What are the Statute of Limitations in California for Construction Defects?

What are the Statute of Limitations in California for Construction Defects?

At The Naumann Law Firm, we get questions from clients unsure if issues they have are covered under the Statute of Limitations. Below, we have illustrated the most common defects and what their deadline is for filing a construction defect suit. Deadlines or “clocks” start at different times for homeowners and homeowners associations. Please note this is a basic look at these highly complex laws. As always, please contact our office with any questions or concerns!

• *Homeowners – for issues/defects under one year, two-year, four-year, or five-year statute, clock starts at close of escrow date.
• *Homeowners Associations – for issues/defects under one year, two-year, four-year, or five-year statute clock starts once majority Board control is turned over from developer to the homeowners.
• **Homeowners & Homeowners Associations – for issues/defects under the heading for the ten-year statute, clock starts from “substantial completion”.

“Substantial completion” is when a developer completes a project and/or they file a Notice of Completion (NOC) with the City or County Recorder. For a homeowner or association to start a claim, written notice must be sent by certified mail to the builder within the specified time limitations.

STATUTES OF LIMITATIONS

• *One Year
  • Noise transmission
  • Manufactured products (not otherwise covered by previous warranty)
  • Fit and finish items
  • Certain irrigation and drainage systems
• *Two Years
  • Dryer duct installation
  • Wood fences and posts
  • Certain landscape systems
• *Four Years
  • Plumbing/sewer (operational fixtures)
  • Electrical and mechanical defects
  • Pathways (cracks or vertical displacement)
  • Steel fences
• *Five Years
  • Paint or stain deterioration on building surfaces
• **Ten Years
  • All other defects or violations of building standards
  • Air conditioning systems
  • Balconies
  • Decks
  • Doors
  • Ceramic tile, tile backing and tile countertops
  • Exterior stairs
  • Exterior stucco, siding, walls, framing, finishes
  • Foundations, load bearing components, slabs, and underlying soils
  • Hardscape, paths, patios, irrigation systems, landscape systems, and drainage systems
  • Heating systems
  • Plumbing, sewer, and utility lines
  • Retaining and site walls, associated drainage systems
  • Roofs, roofing systems, chimney caps and ventilation
  • Shower and bath enclosures
  • Soils and engineered retaining walls
  • Structures
  • Windows, patio doors, deck doors, and related systems

The Naumann Law Firm represents homeowners associations, high/mid-rise condominium associations, single and multifamily residential property owners and commercial property owners in construction defect litigation.  The Naumann Law Firm has over 35 years of experience handling significant construction cases with complex issues. Call us to set up a consultation.

If you have any questions regarding home inspections or construction defect litigation, contact us at 844-492-7474 or visit our San Diego construction defect contact page.

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