Contracts & ExecutionQuestion 653 of 1632

Under California's Right to Repair Act (Civil Code §895 et seq., enacted by SB 800), what is the general statute of limitations for a homeowner to bring a construction defect claim against the builder for a function/use defect not otherwise specified?

a.Four years for patent defects and ten years for latent defects, under CCP §337.15
b.One year from close of escrow, the period for the fit-and-finish warranty
c.Three years from discovery of the defect, under the general tort statute
d.Ten years from substantial completion, with shorter periods for some defects

Explanation

Civil Code §941(a) sets the outside limit for a Right to Repair Act claim at 10 years after substantial completion. Inside that window §896 gives many defect types their own shorter period — 4 years for plumbing and sewer, 5 years for paint and stains, 1 year for landscaping and irrigation, 2 years for noise transmission — so the answer is layered, not a single number. (a) is the PRE-SB 800 framework of Code of Civil Procedure §337.15, which still governs projects outside the Act but is not the §896 scheme this question asks about. (b) confuses the limitations period with the separate one-year express fit-and-finish warranty a builder must give under Civil Code §900. (c) applies the general three-year discovery rule for injury to real property (CCP §338(b)), which SB 800 displaced for covered residential construction.

Law Reference: Civil Code §896, §941; cf. Civil Code §900, Code Civ. Proc. §337.15, §338(b)

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