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California Construction Defect Attorneys

California construction defect attorneys representing owners and contractors in technically complex defect claims and defenses.

The Situation

Your home or building has a defect — and the contractor will not address it. Or you are a contractor facing a defect claim you believe is unfounded. Technical evidence, project records, and the applicable contract terms can all matter. GLG’s managing attorney brings a physics background and 25 years of California construction-litigation experience to these matters.

Why It Happens

Construction defects arise from design errors, material failures, workmanship deficiencies, and code violations. They range from cosmetic issues to structural failures. California's Right to Repair Act (SB 800) governs residential defect claims, while commercial defects are governed by contract and tort law.

California Law

California's Right to Repair Act (SB 800, Civil Code §895 et seq.) establishes specific construction standards for new residential construction and requires a mandatory pre-litigation notice and repair process before a homeowner can file suit. The process has strict timelines: the homeowner must provide written notice; the builder has 14 days to acknowledge; 30 days to inspect; 30 days to offer repair; and 30 days to complete repairs. For commercial defects, patent (visible) defects carry a 4-year statute of limitations from discovery (CCP §337.1), while latent (hidden) defects are subject to a 10-year statute of repose from substantial completion (CCP §337.15). Design professionals face a separate 10-year statute of repose under CCP §337.15. California also recognizes strict liability for mass-produced homes under Kriegler v. Eichler Homes.

What's at Risk

The Risks
  • Failing to respond to a Right to Repair notice within the statutory deadline
  • Missing the statute of repose for latent defects
  • Inadequate expert analysis that fails to identify the true cause of defects
  • Settling defect claims without understanding the full scope of the problem
  • Cross-claims and indemnity disputes between contractors and subcontractors
Common Mistakes
  • Ignoring defect claims hoping they'll go away
  • Hiring experts who don't understand California construction standards
  • Failing to preserve evidence before repairs are made
  • Not tendering the defense to subcontractors who may be responsible
  • Settling too quickly without a full technical investigation
Case Example

A developer faced a $3.5M construction defect lawsuit from a commercial property owner claiming structural defects, water intrusion, and code violations. Our physics-trained attorney analyzed the technical evidence and identified that the alleged defects were caused by the owner's own modifications post-completion. Case dismissed. Developer paid $0.

Past results do not guarantee future outcomes. Every case is different.

SB 800 Pre-Litigation Process

Right to Repair Act Timeline

1
Homeowner Sends Claim NoticeDay 0

Homeowner provides written notice to the builder identifying the alleged defects with reasonable specificity. This starts the SB 800 clock.

2
Builder AcknowledgesWithin 14 Days

Builder must acknowledge receipt of the Claim Notice in writing within 14 days. Failure to acknowledge is a violation of the Act.

3
Builder InspectsWithin 30 Days

Builder (and their subcontractors, if applicable) must inspect the claimed defects. Builder may request a second inspection within 3 days if needed.

4
Builder Makes OfferWithin 30 Days of Inspection

Builder must offer in writing to: (a) repair the defects, (b) pay the homeowner's reasonable costs to repair, or (c) dispute the claim. A non-response is deemed a dispute.

5
Repairs CompletedWithin 30 Days of Acceptance

If the homeowner accepts the repair offer, the builder must complete repairs within 30 days. Homeowner must provide reasonable access.

6
Litigation (if needed)After Process Fails

If the builder fails to comply with any timeline, disputes the claim, or the repair is inadequate, the homeowner may file a lawsuit. The Act's pre-litigation process is a prerequisite.

Frequently Asked Questions

How GLG Helps
  • Homeowners: we build the technical case to prove your contractor's defective work and recover repair costs
  • Contractors: we defend unfounded defect claims with rigorous engineering analysis
  • Our physics-trained attorneys analyze technical defect evidence at a level most firms can't match
  • We navigate the Right to Repair pre-litigation process strategically to maximize your outcome
  • We identify and pursue all responsible parties — contractors, subs, designers, and insurers

SB 800 notice deadlines are strict — don't miss them.

California's Right to Repair Act requires written notice before filing suit. The clock starts from discovery of the defect.

Start Your Case Review (949) 666-8797

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