What is SB 800, and how does it affect construction defect litigation?
Senate Bill 800 was enacted in 2002 and modified slightly on January 1, 2004 with the enactment of Assembly Bill 903. SB 800 is codified at Civil Code Sections 895 et seq. and applies to new construction of single-family homes or attached residential units sold after January 1, 2003. Prior to the enactment of SB 800, Code of Civil Procedure Section 337.15 provided a 10-year statute of limitations for latent defects, i.e., defects that are not readily visible, and Code of Civil Procedure Section 337.1 provided a 4-year statute of limitations for patent defects, i.e., defects that are readily discoverable or apparent. However, Code of Civil Procedure Sections 337.1 and 337.15 do not apply to actions brought under SB 800. (Civ. Code Sec. 941(d)). Instead, with few exceptions, Civil Code Section 941(a) sets forth a 10-year statute of limitations following substantial completion of the improvement. The builder is not permitted to shorten the time period or decrease its statutory obligations
