SueEasy - A LegalForce Law Firm

Construction defects

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.

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0years
Deadline for most function or component defects
0years
Deadline for hidden defects that cause real property damage
0days
How long the builder has to acknowledge your notice

Acting early

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
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Claim pricing

What it costs to file a construction defect claim

Prepare

$0

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  • Full guided intake
  • Notice and repair cost checked for common problems
  • Defenses the builder may raise
  • Draft pre-litigation notice preview
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Priced by case size, set automatically

File it yourself

$199–$1,299

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
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Add-on

Add attorney review

+$1,000–$1,500

Extra confidence, priced by case size

  • Everything in File it yourself
  • Licensed CA attorney review
  • Revisions before filing
  • Attorney files on your behalf
Add an attorney

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.

Construction defect rules

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.

Notice or arbitration

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
Check this before anything else

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.

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Filing process

How to bring a construction defect claim

01

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
02

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
03

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
04

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
05

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
06

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
07

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
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Common questions

Construction defect FAQs

How is a construction defect claim valued in California?
Courts generally use the cost to repair the defect, backed by written estimates from licensed contractors, as the primary measure of damages. Get two estimates rather than one, since a single estimate can read as a quote while two reads as a credible range. In rare cases where repair would be wildly disproportionate to the harm, the drop in the property's value is used instead.
Which statute of limitations applies to a construction defect case?
More than one can apply, which is where people go wrong. Civil Code sections 895 to 945.5, California's Right to Repair Act, sets tiered periods: generally 4 years for most function or component failures, and up to 10 years for latent defects, meaning ones that stay hidden and cause actual property damage, both measured from substantial completion or close of escrow.
My contract has an arbitration clause, does that block me from suing?
Usually yes, if the clause is valid, and many residential construction contracts include one. Check your contract before doing anything else, since filing in court against a binding arbitration clause just wastes your filing fee.
Do I need to hire an expert witness for a defect claim?
For anything structural or code-related, generally yes. A contractor who can speak to the standard of care and the actual cost of repair is often enough at this claim size. Budget $2,000 to $5,000 for that, since it's a real cost that can make smaller claims not worth pursuing on their own.
Can I file a claim against the contractor's license bond in addition to suing him?
Yes, and it's worth doing in parallel. The standard contractor bond covers defective workmanship the same way it covers abandonment, and a bond claim is typically faster and cheaper to resolve than a lawsuit, without stopping you from also pursuing the lawsuit itself.
Is there a faster option than court through the CSLB?
The Contractors State License Board runs a mandatory and voluntary arbitration program for qualifying disputes, and for claims on the smaller end of this range it can move faster and cost less than a courtroom case. Eligibility depends on the dollar amount, the license status, and whether you've already filed suit, so ask about it before filing anything.
The contractor says the work meets code, doesn't that end the dispute?
No. Meeting code is a minimum floor, not the standard your contract actually promised, and it doesn't override specific terms you agreed to. If your contract called for a particular material or finish and you got something else, code compliance doesn't answer for that gap.
Should I let the contractor come back and try to fix the problem himself?
Often yes, and sometimes your contract requires it. The Right to Repair Act itself generally requires you to give the builder written notice and a chance to inspect and repair before you can sue. Turning down a genuine repair offer without a documented reason can weaken your case later, so keep a written record of any offer and why you accepted or rejected it.
What happens if my repair estimate ends up being more than $35,000?
That pushes your case into unlimited civil court, which carries a higher filing fee. You can choose to cap your claim and waive the excess to stay in the faster limited civil process, which is a real tradeoff between speed and full recovery worth thinking through.
How long does a construction defect case usually take to resolve?
Limited civil cases are supposed to reach trial within about a year, though twelve to eighteen months with at least one continuance is realistic. If the damage is ongoing, don't wait for a judgment before repairing, since delaying usually makes both the damage and your case harder.

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.