Right to Repair Act (SB 800) construction defect claim: 10 years after substantial completion
120 months after date of substantial completion of the improvement, or the date a valid notice of completion was recorded if that is earlier, under Cal. Civ. Code 941(a), (d), (e).
Rule text
Civ. Code 941(a): "Except as specifically set forth in this title, no action may be brought to recover under this title more than 10 years after substantial completion of the improvement but not later than the date of recordation of a valid notice of completion." (d): "Sections 337.15 and 337.1 of the Code of Civil Procedure do not apply to actions under this title."
Calculate this deadline
- Trigger (Date of substantial completion of the improvement, or the date a valid notice of completion was recorded if that is earlier): Friday, November 6, 2026.
- Add 120 months: Thursday, November 6, 2036.
Cal. Civ. Code 941(a), (d), (e)
Civ. Code 941(a): "Except as specifically set forth in this title, no action may be brought to recover under this title more than 10 years after substantial completion of the improvement but not later than the date of recordation of a valid notice of completion." (d): "Sections 337.15 and 337.1 of the Code of Civil Procedure do not apply to actions under this title."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
- Displaces CCP 337.1 and 337.15 for SB 800 claims. Tolling under Civ. Code 927 (sb800_927_* rules) applies; SB 800 repairs otherwise do not extend the period (941(e)). The clause 'but not later than the date of recordation of a valid notice of completion' is textually unclear; lawyer should review how substantial completion is fixed.
- 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 substantial completion of the improvement, or the date a valid notice of completion was recorded if that is earlier on Monday, March 15, 2027, personal service: due Monday, March 16, 2037.
- Trigger (Date of substantial completion of the improvement, or the date a valid notice of completion was recorded if that is earlier): Monday, March 15, 2027.
- Add 120 months: Sunday, March 15, 2037.
- 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
Displaces CCP 337.1 and 337.15 for SB 800 claims. Tolling under Civ. Code 927 (sb800_927_* rules) applies; SB 800 repairs otherwise do not extend the period (941(e)). The clause 'but not later than the date of recordation of a valid notice of completion' is textually unclear; lawyer should review how substantial completion is fixed.
Related deadlines
- Construction patent defect: 4 years after substantial completion (48 months after)
- Construction patent defect, injury in 4th year: 1 year after injury (cap 5 years after completion; whichever is earlier) (12 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)
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.