General contractor's reallocation of defense fees among subcontractors: within 30 days following final resolution of the claim, on subcontractor's request
30 days after date of final resolution of the claim (settlement or judgment), where a subcontractor has requested reallocation, under Cal. Civ. Code 2782.05(f).
Rule text
If, upon request by a subcontractor, a general contractor or construction manager does not reallocate defense fees to subcontractors within 30 days following final resolution of the claim, the subcontractor shall have the right to pursue a claim against the general contractor or construction manager for any resulting compensatory damages with interest, from the date of final resolution of the claim, at the rate set forth in subdivision (g) of Section 3260.
Calculate this deadline
- Trigger (Date of final resolution of the claim (settlement or judgment), where a subcontractor has requested reallocation): Friday, November 6, 2026.
- Exclude the trigger day and count 30 calendar days: Sunday, December 6, 2026.
- That day is a Sunday, so the deadline moves to the next court day: Monday, December 7, 2026 (Cal. Code Civ. Proc. 12, 12a, 12b; Cal. Gov. Code 6800, 6707 (state agency filings); Fed. R. Civ. P. 6(a) (federal statutes and federal court filings)).
Cal. Civ. Code 2782.05(f)
If, upon request by a subcontractor, a general contractor or construction manager does not reallocate defense fees to subcontractors within 30 days following final resolution of the claim, the subcontractor shall have the right to pursue a claim against the general contractor or construction manager for any resulting compensatory damages with interest, from the date of final resolution of the claim, at the rate set forth in subdivision (g) of Section 3260.Official source
Cal. Code Civ. Proc. 12, 12a, 12b; Cal. Gov. Code 6800, 6707 (state agency filings); Fed. R. Civ. P. 6(a) (federal statutes and federal court filings)
CCP 12: "The time in which any act provided by law is to be done is computed by excluding the first day, and including the last, unless the last day is a holiday, and then it is also excluded." CCP 12a(a): "If the last day for the performance of any act provided or required by law to be performed within a specified period of time is a holiday, then that period is hereby extended to and including the next day that is not a holiday. For purposes of this section, “holiday” means all day on Saturdays, all holidays specified in Section 135 and, to the extent provided in Section 12b, all days that by terms of Section 12b are required to be considered as holidays." Gov. Code 6707: "When the last day for filing any instrument or other document with a state agency falls upon a Saturday or holiday, such act may be performed upon the next business day with the same effect as if it had been performed upon the day appointed." FRCP 6(a): "The following rules apply in computing any time period specified in these rules, in any local rule or court order, or in any statute that does not specify a method of computing time. (1) ... (A) exclude the day of the event that triggers the period; (B) count every day, including intermediate Saturdays, Sundays, and legal holidays; and (C) include the last day of the period, but if the last day is a Saturday, Sunday, or legal holiday, the period continues to run until the end of the next day that is not a Saturday, Sunday, or legal holiday."Official source
- AMBIGUITY: the text runs the 30 days from final resolution but conditions it on a subcontractor's request; timing of the request is not specified. Applies to construction contracts entered into on or after Jan. 1, 2013, excluding residential construction subject to SB 800, public-agency and owner direct contracts, wrap-up programs, and other exclusions in 2782.05(b). Parties may mutually agree on timing (2782.05(e)). Section added by Stats. 2011, ch. 707 (SB 474).
- If the clerk's office is closed or inaccessible on the last day (weather, emergency or local closure orders), the deadline may be extended. Check local orders.
This calculator applies the cited rules to the dates you enter. It is not legal advice. Court orders, local rules, and case-specific facts can change a deadline; verify before relying on it. Rule set pending attorney review.
Worked example
Date of final resolution of the claim (settlement or judgment), where a subcontractor has requested reallocation on Monday, March 15, 2027, personal service: due Wednesday, April 14, 2027.
- Trigger (Date of final resolution of the claim (settlement or judgment), where a subcontractor has requested reallocation): Monday, March 15, 2027.
- Exclude the trigger day and count 30 calendar days: Wednesday, April 14, 2027.
Notes
AMBIGUITY: the text runs the 30 days from final resolution but conditions it on a subcontractor's request; timing of the request is not specified. Applies to construction contracts entered into on or after Jan. 1, 2013, excluding residential construction subject to SB 800, public-agency and owner direct contracts, wrap-up programs, and other exclusions in 2782.05(b). Parties may mutually agree on timing (2782.05(e)). Section added by Stats. 2011, ch. 707 (SB 474).
Related deadlines
- Subcontractor's written election to defend general contractor's tendered claim: within a reasonable time and no later than 30 days after receipt of tender (30 days after)
- Subcontractor electing to pay instead of defend: pay reasonable allocated share of defense fees within 30 days of receipt of each invoice (30 days after)
Rules current as of 2026-10-27. Confirm against the official source and any local rule or court order before relying on a date. Rules changelog.