Contracts & ExecutionQuestion 545 of 1632

A new single-family home built in 2022 develops water intrusion at exterior windows in 2025. Under Civil Code §896 (SB 800 / Right to Repair Act), the homeowner's PRIMARY remedy is:

a.File suit at once for breach of contract and for negligence
b.Record a mechanics lien against the home for the repair cost
c.Report the builder to the CSLB and await its investigation
d.Serve a written claim notice and allow the statutory repair process

Explanation

Civil Code §896 sets out the standards the Right to Repair Act covers, and the prelitigation chapter at §910 et seq. makes the homeowner serve written notice of the claim on the builder and let the statutory inspection and repair process run before filing. Suing immediately is barred while that process is available. A mechanics lien is the remedy of a person who furnished work or materials under Civil Code §8400, not of a homeowner with a defect. And a CSLB complaint is licence discipline: it neither starts nor satisfies the §910 process.

Law Reference: Civil Code §896; §910 et seq.; §8400

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