Contracts & ExecutionQuestion 654 of 690
Under the SB 800 Right to Repair Act, before a homeowner may file a construction defect lawsuit, they must generally:
a.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
b.Obtain a formal opinion letter from the CSLB Registrar
c.Wait until the 10-year statute of repose has run
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.
Law Reference: Civil Code §910Practice all 690 questions free — no signup required.
Related questions on this topic
- Bus. & Prof. Code §7159 requires home improvement contracts to include the approximate dates when work will begin and when it will be substantially complete. If the contractor fails to commence the work within a reasonable time from the agreed start date, the consumer's primary remedy is to:
- A residential remodel contract for $80,000 includes a binding arbitration clause and, in addition, a separate mandatory mediation clause. Under Bus. & Prof. Code §7191, what is required for the MEDIATION clause specifically (as distinct from arbitration)?
- 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?
- On a residential remodel, the homeowner verbally asks the contractor to upgrade tile from $4/sf to $9/sf mid-project. The contractor proceeds without paperwork and later bills the extra $1,800. Under Bus. & Prof. Code §7159, the contractor is most likely:
- Bus. & Prof. Code §7159.5 limits progress payments on a home improvement contract such that, at any given time during the project, the amount paid by the owner may not exceed:
- A contractor solicits a home improvement contract at the homeowner's residence following a door-to-door knock. Under Civil Code §1689.7 (the Home Solicitation Sales Act), the homeowner generally has the right to cancel the contract:
Last reviewed: · editorial process
PrepPass Editorial Team · Verified against California CSLB Contractor License Law & Business Exam · How we review