How does a construction defect claim work in California?

For new homes sold on or after January 1, 2003, the Right to Repair Act controls: the homeowner serves a written notice of claim (Civil Code section 910), the builder may inspect and offer repairs on statutory timelines, and suit follows only if the process fails. Older and commercial projects proceed on contract and negligence theories.

The path depends on the project. For new California homes sold on or after January 1, 2003, the Right to Repair Act (Civil Code section 895 et seq.) sets both the building standards and the mandatory pre-litigation process: the homeowner serves a written notice of claim describing the violations (section 910), and the builder then has statutory windows to acknowledge, inspect, and elect to repair or settle. If the builder fails to respond or perform on time, the homeowner may proceed directly to court; otherwise unresolved claims go to litigation afterward. The California Supreme Court held in McMillin Albany v. Superior Court (2018) 4 Cal.5th 241 that the Act is the exclusive remedy for most covered new-home defect claims, so skipping the notice invites a stay. Older homes, remodels, and commercial projects instead proceed on contract, warranty, and negligence theories, subject to the four-year patent and ten-year latent defect deadlines (Code of Civil Procedure sections 337.1, 337.15). Document defects with photographs and expert inspection early.

Authority: Cal. Civ. Code § 910