Contracts & ExecutionQuestion 653 of 690
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.1 year from substantial completion
b.3 years from discovery of the defect
c.4 years for patent defects and 10 years for latent defects, applying the old Code of Civil Procedure §337.15 framework only
d.10 years from substantial completion (the overall outside limit), with shorter periods for specific defect categories listed in Civil Code §896 (e.g., 4 years for plumbing/sewer, 5 years for paint/stains, 1 year for irrigation)
Explanation
Civil Code §941 sets a 10-year statute of repose from substantial completion as the outside limit for SB 800 actions, but Civil Code §896 lists category-specific limitation periods that may be shorter — for example, 4 years for plumbing/drainage, 5 years for paint and stains, 1 year for irrigation/landscaping, 2 years for noise transmission. Option C describes the OLD pre-SB 800 framework that still applies to projects not covered by SB 800. The 1-year and 3-year flat options ignore the layered category-by-category scheme of §896, which is the core of the Right to Repair Act.
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