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Aug 19, 2026
Finding water intrusion, cracking, faulty windows, or some other problem with a newer home does not always entitle the homeowner to file a claim against the builder. California has a law known as SB 800 Right to Repair, which establishes construction standards and a pre-litigation procedure that applies to many residential construction defect claims.
California homeowners and homeowners’ associations in Orange County should know about SB 800 before filing a construction claim. Orange County civil court may dismiss a claim if the homeowner did not complete the required pre-litigation process.
What Is California’s SB 800 Right to Repair Law?
SB 800, or the Right to Repair Act, applies to certain residential construction. SB 800 matters can be important to homeowners because they do not need to wait until a defect causes other damage to the property. According to the California Supreme Court, homeowners can pursue construction defects covered by SB 800’s standards without the need for consequential property damage or personal injury to occur.
New home construction is a major investment right here in Orange County. During 2024, there were 6,162 permits filed for new housing units, which translates to nearly $1.47 billion worth of construction. When thousands of new homes are entering our local housing market each year, it’s important for homeowners and HOAs to know how California law works when defects are discovered during construction.
What Homeowners Must Do Before Filing a Claimf
Civil Code § 910 lays out the notice requirement, which generally starts the pre-litigation process. Prior to filing a claim alleging a violation of the construction standards, a homeowner must give the builder written notice that describes the alleged defects with reasonable detail.
The builder then has a chance to respond and inspect the claimed defects. If the builder chooses to inspect the home, the homeowner must allow access in most cases, if deemed reasonable. Following an inspection, the builder can try to offer repairs under the statute.
These steps should all be documented. Save the written notice given to the builder and keep a copy of the builder’s response. Records of the inspection can also be crucial if the matter goes to litigation.
Does SB 800 Apply to Orange County HOAs?
Many homeowners associations qualify for the protections of the act. Under Civil Code § 945, associations possess the legally defined rights and are treated as original purchasers when it comes to enforcing SB 800.
This means that if the construction defects affect common areas of a property, an HOA may be able to pursue the builder for those defects. An Orange County HOA may notice defects with building exteriors, roofs, and other areas shared between homeowners. You must check if SB 800 is applicable and complete the required pre-litigation steps before you file a claim.
HOAs should also save documentation of when the construction defects were discovered and how the builder responded after getting notice.
When Should You Hire a Construction Lawyer?
Consider hiring a construction lawyer before sending any formal notice to the builder if there are extensive defects or the builder has already denied responsibility for the problem. Construction lawyers know what SB 800 standards apply and how to draft the required notice to trigger the pre-litigation process. An attorney can also review any proposed repairs and make sure the builder has complied with SB 800.
If the problem is not fixed after completing the pre-litigation process, your Orange County construction attorney can review potential claims and prepare your construction case. Hire a construction lawyer as soon as possible.
Engels-O’Brien Can Help
Engels-O’Brien handles construction disputes for California residents. Chris Engels used to be a construction contractor with 25 years of experience before he decided to become a lawyer. Chris worked on construction projects and knows how defects occur. Engels-O’Brien reviews SB 800 claims for our clients and can represent you in court if necessary.
The Orange County Superior Courthouse handles civil litigation in Orange County. The Central Justice Center, located at 700 Civic Center Drive West, Santa Ana, CA 92701, serves residents from all over Orange County. Your case may be heard at this courthouse if your trial proceeds to litigation. We can assist you in court and help you understand construction laws.
FAQs
Does SB 800 Apply to Remodels?
SB 800 usually does not cover remodels. The California SB 800 Right to Repair Act applies to newly constructed homes intended to be sold to individual homeowners, as opposed to typical remodeling work performed after sale of the property. Therefore, any construction flaw stemming from a later home renovation, addition, or similar upgrade might fall under different California building regulations and the terms of the remodeling agreement.
How Long Does a Construction Defect Claim Take?
A construction defect claim in California can take a year or longer to resolve. Every case is different, depending on how many parties are involved, how many issues are in dispute, the extent of inspections, the discovery process, and whether the case settles before trial. SB 800 can add additional time, as the builder typically may want to inspect the property and provide a repair offer under SB 800 before a homeowner files a claim.
What Is an Example of a Construction Defect Claim?
Water intrusion is one common type of construction defect claim. The California Civil Code sets forth standards for water that enters through improperly installed windows, doors, roofs, or other exterior components. Other types of structural issues can also form the basis of a construction defect claim. The statute, for example, also addresses serious foundation cracks as well as construction that makes a home unsafe.
Can a Homeowner File a Claim Against a Builder Before Giving Them Time to Repair?
Typically, a homeowner cannot necessarily file a claim against a builder before giving them time to repair, as the law requires the homeowner to notify the builder and allow them to inspect the property. However, if a builder does not comply with the statutory procedure, the homeowner may be allowed to file a claim without completing the remaining pre-litigation requirements.
Call Our Offices Today
If you have discovered defects in your Orange County home or HOA property, Engels-O’Brien can help you understand your rights under SB 800 and the steps required before filing a claim. Contact our firm to discuss your construction defect concerns and determine the appropriate next steps.
