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Deconstructing Construction Defects

In California, the majority of construction defect claims for original residential construction are governed by the Right to Repair Act (Cal. Civil Code §§ 895-945.5) also commonly referred to as SB 800. The statutory framework of SB 800 defines what constitutes an actionable construction defect pursuant to enumerated ‘functionality standards’ for various components of construction. A violation of the functionality standards is actionable under the law and provides homeowners or community associations (hereinafter both referred to as ‘Homeowner(s)’) with a right to monetary compensation for the cost of repair and related damages. Homeowners are also entitled to recover reasonable investigative costs for each established violation. SB 800 additionally requires the parties to participate in a pre-litigation procedure designed to facilitate resolution and allow