CLAIM DEVELOPMENT - SB 800 TIMELINE

Passage of California Senate Bill 800 (Civil Code Section 895 et seq.) led to sweeping changes in California's laws for construction defect cases for homes and condos completed or closed escrow after January 1, 2003.  Below is a sample SB 800 Timeline.

* If the association requests mediation at any point before a repair is complete, the parties have 15 days from the date of the request to mediate the case.  (Civil Code § 919.)  If successful, the builder must, within seven days of completion of the mediation, schedule the repairs to commence, thus commencing the 120-day period for performing the repairs.  (Civil Code § 921.)  If mediation is unsuccessful, the association may initiate a court action.

Reasons why these time periods may be extended under SB 800:

• Builder requests to commence contractual procedures outside SB 800 (Civil Code 914)
• Commencement of Repairs subject to:
  • Availability of HOA/owners
  • Builder's contractor or alternative contractor
  • Mediation
  • When building permit is issued; builder to act diligently
  • Builder's desire to fix only part of defects/building standards violations identified. (Civil Code 924)
  • Agreement of parties to extend time limits.(Civil Code 930) 
  • If new claims are subsequently discovered, unless related to the same violated building standards in the current claim, a new SB 800 process has to start (unless builder stipulates) 

  Tolling of Statutes:

  • If applicable statutes of limitations have otherwise run, the time period for filing a complaint is extended by:
    • 100 days after repair is completed or 45 days after the time for responding to the notice of claim has expired