Statute of Limitations in New Home Construction ActionsWe Focus on Construction Defect Litigation on a Contingency Fee Basis

California Construction Defect Attorney – Statute of Limitations in New Home Construction Actions

Construction defect lawyer, Robert Finkle, gives a live legal report on the Mark Montgomery Show, Talk 650am KSTE as heard every Saturday morning from 6-8am. In his report Robert gets back to the basics of Anderson Schoech and talks about the statute of limitations in new home construction actions.

Generally a statute of limitation is a law created by the Legislature that says you are barred from bringing a lawsuit after a certain amount of time has passed. Being barred by a statute of limitations does not mean your person or property isn’t injured, it just means you waited too long to pursue your remedy. In the case of new home construction, the Legislature has done a fine job of making the statute of limitations as complicated as possible.

The way the law used to be, you would have 3 to 4 years from the discovery of a problem and up to 10 years to file a lawsuit. However the law recently changed and for homes built after January 1, 2003 it gets dicey.

  • For example, you now have a firm 1 year from the close of escrow to file a lawsuit for defects to irrigations systems but 2 years to sue for issues with landscaping.
  • And you have 2 years from the close of escrow to sue for issues with wood fencing but 4 years for issues with steel and composite fencing.
  • You get 4 years from the close of escrow to file a lawsuit for defects with plumbing or electrical issues, driveway and concrete flatwork issues;
  • 5 years for exterior paint but only 1 year for fit and finish items like interior paint, cabinetry, mirrors, and flooring.
  • The same 10 year outside statute applies under the new law so once your 10 years out, you’re out of luck. Did you get all that?

The point to be made is how incredibly complex it is to go on your own if you’re having issues with your new home builder. Schoech Law Group has been navigating these issues since the late 70’s and if you’re having an issue with a new home builder, you should contact us for a free consultation.


Call us now at (916) 569-1940 to speak with a Sacramento construction defect lawyer at a no-cost consultation. Let us help you protect your home!

We Focus on Construction Defect Litigation on a Contingency Fee Basis

Schoech Law Group, PC
4020 Lennane Dr #102 | Sacramento,CA95834
Tel: (916) 569-1940 | Fax: (916) 569-1939
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