Construction Defect Attorney — Los Angeles & Glendale
Construction defect claims are decided by two things: whether the defect can be traced to a responsible party, and whether the claim was brought inside California's layered limitations and repose periods.
How long do you have to bring a construction defect claim in California?
California applies a four-year limitations period for patent defects and a ten-year statute of repose for latent defects, both measured from substantial completion. For most residential construction sold after January 1, 2003, the Right to Repair Act sets specific functionality standards with their own shorter periods for particular components, and requires a prelitigation notice and repair process before suit.
Defect Claims, Repose Periods, and the Right to Repair Act
Most construction defect claims in Los Angeles County involve water: envelope failures at windows and decks, roofing and flashing defects, waterproofing failures below grade, and plumbing that leaks into framing. Structural and geotechnical claims — slab movement, hillside settlement, inadequate shoring — are less frequent but far more consequential, particularly in Glendale's hillside neighborhoods.
For residential construction sold after January 1, 2003, California's Right to Repair Act governs. It sets functionality standards for specific building components, and it requires a claimant to serve notice and allow the builder an opportunity to inspect and repair before filing suit. The California Supreme Court's decision in McMillin Albany v. Superior Court confirmed that the Act's prelitigation procedures generally apply even to claims pleaded under common law theories.
Common interest developments add another layer, because an association may sue on behalf of owners for common area defects and must satisfy its own statutory prerequisites — an issue our analysis of HOA construction defect claims examines. Defect claims also frequently overlap with nondisclosure claims against a seller and mold claims arising from the same water intrusion.
330 North Brand Boulevard, Suite 1280
Glendale, California 91203
Los Angeles County Superior Court, including the Glendale and Stanley Mosk courthouses.
Construction contracts, payment and lien claims, defects, delays, and project litigation for owners and contractors.
Defect Matters We Handle
For homeowners, associations, commercial owners, contractors, and builders in Los Angeles County.
Water Intrusion & Envelope
Window and door installation failures, deck and balcony waterproofing, roofing and flashing defects, stucco and cladding, and below-grade waterproofing failures.
Structural & Geotechnical
Foundation and slab movement, hillside settlement and slope stability, framing and shear deficiencies, and inadequate soils investigation or compaction.
Right to Repair Act Claims
Claims and defenses under California's residential construction standards, including the prelitigation notice and opportunity to repair process.
Association Common Area Claims
Claims by common interest developments for defects in common areas, and the statutory prerequisites governing when an association may sue.
Builder & Contractor Defense
Defending developers, general contractors, and subcontractors, including scope allocation among trades and tender to insurers and indemnitors.
Repose & Limitations Defenses
Patent versus latent classification, substantial completion dates, and the four-year and ten-year periods that bar untimely claims.
Defect Disputes That Reach Our Office
Composite examples drawn from the kinds of matters this practice handles. They illustrate common fact patterns and are not descriptions of specific client cases or predictions of any result.
The Balcony That Leaked Into the Framing
Six years after completion, a condominium owner finds dry rot in framing below a deck. The defect is latent, the ten-year repose period has not run, and the Right to Repair notice process is the required first step rather than an optional one.
The Hillside That Moved
A Glendale homeowner observes progressive cracking and door misalignment after a wet winter. Whether the responsible party is the grading contractor, the geotechnical engineer, the builder, or nobody depends on soils reports and compaction records from construction.
The Builder's Repair Offer
A builder responds to a defect notice by offering to repair. Accepting, rejecting, or negotiating the scope has consequences under the Act, and the decision should be made with the full defect list and the repose calendar in view.
When a Defect Problem Needs a Lawyer
- Water is entering the building and the source has not been identified.
- Cracking, settlement, or movement is progressing rather than stable.
- You have received or intend to serve a Right to Repair Act notice.
- The building is approaching ten years from substantial completion.
- A builder has offered a repair and you do not know whether to accept it.
- An association is evaluating whether to pursue common area defect claims.
What to Do First
Establish substantial completion
The certificate of occupancy or final inspection date starts the repose clock. Everything about timing depends on it.
Document before repair
Photograph, video, and where possible have invasive testing performed before remediation. Repairing first eliminates the proof of causation.
Follow the notice process
Where the Right to Repair Act applies, filing suit without completing the prelitigation process can result in a stay. Confirm which track the project is on first.
Construction Defects — Questions California Clients Ask
What owners, associations, and builders ask about defect claims and deadlines in California.
What qualifies as a construction defect under California law?
California's Right to Repair Act (SB 800) defines specific construction standards for new residential construction and establishes a pre-litigation dispute resolution process. More broadly, a construction defect is any failure of a contractor, subcontractor, or design professional to meet applicable construction standards, resulting in deficient work, property damage, or a condition that presents a risk of harm.
What is California's Right to Repair Act?
The Right to Repair Act (Civil Code §895 et seq.) establishes specific functionality standards for residential construction, creates a mandatory pre-litigation notice and inspection process that builders must follow before a homeowner can sue, and requires builders to offer repairs before litigation can proceed in most circumstances.
What is the statute of limitations for construction defect claims in California?
Under the Right to Repair Act, claims for most residential construction defects must be brought within 10 years of substantial completion (for latent or structural defects) or within 4 years (for other defects). Claims not governed by SB 800 may have different limitation periods under general negligence or breach of contract theories.
What types of defects are most commonly litigated in California?
Common categories include water intrusion (roof leaks, window failures, improper waterproofing), foundation and structural defects, defective framing, HVAC and mechanical failures, drainage problems, improper fireproofing, inadequate fire separations, and violations of building codes.
Who can be held liable for construction defects in California?
Potentially liable parties include the general contractor, subcontractors whose work was defective, project architects and engineers, material suppliers (in certain cases), developers who sold the defective structure, and property owners who directed the work. Liability depends on the nature of the defect and the roles played by each party.
What is the pre-litigation process for residential construction defects?
California's Right to Repair Act requires homeowners of newly constructed residential property to provide the builder with written notice of the defect and a right to inspect before filing a lawsuit. The builder then has the opportunity to make a repair offer. This process must be completed before most construction defect claims can proceed to court.
What damages can be recovered in a construction defect case?
Recoverable damages typically include the cost to repair the defective work, diminution in property value caused by the defect, consequential damages such as costs of temporary housing during repairs, and in some cases expert witness fees and attorney's fees depending on the applicable legal theory.
What role do experts play in construction defect litigation?
Construction defect cases almost always require expert testimony from licensed architects, engineers, or construction consultants who can establish that a defect exists, identify its cause, determine who is responsible, and quantify the cost to repair. Expert selection and preparation are critical components of a successful construction defect claim.
Local Representation
Defect claims on Los Angeles County property are litigated in the county courts, often with permit and inspection records from the local building department.
Talk to a Construction Attorney
The ten-year repose period is absolute and runs from substantial completion. If a building is approaching that date, the evaluation should happen now.