Answer FileConstruction

Does California's Right to Repair Act apply to remodels?

The answer, cited

No. The Right to Repair Act covers new residential units sold on or after January 1, 2003 (Civil Code sections 895, 938), remodels, additions, and repairs fall outside it. Defect claims for remodel work proceed on contract, warranty, and negligence theories, within the four-year patent and ten-year latent defect deadlines.

The Right to Repair Act (Civil Code section 895 et seq.) is narrower than its reputation. It applies to new residential units purchased on or after January 1, 2003 (section 938), original construction sold to a homeowner. Remodels, additions, renovations, and repair work are outside the Act, so its building standards and mandatory pre-litigation notice process do not govern them. A California homeowner with defective remodel work instead sues on the contract, on express or implied warranties, or in negligence, and the general defect deadlines control: four years for patent defects that are apparent on reasonable inspection (Code of Civil Procedure section 337.1) and ten years for latent defects (section 337.15), both measured from substantial completion. The trade-off cuts both ways: no statutory repair right for the contractor, and no statutory process delaying the homeowner. The paperwork rules still apply: home improvement contracts have mandatory statutory content under Business and Professions Code section 7159, and violations shape later disputes.

Authority: Cal. Civ. Code § 938

Source: Cal. Civ. Code § 938 · Checked: · Maintained by the California Attorney Registry from official State Bar of California records. Legal information, not legal advice.

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