Found real defects in your new construction?
Tell SueEasy what happened, and it helps you prepare the required pre-litigation notice and your complaint for a construction defect claim, with fees starting at $199.
File a Lawsuit
The cost of waiting to act on a construction defect
Your clock starts at completion, not discovery
Most deadlines run from substantial completion or close of escrow, not from when you noticed the problem.
Skipping notice can get your case dismissed
California requires written notice to the builder before you can sue over most construction defects.
Ongoing damage gets harder to prove
Photos and an independent inspection are strongest before further damage or repairs change the original condition.
So does this actually qualify as a defect claim?
Not every construction issue is a covered defect. Here's what tends to decide it.
Claim more likely to hold up
- The problem affects a structural, electrical, or plumbing system, not just appearance
- You have, or can get, an independent contractor or inspector's written estimate
- The home was substantially completed within the last several years
- You're prepared to send formal written notice before filing anything
Claim less likely to hold up
- The issue is genuinely cosmetic, like minor paint or finish variation
- The only documentation is your own description of the problem
- You've already had extensive repairs done without documenting the original condition
- Your contract has a binding arbitration clause you haven't checked yet
What it costs to file a construction defect claim
File a Lawsuit, see everything before you pay
- Full guided intake
- Notice and repair cost checked for common problems
- Defenses the builder may raise
- Draft pre-litigation notice preview
Priced by how much is at stake in your case
- Repair costs claimed under $12,500: $199
- Repair costs claimed $12,500–$35,000: $699
- Repair costs claimed over $35,000: $1,299
- Complete pre-litigation notice and complaint, ready to file
- Court fee collected in one checkout
Extra confidence, priced by case size
- Everything in File it yourself
- Licensed CA attorney review
- Revisions before filing
- Attorney files on your behalf
Preview everything for free. You only pay to unlock the finished filing package, and the government filing fee is collected in the same checkout.
When you might not need us
Skip the paid product and send your own notice letter if the defect is minor, clearly cosmetic, and the builder is responsive and reasonable.
The value is in the analysis, not the forms
What we actually charge for is correctly sequencing the mandatory pre-litigation notice so you don't accidentally waive it or blow your statute of limitations, and organizing your evidence into a coherent claim.
California's Right to Repair Act rules
"Civil Code" below refers to the specific California statute each rule comes from, mainly the Right to Repair Act (often called SB 800), Civil Code sections 895 to 945.5.
Most function/component defects
Four years from substantial completion or close of escrow.
Latent defects causing damage
Ten years, for hidden defects that don't show up right away but cause actual property damage.
Specific listed items
Shorter windows, often one to four years, for items like paint, carpet, and appliances.
A failed repair attempt
Can restart or extend certain notice periods. Document exactly what was attempted and when.
Written notice
Describe each defect in reasonable detail and send it to the builder. Civil Code section 910
Acknowledgment window
The builder typically has 14 days to acknowledge receipt.
Inspection and offer
The builder can request an inspection, then has a further window, commonly 30 to 45 days, to offer a repair or payment.
No response
If the builder doesn't timely acknowledge, inspect, or offer a remedy, you may proceed directly to filing suit.
Functional defects
Foundation cracking, water intrusion, or systems that don't work as designed carry more weight and longer deadlines.
Cosmetic defects
Minor paint or finish inconsistencies are generally treated as lower priority, with shorter deadlines.
The performance standard
Sets specific standards that don't depend on how well you maintained the home. Civil Code section 896
Resale vs. new construction
If you bought used, not from the original builder, you generally keep these rights, but the clock still runs from the original completion date.
Builder or developer
Named as it appears on your original sale contract or permit records.
General contractor
Named separately if different from the developer.
Subcontractors
Named if a specific defect traces to a specific trade and the general contractor is unresponsive or insolvent.
HOA involvement
The homeowners association (HOA) may need to be involved if the defect is in a common area of a condo or planned development.
Does your contract require arbitration instead of a lawsuit?
Many new-construction contracts include a binding arbitration clause specifically for defect disputes, and it can override your ability to go to court at all.
Right to Repair Act track
- Written notice, then an inspection and repair opportunity
- Ends in a lawsuit if the builder doesn't respond
- Follows the court's civil procedure and timelines
- Filed in the county where the property is located
Arbitration track
- Has its own separate rules, filing process, and cost structure
- Can run alongside the Right to Repair Act notice process
- Usually faster than a full civil lawsuit
- Generally locks you out of court entirely once triggered
Meeting code is a minimum floor, not what your contract actually promised. A builder who says "it meets code" hasn't answered for a material or finish you specifically paid for and didn't get.
File a LawsuitHow to bring a construction defect claim
Confirm you have a covered defect
Functional and safety issues carry far more weight than cosmetic ones.
- StructuralFoundation, framing, or code violations
- Water intrusionLeaks, moisture barrier failures, mold
- SystemsElectrical or plumbing that doesn't function as designed
- CosmeticUsually lower priority, shorter deadlines
Send the pre-litigation notice
Required before you can sue on most Right to Repair-covered defects.
- Written noticeDescribe each defect in reasonable detail
- AcknowledgmentBuilder has about 14 days to respond
- Inspection windowBuilder can request a reasonable inspection
- Offer windowCommonly 30 to 45 days to offer a repair or payment
Confirm your forum
Repair estimates often grow once you get a full bid, build in a buffer.
- Limited civilRoughly $12,500 to $35,000
- Unlimited civilAbove the limited civil ceiling
- VenueThe county where the property is located
- Filing feesSignificantly higher than small claims
File the complaint
Only once notice, acknowledgment, and inspection windows have run.
- TimingFile after the builder's response window expires, or fails to respond
- Rejected repairsDocument specifically why an offer was inadequate
- Named defendantsBuilder, general contractor, and traceable subcontractors
- HOA defectsCommon-area issues may need HOA involvement
Serve the builder
Personal or substituted service, same as any civil complaint.
- Personal serviceMost reliable
- Substituted serviceAt a business address
- DeadlinesGenerally 60 days to serve after filing
- Proof of serviceKeep it, defective service can undo a judgment later
Gather expert evidence
An independent report is your highest-leverage document.
- Expert reportConnects the defect to a specific construction failure
- Contractor estimateReasonable cost to repair properly
- Photos & measurementsMoisture readings for water intrusion claims
- Original documentsPurchase contract, warranty, substantial completion date
Through settlement or trial
Many cases settle once both sides have expert reports in hand.
- Settlement conferenceOften mandatory before trial
- DiscoveryDocument requests, possibly depositions
- JudgmentPost-judgment interest at 10% a year
- CollectionLiens or levies if the builder doesn't pay voluntarily
Construction defect FAQs
SueEasy is a self-help legal technology product built by LegalForce RAPC Worldwide, P.C. Using SueEasy does not create an attorney-client relationship and does not provide legal advice. We are not a law firm and cannot represent you in court. Every California county provides a free small claims advisor, and we can point you to yours.