Actionable Defects

Civil Code Division 2, Part 2, Title 7, Chapter 2 deals with actionable defects in construction defect litigation in California.

Section 896 provides that, in any action seeking recovery of damages arising out of, or related to deficiencies in, the residential construction, design, specifications, surveying, planning, supervision, testing, or observation of construction, a builder, and to the extent set forth in Chapter 4, a general contractor, subcontractor, material supplier, individual product manufacturer, or design professional, is liable for, and the claimant’s claims or causes of action are limited to violation of, the specified standards, except as specifically set forth in this title. 

This title applies to original construction intended to be sold as an individual dwelling unit. As to condominium conversions, this title does not apply to or does not supersede any other statutory or common law.

With respect to water issues, there are eighteen specified issues.

With respect to structural issues, there are four specified issues.

With respect to soil issues, there are three specified issues.

With respect to fire protection issues, there are three specified issues.

With respect to plumbing and sewer issues, there are two specified issues.

With respect to electrical system issues, there are specified issues.

With respect to issues regarding other areas of construction, there are fifteen specified areas.

Section 897 states that the standards set forth in this chapter are intended to address every function or component of a structure. To the extent that a function or component of a structure is not addressed by these standards, it is actionable if it causes damage.