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.

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.

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.

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.

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.

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.

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.

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.