Contracts & ExecutionQuestion 654 of 1632

Under the SB 800 Right to Repair Act, before a homeowner may file a construction defect lawsuit, they must generally:

a.Obtain a written opinion from the CSLB registrar identifying the building standard violated
b.Wait out the ten-year statute of repose set by Civil Code §941
c.Serve the builder written notice of the claim and allow inspection and repair
d.File a complaint with the Department of Real Estate against the builder first

Explanation

Civil Code §910 requires the homeowner to give the builder written notice describing the claimed violation of the §896 standards in reasonable detail. The builder then has inspection rights under §916 (initial inspection within 14 days of acknowledgment, a second inspection within 40 days) and may make a repair offer under §917; skipping the §910-§938 procedure generally bars or stays the suit under §930. (a) invents a Registrar function — CSLB investigates complaints and disciplines licensees, it does not issue defect opinion letters as a precondition to suit. (b) inverts the statute of repose: §941's ten years is the OUTSIDE limit, so waiting for it to run destroys the claim rather than ripening it. (d) sends the owner to the wrong agency; the Department of Real Estate regulates real estate licensees, not builders or contractors.

Law Reference: Civil Code §910, §916, §917, §930; cf. §941

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