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California law

Construction Defect Laws in California.

California construction-defect litigation is driven by a statutory framework in the Right to Repair Act (Civil Code §§ 895 et seq.) for original-construction residential defects, alongside common-law negligence, breach-of-contract, and breach-of-warranty claims. California also applies a 10-year statute of repose for latent construction defects and a 4-year repose period for patent defects.

Last verified: 2026-04-17

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State law

Statute of Limitations

3 years (tort) / 4 years (written contract); 10-year latent reposeCal. Code Civ. Proc. §§ 337.1, 337.15, 338, 337

California construction-defect claims depend on the theory. Tort claims generally follow a 3-year period; written-contract claims follow a 4-year period; California applies a 10-year statute of repose for latent construction defects and a 4-year repose for patent defects.

State law

Key California Statutes

Right to Repair Act (SB 800)Cal. Civ. Code §§ 895 et seq.

The Right to Repair Act sets substantive standards and mandatory pre-litigation procedures for residential construction-defect claims involving original construction sold after January 1, 2003.

Statute of Repose — Latent DefectsCal. Code Civ. Proc. § 337.15

California applies a 10-year statute of repose for actions alleging latent deficiencies in the design, construction, or development of improvements to real property.

State law

Official Sources

Not Legal Advice

This page summarizes publicly available statutes and rules for informational purposes only. It does not constitute legal advice, and no attorney-client relationship is created by viewing this content. Laws change — always verify with the primary source or consult a licensed attorney in California.

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