Legal Question in Construction Law in California

Re: Real Estate Construction Defect

The time a builder has to remedy a defect depends on several factors. First, when was the home constructed? SB800 governs the construction of new homes beyond a certain date. Moreover, to apply to your particular home, a builder must have opted into its provisions at the time the contract was signed. If SB800 applies, then by law there is a one year warranty on fit and finish items which of course can be extended by contract. Of course, under SB800, there is a series of procedures that need to take place in an effort to give the builder a chance to rectify the deficiencies. They are complicated, so you will need an attorney to guide you through the process.

If SB800 does not apply, then you need not follow its provisions and you can pursue your remedies through conventional litigation means.

All lumber that comes from a lumber yard has moisture in it. However, the moisture in the lumber should not cause mold which spreads to other parts of the home. There would have to be significant moisture present, such as installing the lumber after a rainstorm when it lay unprotected on site or a broken plumbing line.

This is a complex area. We handle these cases. If you are interested in hiring an attorney, contact us.

Best of Luck!

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