Construction Defect

California construction defect litigation is, by and large, governed by two statutory schemes. The first, the Right to Repair Act (Cal. Civil Code, §§896 – 945.5), came into effect on January 1, 2003, and is commonly referred by its legislative bill, SB 800. The Act defines what constitutes a construction defect in California by establishing "functionality standards," the violation of which is actionable as a matter of law. The Right to Repair Act applies to original construction intended to be sold as an individual residence where the purchase agreement is signed on or after January 1, 2003.

The second statutory scheme, the Davis-Stirling Common Interest Development Act (Cal. Civil Code, §§1375-1375.1), is commonly referred to as the "Calderon Procedures" and applies to common interest developments such as apartment complexes and Homeowner’s Association claimants. These procedures require prefiling dispute resolution process between homeowners associations and common interest development builders (general contractors, all subcontractors, design professionals, and insurers of all potentially liable parties).