California Construction Defect Statute of Limitations 2024

California property owners dealing with construction defects can face serious financial repercussions due to the need for expensive repairs or rehabilitation and the threat to their property’s value and safety. In the state, property owners have a limited amount of time to take action after they have discovered a construction defect, which is known as the California construction defect statute of limitations.

By understanding the limited amount of time they have to file a compensation claim, property owners in California can work to protect their right to pursue compensation for subsequent damages based on defect types and exceptions under the law.

A Brief Summary of Construction Defects

A construction defect is a flaw or lack of quality workmanship, design, material selection, or construction of a structure that leads to failure or damage. While some construction defects can be minor, such as a botched paint job, others can be more serious, like structural failure.

Construction defects commonly seen in California include leaks, water intrusion, foundational problems, structural issues, plumbing issues, electrical challenges, and problems associated with grading or soil. In the legal context, construction defects are usually categorized as latent defects or patent defects, each with its own statute of limitations.

Patent defects are more obvious construction defects that become immediately apparent after a building has been reasonably inspected and include details such as subpar finishes, cracks in flooring, and leaking. Latent defects, on the other hand, may not be brought to light until a long time after construction has been finished. Examples of latent defects include issues with the foundation or structure of the building.

Statute of Limitations for Patent v. Latent Construction Defects

In California, the statute of limitations is generally defined as starting on the date that a property was substantially completed. This means that the statute of limitations starts on the day that a property becomes functional enough to be used for its final desired purpose. For latent defects, however, the statute of limitations could start after the discovery of the defect or when the defect should have been reasonably discovered.

As of 2024, the statute of limitations for bringing forward a legal claim for compensation for a patent defect is four years from the day the building was substantially completed or the day the defect should have been found based on a reasonable inspection of the property. The statute of limitations for a latent defect is significantly longer: ten years. If the defect is not found until ten years after completion, a claim is unlikely to be heard.

California statute of limitations laws allow property owners a reasonable amount of time to discover defects or construction failures and pursue compensation subsequently. They also provide a legal framework that ensures construction companies and other entities cannot be held indefinitely liable.

Exceptions and Extensions to the Standard Statute of Limitations

Even if you believe that the statute of limitations for your construction defect has passed and you are no longer eligible to file a claim, it is important to work with a skilled construction defect lawyer. They can help determine whether one of the many exceptions or extensions applies to your case and can help you navigate the claims process.

If a contractor, subcontractor, or builder hides the construction defect or engages in fraudulent activities to conceal the problem, the standard statute of limitations could be extended. Furthermore, if a warranty agreement is established between the builder or contractor and the property owner that is longer than the standard statute of limitations, the property owner may still be able to file a claim.

Cases involving personal injury, property damage, and governmental entities can also have different time limitations, necessitating consultation with an experienced attorney.

FAQs

What Is the California Construction Defect Statute of Limitations?

In California, the statute of limitations for a construction defect is the amount of time that a property owner or other party can file a legal claim for a construction defect. The statute of limitations in this state for these kinds of defects is dependent on various factors, such as whether the defect is patent or latent, as well as the case details. An experienced attorney can help you understand the specific statute of limitations for your construction defect case.

What Is the Difference Between California Patent and Latent Defects?

In California and the United States, patent defects are those that are noticeable or obvious after a property is reasonably inspected, such as water damage, substandard workmanship, or cracks in walls or floors. Latent defects are less visible defects that slowly become noticeable over time. Examples of latent defects include hidden water damage and foundations made with poor materials that cannot maintain the weight of the building over time.

Are There Exceptions to The Statute of Limitations for CA Construction Defects?

In California, there are specific exceptions to the statute of limitations for construction defects, such as whether the builder or contractor tried to hide a defect on purpose, as well as if the construction contract had an included warranty that was longer than the statute of limitations established under California law. To understand whether there are exceptions for your case, it’s important to consult with a knowledgeable attorney.

What Types of Defects Can Be Covered Under California Construction Defect Laws?

In California, the types of defects that can be covered include plumbing and electrical defects, roofing defects, structural defects, issues with grading and soil preparation, and water damage caused by poor workmanship. As these types of construction defects can seriously devalue a property over time, it is important for affected parties to pursue compensation through a legal claim.

Receive Compensation for Your California Construction Defect

If you are a property owner or another party who has lost significant financial assets due to an immediately noticeable construction defect or issue that has become apparent over time, you may be entitled to compensation for your losses. A skilled construction defect attorney from Engels-Janzen can help you hold liable parties, such as contractors and subcontractors, accountable for their negligence. Contact us today so we can start designing your legal strategy.