A construction defect attorney handles disputes over flaws in how a building was designed or built, from water intrusion and cracked foundations to soil movement and failing roofs. VK Law represents both sides of these disputes across California: homeowners and property owners pursuing claims, and the developers, contractors, and subcontractors defending them.
This page explains what counts as a defect, the process California requires for newer homes, and the deadlines that decide whether a claim survives. For a free consultation, call 877-780-4727.
How Long Do I Have to Bring a Construction Defect Claim in California?
It depends on the defect. Outside the Right to Repair Act, Code of Civil Procedure section 337.1 gives four years for a patent defect — one apparent by reasonable inspection — and section 337.15 gives ten years from substantial completion for a latent one. For homes sold on or after January 1, 2003, the Right to Repair Act sets component-specific periods running from close of escrow, and Civil Code section 941(a) supplies a default of ten years from notice of completion where no specific period applies.
Key Takeaways
- A construction defect can be a design error, bad materials, poor workmanship, or a soil problem, and it may not show up for years.
- For newer homes, the Right to Repair Act sets building standards and requires notice to the builder, with a chance to repair, before most lawsuits.
- Section 337.15 is a statute of repose: ten years from substantial completion, regardless of when a latent defect is discovered.
- Component-specific periods under the Act can be as short as one year from close of escrow.
- VK Law represents both property owners and builders, in residential and commercial disputes.
What Counts as a Construction Defect
A construction defect is a flaw in the design, materials, or construction of a building, or in the land it sits on, that causes damage or keeps part of the property from performing the way it should. Common examples include water leaks around windows, roofs, and decks; foundation cracking or settling; soil movement, stucco and siding failures; plumbing and electrical problems; and heating and cooling systems that never work right.
California law separates defects into two groups, and the difference controls your deadline:
- Patent defects are ones apparent by reasonable inspection — you can see them or find them by looking.
- Latent defects are hidden, such as a failed waterproofing membrane or an undersized structural member, and often surface years after construction.
California’s Right to Repair Act
For newly built homes sold on or after January 1, 2003, defect claims are governed by the Right to Repair Act, Civil Code sections 895 through 945.5. The Act sets specific building standards — water intrusion, structural components, soil, electrical, plumbing, and more — and a home that violates them can support a claim even before the defect causes damage. The standards are set out in Civil Code section 896.
The Act also sets out a mandatory process. Before filing most lawsuits, the homeowner must send the builder written notice describing each claimed violation in reasonable detail, by certified mail, overnight delivery, or personal delivery, under the pre-litigation procedure in Civil Code sections 910 through 938. The builder then has the opportunity to inspect and offer to repair. Skipping the process can stall or sink a claim, and mishandling it on the builder side can forfeit the right to repair, so both sides need to take the procedure seriously.
Deadlines for Construction Defect Claims
Outside the Right to Repair Act
| Type of defect | General period | Source |
| Patent — apparent by reasonable inspection | Four years from substantial completion of the improvement | Code Civ. Proc., § 337.1 |
| Latent — not apparent by reasonable inspection | Ten years from substantial completion, regardless of when discovered | Code Civ. Proc., § 337.15 |
Section 337.15 operates as a statute of repose, meaning it is an absolute outer bar. A latent defect discovered in the eleventh year after substantial completion is generally barred even though nobody could have found it sooner.
Section 337.1 carries a narrow extension worth knowing: where a patent deficiency causes injury to person or property during the fourth year after substantial completion, a tort action may be brought within one year of that injury — but in no event more than five years after substantial completion.
Under the Right to Repair Act
For covered homes, the Act sets periods tied to particular components, generally running from close of escrow. In broad terms:
| Component | General period |
| Fit and finish items such as cabinets, mirrors, countertops, and interior finishes | One year |
| Irrigation and drainage affecting external improvements | One year |
| Plumbing and sewer systems | Four years |
| Electrical systems | Four years |
| Paint and stain finishes | Five years |
| Anything with no specific period stated | Ten years from notice of completion, under Civil Code section 941(a) |
These are outside limits, not targets. Evidence degrades quickly — project files, subcontractor records, expert access to the property — and the shortest periods apply to exactly the finish items a homeowner notices first. If you suspect a defect, the practical deadline is much earlier than the legal one.
Commercial and Multi-Unit Projects
The Right to Repair Act covers new individual dwelling units. Commercial buildings, and many mixed-use and older residential projects, are litigated instead under contract, warranty, and negligence principles: the terms of the construction contract and the conduct of each party matter enormously.
These cases commonly involve several parties at once — the owner, the developer, the general contractor, subcontractors, architects, engineers, and product manufacturers, each with its own insurer.
What You Can Recover
For claims under the Right to Repair Act, Civil Code section 944 sets out the recoverable damages: the reasonable value of repairing the violation, the cost of repairing damage caused by the defect or by repair efforts, relocation and storage expenses while repairs are done, lost business income if the home housed a business, reasonable investigation costs for each established violation, and other costs a contract or statute allows.
Outside the Act, recovery is framed by the contract, warranty, and negligence theories in play. Every case turns on its own facts and evidence, and no result is certain.
How a Defect Case Actually Proceeds
These cases are won by investigation, not adjectives. The typical arc: document the defects and the harm; bring in the right consultants for waterproofing, structural, geotechnical, or cost-of-repair opinions to establish what failed and what fixing it costs; run the statutory notice-and-repair process where it applies; then negotiate against the insurance picture.
Builders and contractors typically tender claims to their liability carriers and pass them down the subcontract chain through indemnity provisions, which means settlement is usually a multi-party, multi-policy negotiation. Cases that do not settle in mediation get tried on the expert record built at the start.
For Builders and Contractors: The Defense Side
On the defence side, the early moves matter just as much: enforcing the claimant’s compliance with the pre-litigation process, exercising the right to inspect and offer repair, tendering the claim to carriers promptly, pulling subcontractors into the case, and testing every claim against the statutes of limitation and repose. A defect claim handled well in its first ninety days is routinely worth a fraction of one ignored.
Construction Defect Claims in San Mateo and on the Peninsula
Our office at 15 North Ellsworth Avenue, Suite 105, San Mateo, CA 94401 works with owners, associations, and builders across the Peninsula. Civil matters for this county are generally heard in the San Mateo County Superior Court.
Two local conditions shape these claims. Hillside and bay-margin soils mean settlement, drainage, and retaining structure failures appear more often here than the statewide mix would suggest — and those are latent defects, which puts them on the ten-year clock rather than the four-year one. And the Peninsula’s building stock skews older, so a great many properties fall outside the Right to Repair Act entirely and are litigated on contract, warranty, and negligence theories instead. Establishing which framework applies is the first substantive step in almost every matter.
Details about the office are on our San Mateo page.
How We Help
We evaluate the property and the project records, identify which standards and deadlines apply, handle the Right to Repair Act process correctly from either side, work with construction experts where the case calls for them, and pursue or defend the claim through settlement or trial. If you are buying or selling property with known defects in play, our real estate purchase and sale team coordinates on disclosure questions.
Construction defect work is part of our broader California real estate practice and our California civil litigation practice.
To talk with VK Law about a construction defect, call 877-780-4727. The consultation is free.
This page provides general information about California law and is not legal advice; reading it or contacting the firm does not create an attorney-client relationship. Statutory periods and standards are amended from time to time and should be confirmed against current text for your property. Every case is different, and prior results do not guarantee a similar outcome.
Reviewed by Alan D. Khalfin, Partner and Managing Attorney, Vaksman Khalfin, PC (admitted in California). Last reviewed: 08/28/2026
Frequently Asked Questions
A flaw in the design, materials, or construction of a building, or in the land it sits on, that causes damage or keeps part of the property from performing as it should. Common examples include water intrusion at windows, roofs, and decks; foundation cracking or settlement; soil movement; stucco and siding failures; and plumbing, electrical, or HVAC problems.
Outside the Right to Repair Act, four years for a patent defect under Code of Civil Procedure section 337.1 and ten years from substantial completion for a latent one under section 337.15. For homes sold on or after January 1, 2003, the Act sets component-specific periods running from close of escrow, with a default of ten years from notice of completion under Civil Code section 941(a) where no specific period applies.
A patent defect is apparent by reasonable inspection — visible cracking, a misaligned frame, obviously poor installation. A latent defect is hidden, such as a failed waterproofing membrane or an undersized structural member, and often surfaces years later. The distinction decides which deadline applies, and it is frequently contested.
Civil Code sections 895 through 945.5, also known as SB 800. It applies to new residential construction sold on or after January 1, 2003, sets specific performance standards at section 896, and requires a pre-litigation notice and repair process at sections 910 through 938 before most lawsuits.
Under the Act, the builder has the right to inspect and to offer repair after receiving proper notice. Skipping the process can stall or sink a claim. The offer does not have to be accepted uncritically — what matters is that the procedure is followed and the response is documented.
No. The Act covers new individual dwelling units. Commercial buildings, and many mixed-use and older residential projects, are litigated under contract, warranty, and negligence principles instead, where the construction contract and each party's conduct carry the weight.
Yes. Section 337.15 is a statute of repose, which functions as an absolute outer bar. A latent defect discovered in the eleventh year after substantial completion is generally barred even though it could not reasonably have been found sooner.
For claims under the Act, Civil Code section 944 sets out the reasonable value of repairing the violation, the cost of repairing damage caused by the defect or by repair efforts, relocation and storage expenses, lost business income where the home housed a business, reasonable investigation costs for each established violation, and other costs allowed by contract or statute.
Builders and contractors typically tender defect claims to their liability carriers and pass them down the subcontract chain through indemnity provisions. Whether and how much a policy responds depends on its terms and the nature of the damage, which is why settlement in these cases is usually a multi-party, multi-policy negotiation.
Both, though never on both sides of the same matter. Working both sides means we know how the opposing case is built, which is useful in negotiation and at trial.
