Construction latent defect: 10-year repose measured from final inspection (whichever is earliest)

120 months after date of final inspection by the applicable public agency, under Cal. Code Civ. Proc. 337.15(a), (g).

Rule text

337.15. (a) No action may be brought to recover damages from any person, or the surety of a person, who develops real property or performs or furnishes the design, specifications, surveying, planning, supervision, testing, or observation of construction or construction of an improvement to real property more than 10 years after the substantial completion of the development or improvement for any of the following: (1) Any latent deficiency ... (2) Injury to property, real or personal, arising out of any such latent deficiency. ... (f) This section shall not apply to actions based on willful misconduct or fraudulent concealment. (g) The 10-year period specified in subdivision (a) shall commence upon substantial completion of the improvement, but not later than the date of one of the following, whichever first occurs: (1) The date of final inspection by the applicable public agency. (2) The date of recordation of a valid notice of completion. (3) The date of use or occupation of the improvement. (4) One year after termination or cessation of work on the improvement.

Cal. Code Civ. Proc. 337.15(a), (g), official source

Calculate this deadline

Deadline
Thursday, November 6, 2036
  1. Trigger (Date of final inspection by the applicable public agency): Friday, November 6, 2026.
  2. Add 120 months: Thursday, November 6, 2036.
Rules applied
Cal. Code Civ. Proc. 337.15(a), (g)
337.15. (a) No action may be brought to recover damages from any person, or the surety of a person, who develops real property or performs or furnishes the design, specifications, surveying, planning, supervision, testing, or observation of construction or construction of an improvement to real property more than 10 years after the substantial completion of the development or improvement for any of the following: (1) Any latent deficiency ... (2) Injury to property, real or personal, arising out of any such latent deficiency. ... (f) This section shall not apply to actions based on willful misconduct or fraudulent concealment. (g) The 10-year period specified in subdivision (a) shall commence upon substantial completion of the improvement, but not later than the date of one of the following, whichever first occurs: (1) The date of final inspection by the applicable public agency. (2) The date of recordation of a valid notice of completion. (3) The date of use or occupation of the improvement. (4) One year after termination or cessation of work on the improvement.
Official source
Cal. Code Civ. Proc. 12, 12a, 12b, 350
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." CCP 350: "An action is commenced, within the meaning of this Title, when the complaint is filed."
Official source
  • 10 years = 120 months. The 10-year period starts at substantial completion but no later than the FIRST of the (g)(1)-(4) events; the five 337.15 rules are alternatives and the deadline is whichever is earliest. Repose only: the ordinary limitations period still runs from accrual (337.15(d)). Does not cover personal injury or wrongful death (only (a)(1)-(2)); not available for willful misconduct or fraudulent concealment (f) or to a defendant in possession or control (e). Indemnity cross-complaints in a timely action are allowed (c). Substantial completion is determined per trade (g, last sentence). Residential construction under Civ. Code 941 (SB 800, not fetched) has its own 10-year rule. NOT APPLIED BY THE ENGINE: (1) accrual: the engine counts from the date you enter; the common-law discovery rule and delayed-accrual doctrines (Fox v. Ethicon Endo-Surgery, Inc. (2005) 35 Cal.4th 797; Norgart v. Upjohn Co. (1999) 21 Cal.4th 383), continuing-violation and continuous-accrual doctrines can move the start date, so enter the correct accrual date. (2) tolling: minority or lack of legal capacity (CCP 352), defendant's absence from California (CCP 351, limited by commerce-clause case law), imprisonment (CCP 352.1, max 2 years), equitable tolling, written waivers/tolling agreements (CCP 360.5), acknowledgment or part payment (CCP 360), bankruptcy (11 U.S.C. 108(c)), and Judicial Council Emergency Rule 9 (2020 Covid-19 tolling of civil limitations periods) are NOT applied. An action is commenced when the complaint is filed (CCP 350). Last day on a Saturday, Sunday or judicial holiday rolls to the next court day (CCP 12a; CCP 366.2(b)(1) confirms 12 and 12a apply to limitations periods).
  • 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.
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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 inspection by the applicable public agency on Monday, March 15, 2027, personal service: due Monday, March 16, 2037.

  1. Trigger (Date of final inspection by the applicable public agency): Monday, March 15, 2027.
  2. Add 120 months: Sunday, March 15, 2037.
  3. That day is a Sunday, so the deadline moves to the next court day: Monday, March 16, 2037 (Cal. Code Civ. Proc. 12, 12a, 12b, 350).

Notes

10 years = 120 months. The 10-year period starts at substantial completion but no later than the FIRST of the (g)(1)-(4) events; the five 337.15 rules are alternatives and the deadline is whichever is earliest. Repose only: the ordinary limitations period still runs from accrual (337.15(d)). Does not cover personal injury or wrongful death (only (a)(1)-(2)); not available for willful misconduct or fraudulent concealment (f) or to a defendant in possession or control (e). Indemnity cross-complaints in a timely action are allowed (c). Substantial completion is determined per trade (g, last sentence). Residential construction under Civ. Code 941 (SB 800, not fetched) has its own 10-year rule. NOT APPLIED BY THE ENGINE: (1) accrual: the engine counts from the date you enter; the common-law discovery rule and delayed-accrual doctrines (Fox v. Ethicon Endo-Surgery, Inc. (2005) 35 Cal.4th 797; Norgart v. Upjohn Co. (1999) 21 Cal.4th 383), continuing-violation and continuous-accrual doctrines can move the start date, so enter the correct accrual date. (2) tolling: minority or lack of legal capacity (CCP 352), defendant's absence from California (CCP 351, limited by commerce-clause case law), imprisonment (CCP 352.1, max 2 years), equitable tolling, written waivers/tolling agreements (CCP 360.5), acknowledgment or part payment (CCP 360), bankruptcy (11 U.S.C. 108(c)), and Judicial Council Emergency Rule 9 (2020 Covid-19 tolling of civil limitations periods) are NOT applied. An action is commenced when the complaint is filed (CCP 350). Last day on a Saturday, Sunday or judicial holiday rolls to the next court day (CCP 12a; CCP 366.2(b)(1) confirms 12 and 12a apply to limitations periods).

Related deadlines

All California statutes of limitations deadlines

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.