Contracts & ExecutionQuestion 180 of 690

Under SB 800, before a homeowner may file a construction defect lawsuit against the builder, the homeowner generally must first:

a.Sell the home to a new owner
b.Obtain a new building permit
c.Wait ten years after close of escrow
d.Give the builder written notice of the claimed defect and an opportunity to inspect and repair

Explanation

SB 800 establishes a prelitigation process: the homeowner must notify the builder of the claimed violation, and the builder has the right to inspect and offer to repair before a lawsuit may proceed.

Law Reference: Civil Code §910

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