Contracts & ExecutionQuestion 654 of 1605
Under the SB 800 Right to Repair Act, before a homeowner may file a construction defect lawsuit, they must generally:
a.Obtain a formal opinion letter from the CSLB Registrar
b.Wait until the 10-year statute of repose has run
c.Serve the builder with written notice of the claimed violation of the §896 building standards and afford the builder an opportunity to inspect and repair under the §910–§938 pre-litigation procedures
d.File a Department of Real Estate complaint first
Explanation
Civil Code §910 requires the homeowner to provide written notice to the builder describing the claim in reasonable detail, after which the builder has §916 inspection rights (initial inspection within 14 days, second inspection within 40 days) and may make a §917 repair offer. Failure to follow these pre-litigation procedures generally bars suit or stays it under §930. The CSLB Registrar does not issue defect opinion letters as a precondition. Waiting for the §941 statute of repose would defeat the claim, not enable it. The DRE regulates real estate licensees, not builders.
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Reviewed by Abraham Chen — Licensed California General Contractor (CSLB License #1101856 — verify)