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SB 800 Investigation Specialists

SB 800 has entirely redefined the rights and responsibilities of purchasers, sellers and builders with regard to construction deficiencies.

Construction defect actions involving the sale of new residential units (or common facilities in a common interest development) that are sold on or after January 1, 2003 are governed by Civil Code § 986, et seq., also commonly referred to as “SB 800″ (referring to Senate Bill 800 which enacted this law) or the “Builder’s Right to Repair Law” (the name the bill had when it was making its way through the legislative process). This law applies to new residential units “where the purchase agreement with the buyer was signed by the seller on or after January 1, 2003.” (Civil Code § 938; Also see Civil Code § 911, Civil Code § 938 [“‘Builder’ means builder, developer, or original seller and applies to the sale of new residential units on and after January 1, 2003.”].) This new law applies to individual homeowners and homeowner associations alike. (Civil Code § 895(f).)

This statutory act completely redefines what is considered to be a construction deficiency through adoption of “functionality standards”. These “functionality standards” prescribe how certain residences and their components should function. This statutory act also imposes strict time lines, builder obligations, purchaser obligations, and pre-lawsuit meet and confer requirements which must be complied with. The all encompassing nature of the changes included within this act are best summarized in Civil Code § 896, which states: “[A] builder … shall be liable for, and the claimants claims or causes of action shall be limited to violation of the following standards.” These functionality standards are set forth in Civil Code Section 896.

Homeowners and Homeowner Associations must promptly file claims within short new statutory timelines: their failure to do so will result in the loss of their rights, no matter how meritorious their claims may be.

Having a construction defect investigation firm, such as Construction Defect Consultants (CDC) understand these laws will assist you and complement your case preparation, and promote early resolution through intrinsic knowledge of the subject matter and how it relates to the defects present in the project.

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