Overview
Construction defect claims arise when flaws in the design, materials, or construction of a building cause personal injury or property damage. In California, you can pursue claims against the developer, general contractor, subcontractors, architects, engineers, and material suppliers. The legal framework is complex, but the core idea is simple: the people who built the building are responsible for building it safely.
This guide focuses on the personal injury side of construction defect law. If a building defect hurt you or someone you love, whether from a structural collapse, water intrusion that led to toxic mold, a faulty staircase, or a defective balcony, California law provides multiple paths to recovery.
Three Theories of Liability
California recognizes three overlapping theories for construction defect injury claims. You should pursue all three when the facts support them.
| Theory | Standard | Key Advantage |
|---|---|---|
| Strict liability | Product was defective; defect caused injury | No need to prove the builder was negligent |
| Negligence | Builder failed to use reasonable care | Broader discovery into builder's conduct and knowledge |
| Breach of warranty | Building failed to meet express or implied warranties | May have different statute of limitations |
SB 800: The Right to Repair Act
SB 800, codified at Civil Code sections 895 through 945.5, establishes a statutory framework for construction defect claims involving new residential construction sold on or after January 1, 2003. The Act defines minimum functionality standards for building components and sets specific limitation periods for different types of defects.
SB 800 Limitation Periods by Component
| Component | Standard | Limitation Period |
|---|---|---|
| Water intrusion (exterior) | Must not allow unintended water penetration | 10 years |
| Structural / load-bearing | Must not cause structural failure | 10 years |
| Soil and foundation | Must not cause unreasonable movement | 10 years |
| Fire protection | Must meet fire protection standards | 10 years |
| Plumbing and sewer | Must not leak or cause damage | 4 years |
| Electrical | Must not exceed code tolerances | 4 years |
| HVAC | Must maintain temperature | 4 years |
| Roofing | Must not allow water intrusion | 10 years |
← Scroll sideways to view the full tree →
Strict Liability for Mass-Produced Homes
California applies strict liability to mass-produced residential construction under Kriegler v. Eichler Homes, Inc. (1969) 269 Cal.App.2d 224. The court reasoned that mass home builders are functionally equivalent to product manufacturers and should bear the same strict liability for defective products. This means you do not need to prove the builder was negligent. You only need to prove the home contained a defect that made it unreasonably dangerous, the defect existed when the home left the builder's control, and the defect caused your injury.
The 10-year statute of repose is an absolute deadline. Check your timeline now.
California bars all construction defect claims more than 10 years after substantial completion. If your building is approaching that mark, you need to act immediately, even if the investigation is incomplete.
Common Construction Defects That Cause Injuries
Water Intrusion
Water intrusion is the single most common construction defect and the leading cause of mold-related personal injury claims. Defective window flashing, inadequate roof underlayment, improper stucco installation, failed sealant joints, and below-grade waterproofing failures all allow water into the building envelope, leading to mold growth, structural deterioration, electrical hazards, and slip-and-fall conditions.
Structural Failures
Undersized structural members, improper connections, inadequate shear walls, defective concrete, and balcony structural failures can result in catastrophic collapses. Following several balcony collapses in California, SB 326 now requires periodic inspections of exterior elevated elements in condominium buildings.
Soil and Foundation Issues
| Defect | Cause | Effect |
|---|---|---|
| Expansive soil | Clay soils that swell with moisture | Foundation cracking, structural movement |
| Improper grading | Inadequate site preparation | Differential settlement, drainage problems |
| Inadequate compaction | Fill not properly compacted | Foundation settlement, structural distress |
| Slope failure | Inadequate retaining structures | Landslide, structural collapse |
Who You Can Sue
Construction defect cases often involve multiple defendants. Every entity in the chain of design, construction, and sale may be liable.
- Developer -- Controls the design and construction process, selects contractors, markets and sells the homes, provides warranties
- General contractor -- Oversees construction and coordinates subcontractors
- Subcontractors -- Responsible for the specific defective work (plumbing, electrical, framing, waterproofing)
- Architects and engineers -- Liable for design defects in the plans and specifications
- Material suppliers -- Liable for defective building materials
Deadlines: Statute of Limitations and Statute of Repose
| Time Limit | Type | Source | Notes |
|---|---|---|---|
| 2 years | Personal injury SOL | CCP 335.1 | Subject to discovery rule for latent defects |
| 4 years | Patent defects (SB 800) | CC 896 | From close of escrow |
| 10 years | Latent defects / Repose | CCP 337.15 | From substantial completion -- absolute bar |
Expert Witnesses in Construction Defect Cases
| Expert | Role |
|---|---|
| General contractor | Standard of care, construction methods, code compliance |
| Structural engineer | Structural analysis, load calculations, failure analysis |
| Geotechnical engineer | Soil analysis, foundation design, slope stability |
| Architect | Design standard of care, code compliance, design defects |
| Waterproofing consultant | Water intrusion analysis, moisture testing |
| Industrial hygienist | Mold testing, air quality, environmental hazards |
Damages in Construction Defect Injury Cases
Injured plaintiffs may recover medical expenses (past and future), lost wages and earning capacity, pain and suffering, property damage, and loss of enjoyment of life. Punitive damages under Civil Code section 3294 may be available when a developer or builder knowingly concealed a defect or cut corners to save money at the expense of safety.
We identify every responsible party. From the developer to the nail gun.
Construction defect cases involve layers of contractors and subcontractors. We trace the defect to its source and hold every responsible party accountable.
Cross-References
- Premises Liability in California -- the overarching framework
- Landlord Liability -- landlord liability for construction defects in rental property
- Products Liability -- defective building materials
- Slip and Fall -- when construction defects create slip-and-fall hazards
- Statute of Limitations -- SOL and statute of repose analysis
- Economic Damages -- calculating construction defect damages
Common Questions
Can I sue for an injury caused by a construction defect in my home?
Yes. If a construction defect in your home caused a personal injury, you can sue the developer, general contractor, subcontractors, and material suppliers. For personal injury claims, you do not need to follow the SB 800 pre-litigation notice-and-repair procedures. Civil Code section 943(a) expressly provides that the Right to Repair Act does not limit personal injury claims.
How long do I have to file a construction defect injury lawsuit in California?
You generally have two years from the date of injury under Code of Civil Procedure section 335.1, subject to the discovery rule for latent defects. However, the statute of repose under CCP section 337.15 bars all claims for latent construction defects more than 10 years after substantial completion of the improvement. This is an absolute bar that cannot be extended. File promptly.
What is the difference between a manufacturing defect and a design defect in construction?
A manufacturing defect (or construction defect) occurs when the builder deviates from the approved plans or specifications during construction. A design defect exists when the plans themselves are flawed and create an unreasonably dangerous condition. Both are actionable in California. The distinction matters for identifying the right defendant: a construction defect points to the contractor, while a design defect points to the architect or engineer.
Is a home builder strictly liable for defects in California?
California applies strict liability to mass-produced residential construction under Kriegler v. Eichler Homes, Inc. (1969) 269 Cal.App.2d 224. Mass home builders are treated like product manufacturers and bear strict liability for defective products. Custom-built homes and commercial structures are generally subject to negligence, not strict liability. The distinction turns on whether the builder engages in the mass production and sale of standardized homes.
Our offices
Local Resources
- Cedars-Sinai EmergencyLos Angeles trauma center for serious construction-related injuries.
- CA Contractors State License BoardVerify any contractor's license status before or after an incident.
- LA Department of Building and SafetyBuilding permits, inspection reports, and code enforcement records.
- LA Superior Court · Stanley MoskCivil filings for LA County construction defect cases.
- CA State Bar LookupVerify any attorney's license before hiring.
- California Civil Code §§ 895-945.5 (SB 800, Right to Repair Act). Statutory framework for residential construction defect claims; functionality standards and limitation periods.
- Kriegler v. Eichler Homes, Inc. (1969) 269 Cal.App.2d 224. Strict liability applies to mass-produced residential construction.
- California Code of Civil Procedure § 337.15. Ten-year statute of repose for latent construction deficiencies.
- California Code of Civil Procedure § 335.1. Two-year statute of limitations for personal injury actions.
- California Civil Code § 2782. Anti-indemnity statute limiting indemnity provisions in construction contracts.
- Beacon Residential Community Assn. v. Skidmore, Owings & Merrill LLP (2014) 59 Cal.4th 568. HOA standing to bring construction defect claims for common areas.