CONSTRUCTION DEFECT DEMAND LETTER
STATE OF CALIFORNIA
NOTICE PURSUANT TO CALIFORNIA CIVIL CODE SECTIONS 910-938 (SB 800 RIGHT TO REPAIR ACT)
SENT VIA CERTIFIED MAIL, RETURN RECEIPT REQUESTED
OVERNIGHT DELIVERY - SIGNATURE REQUIRED
AND REGULAR FIRST-CLASS MAIL
[DATE]
[BUILDER/DEVELOPER NAME]
ATTN: CONSTRUCTION DEFECT CLAIMS DEPARTMENT
[ADDRESS]
[CITY, CALIFORNIA ZIP]
California CSLB License No.: [LICENSE NUMBER]
Additional Copies to:
[SUBCONTRACTOR NAME(S)] (if applicable)
[ADDRESS]
California CSLB License No.: [LICENSE NUMBER]
Re: SB 800 STATUTORY NOTICE OF CONSTRUCTION DEFECTS
Civil Code Section 910 et seq.
Property Address: [PROPERTY ADDRESS]
Owner: [OWNER NAME]
Original Purchase Date: [DATE]
Close of Escrow: [DATE]
Tract/Development: [NAME]
Dear Sir or Madam:
This firm represents [OWNER NAME] ("Owner" or "Claimant") regarding construction defects at the above-referenced property. This letter constitutes formal notice of construction defects pursuant to California Civil Code Sections 910-938 (commonly known as the SB 800 Right to Repair Act), and serves as the required pre-litigation notice providing you with the statutory opportunity to inspect, offer to repair, and/or settle this claim before litigation is commenced.
THIS IS A STATUTORY NOTICE REQUIRED UNDER CALIFORNIA LAW. YOUR TIMELY RESPONSE IS REQUIRED WITHIN THE TIMEFRAMES SET FORTH IN CIVIL CODE SECTION 913.
I. CALIFORNIA-SPECIFIC LEGAL FRAMEWORK
A. SB 800 Right to Repair Act (Civil Code Sections 895-945.5)
This notice is provided pursuant to California's comprehensive Right to Repair Act, which establishes:
Functionality Standards (Civ. Code Section 896):
The Act defines specific standards for various building components that builders must meet, including:
- Section 896(a): Water intrusion standards for roofs, windows, doors, decks, etc.
- Section 896(b): Structural standards for foundations, load-bearing components
- Section 896(c): Soil standards requiring proper preparation and drainage
- Section 896(d): Fire protection standards
- Section 896(e): Plumbing and sewer standards
- Section 896(f): Electrical system standards
- Section 896(g): Other standards including noise, irrigation, landscaping
Pre-Litigation Procedures (Civ. Code Sections 910-938):
- Section 910: Claimant must provide written notice of claim
- Section 913: Builder must acknowledge receipt within 14 days
- Section 914: Builder must elect to inspect or not within 14 days of acknowledgment
- Section 916: Builder has 30 days to complete inspection after election
- Section 917: Builder must provide repair offer within 30 days after inspection
- Section 919: Claimant must respond to repair offer within 30 days
- Section 921: If repairs accepted, completion within 120 days
- Section 927: Mediation required before litigation if parties cannot agree
B. Applicable Statutes of Limitation Under SB 800
| Defect Category | Limitations Period | Authority |
|---|---|---|
| Water/moisture intrusion | 4 years | Civ. Code Section 896(a) |
| Structural defects | 10 years | Civ. Code Section 896(b) |
| Soil-related defects | 10 years | Civ. Code Section 896(c) |
| Fire protection | 4 years | Civ. Code Section 896(d) |
| Plumbing/sewer | 4 years | Civ. Code Section 896(e) |
| Electrical | 4 years | Civ. Code Section 896(f) |
| Other defects | 1-4 years (varies) | Civ. Code Section 896(g) |
C. Statute of Repose
Cal. Code Civ. Proc. Section 337.15 establishes a ten (10) year statute of repose for latent construction defects, running from substantial completion.
D. Alternative Common Law Claims
If SB 800 does not apply (e.g., pre-2003 construction, commercial property), the following common law claims remain available:
- Breach of Contract: 4 years (CCP Section 337)
- Negligence: 3 years from discovery (CCP Section 338)
- Strict Liability: Where applicable
- Breach of Express Warranty: Per warranty terms
- Implied Warranty of Habitability: Pollard v. Saxe & Yolles Dev. Co. (1974) 12 Cal.3d 374
E. Contractor Licensing (CSLB)
Under Bus. & Prof. Code Section 7000 et seq., contractors must be licensed by the Contractors State License Board. Unlicensed contractors:
- Cannot maintain actions for compensation (Bus. & Prof. Code Section 7031)
- Are subject to criminal penalties
- May be required to disgorge all compensation received
II. PROPERTY AND PROJECT INFORMATION
A. Property Description
| Item | Details |
|---|---|
| Property Address | [COMPLETE ADDRESS] |
| County | [COUNTY], California |
| APN | [ASSESSOR PARCEL NUMBER] |
| Property Type | [ ] Single-family home [ ] Condominium [ ] Townhouse [ ] Multi-family |
| Tract/Development | [NAME] |
| Year Built | [YEAR] |
| Square Footage | [SQUARE FEET] |
| Current Owner(s) | [NAME(S)] |
| Close of Escrow | [DATE] |
| Purchase Price | $[AMOUNT] |
B. Project Information
| Item | Details |
|---|---|
| Project Type | [ ] New construction [ ] Remodel [ ] Addition |
| Builder/Developer | [NAME] |
| CA CSLB License No. | [NUMBER] |
| General Contractor | [NAME] (if different from builder) |
| Architect | [NAME] |
| Original Warranty Provider | [NAME] |
| Enhanced Protection Agreement | [ ] Yes [ ] No (per Civ. Code Section 912) |
C. Parties Involved
Builder/Developer:
- Name: [NAME]
- CSLB License Number: [NUMBER]
- Address: [ADDRESS]
- Contact: [PHONE/EMAIL]
- Registered Agent: [NAME/ADDRESS]
Subcontractors Believed Responsible:
| Trade | Company Name | CSLB License No. | Work Performed |
|---|---|---|---|
| [TRADE] | [NAME] | [NUMBER] | [DESCRIPTION] |
| [TRADE] | [NAME] | [NUMBER] | [DESCRIPTION] |
| [TRADE] | [NAME] | [NUMBER] | [DESCRIPTION] |
Design Professionals:
| Role | Name | License No. | Scope |
|---|---|---|---|
| Architect | [NAME] | [NUMBER] | [DESCRIPTION] |
| Engineer | [NAME] | [NUMBER] | [DESCRIPTION] |
III. DESCRIPTION OF DEFECTS
Pursuant to Civil Code Section 910, the following is a detailed description of each claimed construction defect, organized by the functionality standards of Civil Code Section 896:
CATEGORY A: WATER INTRUSION DEFECTS (Civ. Code Section 896(a))
DEFECT #A-1: [TITLE - e.g., WINDOW WATER INTRUSION]
Location: [Specific location - room, floor, elevation]
Description: [Detailed description of the defect, including how it manifests, when discovered, and progression]
Standard Violated: Civ. Code Section 896(a)([subsection]) - [Quote specific standard]
Building Components Affected:
[ ] Roof [ ] Windows [ ] Doors [ ] Decks/Balconies [ ] Entry doors
[ ] Exterior wall assemblies [ ] Shower/bath enclosures [ ] Below-grade walls
Evidence:
- [ ] Moisture meter readings
- [ ] Infrared thermography
- [ ] Visual evidence of water damage
- [ ] Expert testing and analysis
Date First Observed: [DATE]
Consequential Damage:
[Describe water damage, mold, rot, etc.]
Estimated Cost to Repair: $[AMOUNT]
CATEGORY B: STRUCTURAL DEFECTS (Civ. Code Section 896(b))
DEFECT #B-1: [TITLE - e.g., FOUNDATION CRACKING]
Location: [Specific location]
Description: [Detailed description]
Standard Violated: Civ. Code Section 896(b)([subsection]) - [Quote specific standard]
Building Components Affected:
[ ] Foundations [ ] Load-bearing components [ ] Slabs [ ] Framing
[ ] Vertical elements [ ] Retaining walls
Date First Observed: [DATE]
Estimated Cost to Repair: $[AMOUNT]
CATEGORY C: SOIL DEFECTS (Civ. Code Section 896(c))
DEFECT #C-1: [TITLE - e.g., IMPROPER GRADING/DRAINAGE]
Location: [Specific location]
Description: [Detailed description]
Standard Violated: Civ. Code Section 896(c)([subsection])
Date First Observed: [DATE]
Estimated Cost to Repair: $[AMOUNT]
CATEGORY E: PLUMBING DEFECTS (Civ. Code Section 896(e))
DEFECT #E-1: [TITLE]
Location: [Specific location]
Description: [Detailed description]
Standard Violated: Civ. Code Section 896(e)([subsection])
Date First Observed: [DATE]
Estimated Cost to Repair: $[AMOUNT]
CATEGORY G: OTHER DEFECTS (Civ. Code Section 896(g))
DEFECT #G-1: [TITLE]
Location: [Specific location]
Description: [Detailed description]
Standard Violated: Civ. Code Section 896(g)([subsection])
Date First Observed: [DATE]
Estimated Cost to Repair: $[AMOUNT]
IV. SUMMARY OF DEFECTS AND DAMAGES
| Defect No. | Category | Description | Location | Est. Repair Cost |
|---|---|---|---|---|
| A-1 | Water Intrusion | [BRIEF DESC] | [LOCATION] | $[AMOUNT] |
| B-1 | Structural | [BRIEF DESC] | [LOCATION] | $[AMOUNT] |
| C-1 | Soil | [BRIEF DESC] | [LOCATION] | $[AMOUNT] |
| E-1 | Plumbing | [BRIEF DESC] | [LOCATION] | $[AMOUNT] |
| G-1 | Other | [BRIEF DESC] | [LOCATION] | $[AMOUNT] |
| SUBTOTAL - Repair Costs | $[AMOUNT] | |||
| Consequential Damages | $[AMOUNT] | |||
| Expert/Investigation Costs | $[AMOUNT] | |||
| Temporary Relocation | $[AMOUNT] | |||
| Loss of Use | $[AMOUNT] | |||
| TOTAL ESTIMATED DAMAGES | $[AMOUNT] |
V. LEGAL BASIS FOR CLAIMS
A. Violation of SB 800 Functionality Standards (Civ. Code Section 896)
The defects described herein violate the specific functionality standards set forth in Civil Code Section 896.
B. Breach of Contract
You failed to construct the dwelling in accordance with the purchase agreement, plans, specifications, and applicable building codes.
C. Breach of Express Warranty
You provided express warranties that the dwelling would be free from defects in materials and workmanship, which warranties you have breached.
D. Breach of Implied Warranty of Habitability
Under California law, builders impliedly warrant that new homes are fit for habitation. Pollard v. Saxe & Yolles Dev. Co. (1974) 12 Cal.3d 374.
E. Negligence
You owed a duty of care to construct the dwelling in accordance with the applicable standard of care and breached that duty.
F. Strict Liability
[If applicable] Components and systems installed contain defects that make the dwelling unreasonably dangerous.
G. Violation of Building Codes
The construction violates the California Building Code (Title 24) and/or local building codes.
VI. SB 800 PRE-LITIGATION PROCEDURES
A. Statutory Timeline
Pursuant to Civil Code Sections 913-921, the following timeline applies:
| Step | Action | Deadline | Authority |
|---|---|---|---|
| 1 | Builder acknowledges receipt | 14 days from notice | Civ. Code Section 913(a) |
| 2 | Builder elects to inspect | 14 days from acknowledgment | Civ. Code Section 914(a) |
| 3 | Builder completes inspection | 30 days from election | Civ. Code Section 916(a) |
| 4 | Builder provides repair offer | 30 days from inspection | Civ. Code Section 917(a) |
| 5 | Claimant responds to offer | 30 days from offer | Civ. Code Section 919(a) |
| 6 | If accepted, repairs completed | 120 days from acceptance | Civ. Code Section 921 |
B. Your Obligations Upon Receipt
Upon receipt of this notice, you are required to:
- Acknowledge Receipt: Provide written acknowledgment within 14 days (Civ. Code Section 913)
- Election to Inspect: Elect whether to inspect within 14 days of acknowledgment (Civ. Code Section 914)
- Complete Inspection: If elected, complete within 30 days (Civ. Code Section 916)
- Provide Written Response: Offer to repair, offer mediation, or dispute within 30 days after inspection (Civ. Code Section 917)
C. Inspection Procedures
If you elect to inspect pursuant to Civil Code Section 916:
- Provide written notice of inspection dates
- Inspections must be at mutually convenient times
- You may employ qualified consultants and experts
- Destructive testing requires advance written approval
- You must repair damage caused by testing
D. Document Exchange
Pursuant to Civil Code Section 912, we request the following documents:
- All maintenance and service records for the property
- All claims reported and repairs made
- All warranty information provided to original purchaser
- Enhanced Protection Agreement (if any)
VII. PRESERVATION OF EVIDENCE
You are hereby directed to preserve all documents and materials, including:
- All construction contracts and subcontracts
- Plans, specifications, and drawings (including as-builts)
- Building permits and inspection records
- All change orders and RFIs
- Daily construction logs and progress reports
- Quality control and inspection reports
- All correspondence with owner, subcontractors, and design professionals
- Photographs and videos from construction
- Material certifications and product data sheets
- Soil and geotechnical reports
- All insurance policies and claims files
- Marketing materials for the development
- HOA formation documents and transition records
- All prior defect claims and repairs for this property and development
Spoliation Warning: California recognizes independent tort claims for spoliation of evidence. Cedars-Sinai Med. Ctr. v. Superior Court (1998) 18 Cal.4th 1.
VIII. SETTLEMENT DEMAND
To resolve this matter without litigation, we demand:
Option A - Builder Repair:
1. Complete repair of all identified defects per Civ. Code Section 921
2. Repairs completed within 120 days of acceptance
3. All repairs warranted for applicable SB 800 periods
4. Payment of relocation costs during repairs
5. Payment of investigation and expert costs: $[AMOUNT]
6. Payment of attorney's fees incurred to date: $[AMOUNT]
Option B - Monetary Settlement:
Payment of $[AMOUNT] within 30 days, representing:
- Full cost of repair (contractor's estimate + contingency)
- Investigation and expert costs
- Consequential damages
- Attorney's fees
IX. MEDIATION
Pursuant to Civil Code Section 927, if we cannot agree on repairs or settlement, mediation is required before filing suit. We propose:
- Mediator: [NAME] or mutually agreed mediator from [MEDIATION SERVICE]
- Location: [CITY], California
- Timing: Within 60 days of impasse
X. CONCLUSION
Please acknowledge receipt of this notice and respond within the timeframes required by Civil Code Sections 913-917. Failure to comply with the statutory procedures may affect your defenses and our client's right to proceed directly to litigation.
Respectfully submitted,
[LAW FIRM NAME]
By: _________________________________
[ATTORNEY NAME]
State Bar of California No. [NUMBER]
[ADDRESS]
[CITY, CALIFORNIA ZIP]
[TELEPHONE]
[EMAIL]
Attorneys for [OWNER NAME]
ENCLOSURES:
[ ] Photographs of defects (dated and labeled)
[ ] Expert inspection report(s)
[ ] Repair estimates from licensed contractors
[ ] Copy of purchase agreement
[ ] Prior correspondence regarding defects
[ ] Test results and moisture readings
cc: [OWNER NAME]
[BUILDER'S INSURANCE CARRIER - via separate notice]
[DEVELOPER'S REGISTERED AGENT]
[SUBCONTRACTORS - as listed above]
Contractors State License Board (potential future complaint)
CALIFORNIA-SPECIFIC PRACTICE NOTES
SB 800 Applicability (Civ. Code Section 895):
- Applies to new residential construction sold after January 1, 2003
- Covers single-family homes, condos, townhouses, and multi-family (4 units or less)
- Does NOT apply to commercial construction or conversions
- Does NOT apply to owner-builder sales
Enhanced Protection Agreements (Civ. Code Section 912):
- Builders may offer enhanced protections beyond statutory minimums
- If provided, terms of EPA govern over default statutory provisions
- Request copy of EPA if unknown
CSLB Licensing:
- Verify license at www.cslb.ca.gov
- Unlicensed contractors cannot recover compensation
- CSLB complaints may result in disciplinary action and restitution
Common California Defects:
- Stucco and EIFS failures
- Window/sliding door water intrusion
- Deck and balcony waterproofing
- Hillside foundation issues
- Fire resistive construction defects (especially in WUI areas)
Class Action Considerations:
- Multiple unit developments often warrant class or representative actions
- HOA may have standing for common area defects
- Davis-Stirling Act governs HOA claims
Expert Requirements:
- CCP Section 411.35 requires certificate of merit for design professional claims
- Complex cases typically require multiple experts (water, structural, soils, etc.)
This template is for informational purposes only and does not constitute legal advice. California construction defect law is complex, with strict procedural requirements. Consult a licensed California attorney before use.