CALIFORNIA SENATE BILL 800(SB800)
California State Senate Bill SB800 outlines the specific entitlements and requirements granted to the original homeowner to pursue legal action against the original developer for any construction defects. These include the applicable standards for home construction, the statute of limitations, the burden of proof, the recoverable damages, a comprehensive pre-litigation procedure, and the obligations of the homeowner.
California Senate Bill 800 (SB 800), also known as the “Right to Repair” law, is a state law that was enacted in California in 2003. The bill outlines specific standards and guidelines for residential construction and sets out the rights and obligations of homeowners and developers regarding construction defects.
SB 800 “establish(es) rights and procedures which allow a homeowner in a new development to recover for construction defects even where there is no actual property damage to other property yet, and where the only “defect” is the bad work or defective product itself. . . ”The McCaffrey Group, Inc. v. Superior Court(2014) 224 Cal. App. 4th 1330, 1342-1343.
SB 800 requires that developers provide a written warranty to homeowners, that includes coverage for certain construction defects for a period of 10 years. It also establishes a pre-litigation process for homeowners to follow to resolve disputes with developers over construction defects, including a requirement for developers to participate in an inspection and repair process before any legal action can be taken.
Additionally, SB 800 sets out specific standards for construction defects related to plumbing, electrical, roofing, and other areas of residential construction. The bill also outlines the process for calculating damages and specifies the statute of limitations for filing a lawsuit related to construction defects.
Overall, SB 800 aims to protect the rights of homeowners and provide a clear framework for resolving construction defect disputes in California.
HERE ARE THE STEPS THAT A HOMEOWNER CAN TAKE TO MAKE AN SB800 CLAIM:
- Notify the builder: The homeowner should notify the builder of the defects in writing, providing a detailed description of the problem and any relevant documentation, such as photographs or inspection reports. The builder has 14 days to respond to the homeowner’s claim.
- Meet and confer: If the builder does not respond or rejects the claim, the homeowner can request a “meet and confer” meeting, which is a face-to-face meeting between the homeowner, the builder, and their respective legal representatives. The purpose of the meeting is to try to resolve the dispute and avoid going to court.
- Mediation: If the meet and confer meeting is unsuccessful, the homeowner can request mediation. Mediation is a non-binding process in which a neutral third party tries to help the parties reach a settlement.
- Arbitration or litigation: If mediation does not lead to a resolution, the homeowner can either choose to pursue arbitration or file a lawsuit. Arbitration is a binding process in which a neutral third party makes a final decision on the dispute. Litigation involves taking the matter to court and having a judge or jury decide the case.
It’s important to note that the SB800 claim process has strict timelines and requirements, so it’s best to consult with a qualified attorney who specializes in construction defect law to guide you through the process.
If you would like more information or have additional questions contact Arthur Goodrich at 415.735.8779.