must give builders written notice and an opportunity to inspect and offer repairs. It also sets specific standards for various construction components and their expected performance. The law applies to homes sold new on or after January 1, 2003.

What is the statute of limitations for construction defects in California?

California has multiple limitation periods depending on the defect type. Under SB 800: 1 year for fit and finish, 2 years for plumbing/electrical/mechanical, 4 years for most other defects, and 10 years for structural defects. The general statute of repose is 10 years from substantial completion under CCP 337.15. These deadlines are strict, so prompt action is essential.

What types of defects can I claim?

Common construction defects include: foundation cracks or settlement, water intrusion, roof leaks, stucco failures, window/door leaks, plumbing problems, electrical issues, HVAC failures, grading and drainage problems, balcony/deck failures, and structural deficiencies. SB 800 establishes specific performance standards for each building component.

Do I need a lawyer for construction defect claims?

For significant defects, yes. Construction defect cases are complex, involving engineering experts, SB 800 procedures, and negotiations with well-funded builders and their insurance companies. Many construction defect attorneys work on contingency. For minor issues under $10,000, you may be able to pursue small claims court or the CSLB complaint process.

Do I Need a Lawyer for Construction Defects?

California SB 800 Right to Repair Assessment

What type of construction defect are you experiencing?

Structural issues (foundation cracks, settling, load-bearing problems)

Water intrusion (roof leaks, window leaks, stucco failure)

Plumbing, electrical, or HVAC problems

Cosmetic or finish issues (paint, flooring, trim)

What is the estimated cost to repair the defects?

Under $10,000

$10,000 - $50,000

$50,000 - $150,000

Over $150,000

When was your home built or purchased new?

Within the last 1-2 years

2-5 years ago

5-10 years ago

Over 10 years ago (may be time-barred)

Have you contacted the builder about the defects?

Not yet

Yes, and they offered to repair but haven't completed

Yes, but they deny responsibility or ignore me

Yes, they made repairs but problems persist

Is this a single-family home or part of a HOA/condo complex?

Single-family home (I'm the only owner affected)

Townhome/condo with shared walls or common areas

Large condo/HOA development (many owners affected)

Custom-built home (not tract development)

What is your primary goal?

Just want the defects repaired

Want repairs plus compensation for inconvenience

Need full repair costs since builder won't cooperate

Defects are severe - considering all legal options

✅

You May Be Able to Handle This Yourself

For minor defects or when the builder is cooperative, you may be able to resolve this without a lawyer. Start by documenting everything and sending a formal SB 800 notice. CSLB complaints can also be effective for licensed contractor issues.

File CSLB Complaint Contractor Demand Letter

⚖

Legal Representation Strongly Recommended

Your construction defect situation has significant complexity and value that warrants legal representation. Construction defect attorneys typically work on contingency and have access to necessary engineering experts. Don't wait - statutes of limitation can bar your claim.

Find Construction Lawyer Document Issues First

⚠

Consider Legal Consultation

Your situation has factors that could benefit from professional evaluation. Many construction defect attorneys work on contingency to assess your claim's value and viability. Given the technical nature of these cases, expert input can be valuable.

Get Consultation Create Demand Letter

Construction Defects in California: Your Legal Rights

California has comprehensive laws protecting homeowners from construction defects. SB 800 (the "Right to Repair" law) establishes procedures and standards for new home construction defect claims, while common law remedies exist for all property types.

Time is Critical: California construction defect claims have strict deadlines. Miss your statute of limitations and you lose your rights forever. For structural defects, you have up to 10 years; for most other defects, 4 years; for some systems, only 1-2 years.

SB 800 Statute of Limitations

Defect Type	Time Limit
Structural defects (load-bearing, foundation)	10 years
Water intrusion, roof, exterior	4 years
Fire protection systems	4 years
Plumbing and sewer systems	4 years
Electrical systems	4 years
Mechanical (HVAC)	2 years
Fit and finish (cosmetic)	1 year

Common Types of Construction Defects

Foundation Issues: Cracking, settling, improper drainage
Water Intrusion: Roof leaks, window/door leaks, stucco failure, flashing defects
Structural Problems: Inadequate framing, load-bearing failures
Exterior Issues: Siding failures, balcony/deck problems, retaining walls
Plumbing Defects: Leaks, inadequate pressure, polybutylene piping
Electrical Defects: Code violations, improper wiring, fire hazards
HVAC Problems: Inadequate capacity, improper installation
Grading/Drainage: Water pooling, erosion, slope failure

SB 800 Pre-Litigation Process (Required for Homes Sold New After 1/1/2003)

Written Notice: Homeowner sends detailed notice to builder describing defects
Builder Response: Builder has 14 days to acknowledge receipt
Inspection: Builder has 14 days to request inspection (must occur within 14 more days)
Repair Offer: Builder has 30 days after inspection to offer repairs
Homeowner Decision: 30 days to accept or reject repair offer
If Rejected: Mediation before litigation

Why Use the SB 800 Process: Following SB 800 procedures protects your rights and often leads to faster resolution. Skipping it can result in your lawsuit being dismissed. However, you can preserve your rights while still consulting an attorney.

When to Hire a Construction Defect Lawyer

Situation	DIY Approach	Hire Lawyer
Cosmetic defects under $10K	CSLB complaint, small claims	If builder uncooperative
Water intrusion	Document, send notice	Usually recommended
Structural defects	Not recommended	Essential
Multi-unit/HOA claims	Not possible	Required
Builder denies responsibility	High risk	Strongly advised
Approaching statute of limitations	Too risky	Immediately

Damages You May Recover

Cost of repair or diminution in value
Cost of temporary housing during repairs
Loss of use damages
Expert and investigation costs
Attorney's fees (under some circumstances)
Emotional distress (in some cases)

CSLB Complaints for Licensed Contractors

The Contractors State License Board (CSLB) can help when:

Contractor is licensed but performed substandard work
Claims under $30,000 (CSLB arbitration available)
You want to affect the contractor's license status
Contractor abandoned the project or committed fraud

Helpful Resources

Related Demand Letter Generators

Quick Legal Tools

Free calculators to help with your case:

📅