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Statute of Limitations for Construction Defect Claims

To determine the statute of limitations for construction defect claims, there are two types of construction defects: (a) patent construction defects, and (b) latent construction defects. Depending on what type of defect you have, a different statute of limitations could apply. A patent construction defect is the type of defect that an average consumer, during the course of a reasonable inspection, would discover. (See Creekridge Townhome Owners Ass’n, Inc. v. C. Scott Whitten, Inc. (2009) 177 Cal.App.4th 251, 256). For patent construction defects, the statute of limitations is four years from when the construction is substantially completed. (Code Civ. Proc. § 337.1). In contrast, a latent construction defect is one that is “not apparent by reasonable inspection.” (Code Civ. Proc. § 337.15). Due to the nature of the defect, analyzing

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Zachary D. Schorr has been named to the Southern California Super Lawyers (Rising Stars) list for attorneys in Real Estate for 5 straight years - 2012, 2013, 2014, 2015 and 2016. Each year, no more than 2.5 percent of the lawyers in the state receive this honor. In 2016 he was also included as one of the top 100 lawyers in Southern California in this category. The selection for this respected list is made by the research team at Super Lawyers.

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