Statute of Limitations for Construction Defect Claims in California
Faulty architectural design, poor contractor execution, and inadequate municipal oversight: There’s a lot of things that can go wrong on a real estate project. You don’t want to get caught holding the bag when somebody makes a costly mistake. That’s why it’s so important to have the right legal representation.
In California, there are strict legal timeframes for pursuing claims related to construction defects. If you fail to act within these filing deadlines, you could permanently lose your ability to recover compensation for property damage, remediation costs, or lost value.
John Peterson, the Los Angeles construction defect claims attorney at Peterson Law Group PC, helps property owners, developers, and investors pursue complex construction defect litigation. Our firm brings decades of litigation experience, and John is nationally recognized for his work in real estate and land use law.
What Is a Construction Defect?
Common examples of construction defects:
- Cracked foundations or unstable soil
- Roof or window leaks causing water damage
- Faulty electrical wiring
- Plumbing failures
- HVAC system malfunctions
- Improper grading or drainage
- Mold growth due to moisture intrusion
Understanding the Statute of Limitations for Construction Defect Claims in California
A construction defect is any flaw in the design, materials, or workmanship of a building that results in physical damage or impairs the property’s intended use. These issues may be patent (obvious) or latent (hidden). Either way, construction defects may lead to significant repairs or safety hazards.
Construction defect claims are governed primarily by California Code of Civil Procedure § 337.1 and § 337.15, which outline specific filing deadlines depending on the type of defect and when it was (or should have been) discovered.
Patent Defects – 4-Year Statute of Limitations
Patent defects are those that are visible or reasonably discoverable upon inspection, such as uneven flooring, poorly installed doors, or visible water stains.
Filing Deadline: You must bring a claim within 4 years from the date of substantial completion of the project.
Example: If construction on your business was completed in January 2021, and you noticed poor roof installation right away, you must file your claim no later than January 2025.
Latent Defects – 10-Year Statute of Limitations
Latent defects are hidden flaws that are not readily observable, often surfacing months or even years after construction is completed.
Filing Deadline: Claims must be filed within 10 years from the date of substantial completion, regardless of when the defect was discovered.
Example: If your commercial building was completed in August 2015 and mold appears in 2024 due to a hidden plumbing issue, your last day to file a claim would be August 2025.
Exceptions and Additional Filing Deadlines
In some situations, shorter statutes apply. Knowing the correct timeline is essential to avoid forfeiting your claim.
Additional Statutes to Know About
- Breach of Written Contract: 4 years from the date of breach
- Breach of Oral Contract: 2 years from the date of breach
- Personal Injury Related to Construction Defects: 2 years from the date of injury or discovery
- Claims Against Public Entities: 6 months to file a government claim before a lawsuit
- Fraud or Willful Misconduct: If the builder intentionally concealed the defect, then the 10-year cap does not apply.
What Should You Do If You Suspect a Construction Defect?
Document Everything
Take detailed photos, gather inspection reports, and keep all correspondence with builders or contractors. This documentation creates a timeline and evidentiary trail.
Consult a Construction Expert
Hire an independent expert to inspect the property and assess whether a defect exists. This is especially important for identifying latent defects that aren’t visible to the untrained eye.
Seek Legal Review
A qualified real estate attorney can help you understand your legal timeframes, evaluate liability, and take swift action before a claim becomes time-barred.
Consult a Lawyer Before Making Repairs
While urgent safety fixes may be necessary, avoid making major repairs without legal and expert guidance. Altering the defective condition without documentation may weaken your legal position.
How a Construction Defect Attorney Can Help
At Peterson Law Group PC, we approach each case with a clear focus: early strategy, legal precision, and client protection. When you bring your case to our team, we evaluate:
- Whether the defect is patent or latent
- The substantial completion date and applicable deadline
- Contractual provisions and warranties
- Applicable builder liability and insurance coverage
- Any evidence of negligence, fraud, or concealment
We’ve represented HOAs, developers, and commercial property owners in a wide range of construction defect cases, from foundation failures to moisture intrusion to design flaws. Our litigation experience ensures that your case is positioned for optimal resolution whether through negotiation, mediation, or trial.
Reasons to Choose Our Firm
John Peterson has been protecting property rights in Southern California for decades:
- Member of the Multi-Million Dollar Advocates Forum
- Elected Member, American Board of Trial Advocates (ABOTA), 2010 – Present
- Martindale-Hubbell® AV Rating
- Listed by Southern California Super Lawyers, 2011 – Present
- Selected to be included in Best Lawyers, 2014 – Present
Speak With an Experienced Construction Defect Attorney in Los Angeles
If you’re dealing with a construction defect that’s affecting your property, you don’t have to face it alone. At Peterson Law Group PC, we advocate for property owners across California in complex real estate disputes, including construction defect claims.
Contact our Los Angeles office at (213) 319-4993 to learn more today.
Construction Defect Filing Deadlines FAQs
What happens if I discover a defect after 10 years?
Unless there’s evidence of fraud or concealment, your claim may be barred. Speak to an attorney right away to determine if any exceptions apply.
How do I determine the “substantial completion” date?
This is usually the date when the project passes final inspection, receives a certificate of occupancy, or is otherwise deemed finished. Contracts and permits may help establish this.
Can I file a claim if the builder is out of business?
Yes. Other parties, such as subcontractors, architects, or insurers, may be held liable. An attorney can help identify all potentially responsible entities.
Can a filing delay cost me money?
Yes, and it’s important to remember that small defects can escalate. The longer you wait, the harder it becomes to:
- Prove the full extent of the damage
- Locate responsible parties (contractors, developers, insurers)
- Preserve physical evidence
- Stay within California’s construction defect statute of limitations
Call To Reach Us For A Prompt Response
Los Angeles Office: (213) 236-9720
Irvine Office: (949) 955-0127