California Construction Warranty Law

The difference between the states in their treatment of contractor warranties is in the details. All states are covered by federal laws concerning warranties, all states allow for express warranties between contractors and those that hire them, and all states have laws that create implied warranties. Some state laws also create or require express warranties.

The laws that each state passes to create these warranties vary. Since these laws are a form of consumer protection, it may come as no surprise that California has stronger rules for contractors to abide by than many other states.

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How long does a contractor have to warranty his work in California?

California’s construction warranty laws are found in Title Seven of the California Code: Requirements for Actions for Construction Defects.

This is a one-year implied warranty for both new construction and remodeling projects. The property owner who wishes to take advantage of this warranty must file a complaint within one year.

The owner must first notify the contractor or whoever is responsible for the construction defect in writing of any defects under California Civil Code section 917, then file a legal complaint if the contractor fails to act to make repairs within a reasonable time. Generally, the complaint will be heard in small-claims court, and the owner will be responsible for the associated court costs.

Alternatively, the owner may make a complaint with the Contractor’s State License Board (CSLB), who can help to investigate and resolve the complaint. If the owner chooses to file with the state licensing board, the time limit is the same as the statute of limitations to file in court.

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What is the express contractor’s warranty in California?

California Civil Code section 900 warranties require contractors to provide an express written warranty of at least one year as to the fit and finish of floors, walls, and various fixtures. If a general contractor’s one year warranty is not provided, the law will create a one-year implied warranty.

California law also states that the licensed contractor must provide a warranty guaranteeing that items installed under the contractor’s license are free from defective installation. The installation must comply with both local building codes and manufacturer installation requirements.

If a product is damaged due to defective installation, the contractor may be held liable for the cost of repairs and damages.

How long is a general contractor liable?

This warranty extends for four years after the completion of a job.

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What additional warranties are required under California law?

Finally, under California law, both the contractor and engineer who signs off on a project must provide a 10-year structural warranty, which includes latent defects such as unstable building sites, foundation integrity, and roofing work.

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How long are California Warranties?

California law creates a lot of warranties that contractors must abide by, many that last for different lengths of time. Here is a non-exhaustive list of warranties concerning new construction in California.

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One-Year Warranties:

• The length of the warranty for “fit and finish” of flooring, walls, countertops, cabinets, paint, and trim is one year, as established in the California Civil Code section 900.

• The length of the warranty for products manufactured offsite, including appliances such as refrigerators and HVAC units, is also one year, as established in California Civil Code section 896(g)(3).

• The length of time contractors must warrant that construction will comply with building codes concerning noise transmission is one year, as established in California Civil Code section 896(g)(6).

• Contractors must also warrant the irrigation, drainage, and landscaping systems for one year, as established in California Civil Code sections 896(g)(7) and (g)(12).

Two-Year Warranties:

• Wood posts have a two-year warranty for “unreasonable decay” caused by contact with soil, per California Civil Code section 896(g)(8).

• There’s a two-year warranty on dryer ducts as established in California Civil Code section 896(g)(14).

Four-Year Warranties:

• California Civil Code section 896(e) provides a four-year warranty on plumbing and sewer systems.

• California Civil Code section 896(f) provides a four-year warranty on electrical systems.

• There’s also a four-year warranty on exterior pathways, driveways, hardscape, sidewalls, sidewalks, and patios per California Civil Code section 896(g)(1).

• California Civil Code section 896(g)(9) provides a four-year warranty on untreated steel fences and adjacent components.

Longer Warranties:

• Paint and stains causing deterioration of building surfaces are under a five-year warranty per California Civil Code section 896(g)(10).

• California Civil Code sections 896 and 941 provide a 10-year warranty for all other components of new construction not referenced in other warranties. This includes retaining walls, support beams, foundations, and other components.