1-310-788-9089

What are the statutes of limitations for Construction Defects?


Contact Us



1925 Century Park East, Suite 1990
Los Angeles, CA 90067

Telephone: 1-310-788-9089

  • Construction Defect Statutes of Limitations vary based upon the defect and other factors including “right to repair” notice to the contractor or developer.  See Civil Code 895-945.5. 

 

  • The Right To Repair Act has several components.  It was intended to minimize the costs, risks and delays of construction defect litigation.

 

  • Civil Code §§ 910-938 provides for a pre-litigation, non-adversarial, private procedure that is a pre-condition to litigation for violations of the Standards for Residential Construction set forth in Civil Code § 896.
  •  
    • The Builder or Developer must give homebuyers notice of these procedures and rights in their sale and title documents, or the Builder waives the right to enforce these procedures or stay litigation pending the Right to Repair non-adversarial pre-litigation procedures.
    •  
    • However, even if the Builder fails to provide the buyer notice of the Right to Repair Act with the sale of the home, the Statutes of Limitations and other exceptions to the Economic Loss Rule in SB 800 still apply to buyers.  It is important to retain a lawyer who understands these issues.

 

  • Construction Defect statutes of limitations also begin upon close of escrow.  However, sometimes it’s the original purchasers’ “original escrow”.  For example:

 

  • - The Five Year Statute of Limitations applies to failure of paints or stains within five years of the close of escrow.
  •  
  • - The Four Year Statute of Limitations applies to claims for plumbing, sewer or electrical building standards within four years of the close of escrow.
  •  
  • - The Four Year Statute of Limitations applies to claims for “significant” or “excessive” displacement in exterior hardscape within four years of the close of the original escrow.
  •  
  • - The Four Year Statute of Limitations applies to claims for corrosion of untreated steel frames and components within four years of the close of the original escrow.
  •  
  • - The Two Year Statute of Limitations applies for failure to properly install dryer ducts within two years of the close the original escrow.
  •  
  • - The Two Year Statute of Limitations applies to failure of a landscape system to survive for one year from the close of the original escrow.
  •  
  • - The Two Year Statute of Limitations applies to claims for decay of untreated wooden posts within two years of the close of original escrow.
  •  
  • - The One Year Statute of Limitations applies to failure of irrigation and drainage systems within one year of the close of the original escrow.
  •  
  • - The One Year Statute of Limitations applies to breach of inter-unit noise standards within one year of the original occupancy of an adjacent unit.
  •  
  • - It is important to hire a lawyer experienced in these areas because all laws cannot be read in a vacuum.  For example, the 5 or 10 year statutes of limitations, may shorten to three (fraud) or four year (breach of contract) if there is another wrongful act or breach. 

Contact Simkin and Associates

Call us at 1 -310-788-9089 or fill out the form below to arrange for a confidential initial consultation.