Contracts & ExecutionQuestion 180 of 1632

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

a.File a complaint with the CSLB and wait out its investigation
b.Obtain a licensed engineer's report identifying each claimed defect
c.Wait out the ten-year limit measured from substantial completion
d.Serve the builder written notice of the claim and allow inspection

Explanation

Civil Code §910 opens a prelitigation process: the claimant serves written notice - certified mail, overnight mail or personal delivery - describing the claimed violation in reasonable detail, and the builder may then inspect and offer to repair before suit. A CSLB complaint is licence discipline and does not satisfy §910. No engineer's report is a precondition; §910 asks for notice of the claim, not proof of it. The ten years in Civil Code §941 is the outside deadline for filing, not a period to wait out.

Law Reference: Civil Code §910; §941

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Reviewed by Abraham Chen — Licensed California General Contractor (CSLB License #1101856 — verify)
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