Construction patent defect, injury in 4th year: 1 year after injury (cap 5 years after completion; whichever is earlier)
12 months after date of the injury (injury occurring during the fourth year after substantial completion), under Cal. Code Civ. Proc. 337.1(b).
Rule text
(b) If, by reason of such patent deficiency, an injury to property or the person or an injury causing wrongful death occurs during the fourth year after such substantial completion, an action in tort to recover damages for such an injury or wrongful death may be brought within one year after the date on which such injury occurred, irrespective of the date of death, but in no event may such an action be brought more than five years after the substantial completion of construction of such improvement.
Calculate this deadline
- Trigger (Date of the injury (injury occurring during the fourth year after substantial completion)): Friday, November 6, 2026.
- Add 12 months: Saturday, November 6, 2027.
- That day is a Saturday, so the deadline moves to the next court day: Monday, November 8, 2027 (Cal. Code Civ. Proc. 12, 12a, 12b, 350).
Cal. Code Civ. Proc. 337.1(b)
(b) If, by reason of such patent deficiency, an injury to property or the person or an injury causing wrongful death occurs during the fourth year after such substantial completion, an action in tort to recover damages for such an injury or wrongful death may be brought within one year after the date on which such injury occurred, irrespective of the date of death, but in no event may such an action be brought more than five years after the substantial completion of construction of such 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
- Alternative 1 of 2: whichever is earlier of this date and construction_patent_4th_year_outer_337_1b_5yr. Outer limit (repose) only; the ordinary limitations period for the claim (e.g., 337, 338, 335.1) still runs from accrual and can expire first (337.1(c)). Not available to a defendant in possession or control (337.1(d)). Does not apply to an owner-occupied single-unit residence (337.1(f)). For residential construction defects, Civ. Code 895 et seq. (SB 800; Civ. Code 941) may govern; not fetched for this set. 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.
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 the injury (injury occurring during the fourth year after substantial completion) on Monday, March 15, 2027, personal service: due Wednesday, March 15, 2028.
- Trigger (Date of the injury (injury occurring during the fourth year after substantial completion)): Monday, March 15, 2027.
- Add 12 months: Wednesday, March 15, 2028.
Notes
Alternative 1 of 2: whichever is earlier of this date and construction_patent_4th_year_outer_337_1b_5yr. Outer limit (repose) only; the ordinary limitations period for the claim (e.g., 337, 338, 335.1) still runs from accrual and can expire first (337.1(c)). Not available to a defendant in possession or control (337.1(d)). Does not apply to an owner-occupied single-unit residence (337.1(f)). For residential construction defects, Civ. Code 895 et seq. (SB 800; Civ. Code 941) may govern; not fetched for this set. 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
- Construction patent defect: 4 years after substantial completion (48 months after)
- Construction patent defect, injury in 4th year: outer limit 5 years after substantial completion (whichever is earlier) (60 months after)
- Construction latent defect: 10-year repose measured from substantial completion (whichever is earliest) (120 months after)
- Construction latent defect: 10-year repose measured from final inspection (whichever is earliest) (120 months after)
- Construction latent defect: 10-year repose measured from notice of completion recorded (whichever is earliest) (120 months after)
- Construction latent defect: 10-year repose measured from use or occupation (whichever is earliest) (120 months after)
- Construction latent defect: 10-year repose measured from cessation of work (1 year + 10 years) (whichever is earliest) (132 months after)
- Right to Repair Act (SB 800) construction defect claim: 10 years after substantial completion (120 months 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.