Exceeding Your Expectations

Construction Defect Litigation

California law protects both homeowners and homeowner associations faced with construction deficiencies by affording them the right to bring a construction defect action against their builder within 10 years of original construction. However, owners of homes constructed after January 1, 2003, may have as little as 1 year from the close of escrow to bring a construction defect lawsuit against their builder.

The JCL Law Firm's primary goal in a construction defect action is to recover enough compensation for its clients to make necessary repairs.  The firm emphasizes a well-planned, thorough, yet cost-effective investigation, coupled with aggressive legal representation to achieve this goal.   

The firm represents our construction defect clients on a contingency basis. This means we don't get paid a legal fee unless we recover money for you, our client.  In most cases, we advance the costs of litigation. Therefore, there are no upfront costs to the firm's clients. If you believe your home or condominium suffers from a construction defect, call the JCL Law Firm at 1-888-498-6999 for a free consultation.

Construction Defect Defined

"Construction Defect" is a legal term of art encompassing many different types building deficiencies.  A "construction defect" can include building code violations caused by original construction, variations from approved building plans, poor workmanship and defective building materials, just to name a few.  Not every "construction defects" is actionable under California law.  That is, a homeowner cannot always sue his or her builder merely because his or her home contains a "construction defect."  The California legislature defined an actionable "construction defect" at California Civil Code § 896. There, the California legislature defined nearly 50 actionable construction defects.

Common Construction Defects   

  • roof leaks
  • window leaks
  • shower leaks
  • plumbing leaks
  • deck leaks
  • improper insulation
  • inadequate drainage
  • inadequate soil compaction
  • expansive soils
  • collapsible soils
  • slab cracks
  • stucco cracks
  • drywall cracks
  • cracked floor tiles

Construction Defect Claim Procedure

In 2001, the California legislature passed “SB800” also known as California’s “Right to Repair Law.” The “Right to Repair Law” applies to all residential construction completed or sold after January 1, 2003. The “Right to Repair Law” does not apply to either condominium conversations or commercial property. The “Right to Repair Law” represented a monumental shift in residential construction defect litigation designed to resolve claims prior to litigation by allowing homebuilders the absolute right to repair construction defects. At the heart of the “Right to Repair Law” is a statutory pre-litigation process that a homeowner must complete prior to filing a lawsuit for construction defects. This complicated process is often frustrated by savvy homebuilders’ prying on a homeowner’s unfamiliarity with the “Right to Repair Law.” A homeowner’s inability to comply with the strict statutory process will preclude the filing of a construction defect lawsuit. For that reason, it is best to consult with an experienced construction defect attorney prior to initiating any construction defect claim.

If you believe you have a construction defect in your home, condo or commercial building, please contact the experienced construction defect attorneys at the JCL Law Firm at 1-888-498-6999 for your free consultation.   


  • 10200 Willow Creek Road, Suite 150
  • San Diego, CA 92131
Disclaimer: This web site is designed to provide general information only. The information provided is presented for informational purposes and should not be construed to constitute legal advice nor is it intended to create an attorney/client relationship. Our law offices require the execution of a written retainer agreement before any legal services are rendered.