California’s SB 291 modifies key rules that govern defective workmanship claims, especially those involving latent defects. These changes affect how and when you can assert your legal rights if construction flaws emerge after a project is complete. Understanding the new timelines and definitions is essential if you’re dealing with substandard construction work.
Clarifying timelines for defect discovery
Under SB 291, the statute of limitations no longer strictly depends on the project’s completion date. Instead, it hinges on when you actually discovered—or reasonably should have discovered—the defect. This means you must be able to demonstrate the timing of your awareness to preserve your legal claim. It places greater emphasis on your due diligence and recordkeeping.
Expanded definition of workmanship defects
SB 291 broadens what constitutes a construction defect. It now includes flaws in systems critical to a building’s function, such as HVAC, plumbing, electrical, and roofing components. If any of these systems were installed improperly and those flaws impact safety or habitability, they fall under the scope of the statute. This gives you a wider basis for claims, provided you act within the updated time constraints.
Importance of detailed documentation
You should compile thorough records once a potential defect is observed. Photograph the issue, record the date, and note who noticed the problem and under what conditions. If a contractor or inspector confirms the problem, document their assessment. This evidence helps support your timeline under the revised statute and can be decisive if legal action becomes necessary.
If you identify a possible defect, don’t delay. Compare the defect’s discovery date to SB 291’s legal deadlines and consider expert evaluations to clarify the issue’s scope and origin. Proactive, well-documented responses are a defense in preserving legal remedies under the new framework.
