California Construction Defect Statute of Repose: Ten Years Under CCP § 337.15
Reviewed and current as of August 31, 2026. California law can change; verify against the current statute before relying on any date.
No action may be brought to recover damages for a latent deficiency in the design or construction of an improvement to real property more than ten years after substantial completion.
This is a statute of repose, not a limitations period: it runs from completion regardless of when the defect is discovered, and can bar a claim before it accrues.
Source: California Code of Civil Procedure section 337.15 (latent); section 337.1 (patent) (as of August 31, 2026).
What the statute says
Section 337.15 bars actions to recover damages from any person for latent deficiencies in the design, survey, planning, supervision, or construction of an improvement to real property more than ten years after substantial completion. Patent deficiencies — those observable on reasonable inspection — carry a shorter four-year repose under section 337.1.
Repose operates differently from a limitations period. A limitations period runs from accrual and can be postponed by the discovery rule; a repose period runs from a fixed event and can extinguish a claim before the plaintiff ever knew of the defect. The ordinary three-year period for injury to real property in section 338(b) still applies within the repose window, so both must be satisfied.
| Defect type | Repose period | Statute |
|---|---|---|
| Latent (not apparent on reasonable inspection) | 10 years from substantial completion | Code of Civil Procedure section 337.15 |
| Patent (apparent on reasonable inspection) | 4 years from substantial completion | Code of Civil Procedure section 337.1 |
What counts as substantial completion
The ten-year period commences on substantial completion, which the statute measures from whichever of the following occurs first: the date of final inspection by the applicable public agency; the date of recordation of a valid notice of completion; the date of use or occupation of the improvement; or one year after termination or cessation of work on the improvement.
Because the earliest of those four dates controls, the repose clock frequently starts sooner than parties assume — occupation or cessation of work can precede formal completion documents by a considerable margin.
Key exceptions and tolling
- Willful misconduct and fraudulent concealment.The statute provides exceptions where the defect results from willful misconduct or was fraudulently concealed, which can remove the repose bar.
- Patent defects are four years.Deficiencies apparent on reasonable inspection are governed by the four-year repose in section 337.1 rather than the ten-year period.
- The underlying limitations period still applies.Repose sets an outer boundary only. The three-year period for injury to real property in section 338(b), or the four-year written-contract period in section 337, must independently be satisfied.
- Right to Repair Act.For qualifying residential construction, the Right to Repair Act (Civil Code section 895 et seq.) supplies its own framework and component-specific periods that must be analyzed alongside the repose statutes.
- Personal injury from a defect.Bodily injury caused by a construction defect carries the two-year period in section 335.1, which will usually expire long before the repose period does.
Frequently asked
How long do you have to sue for construction defects in California?
Latent defects are barred more than ten years after substantial completion under Code of Civil Procedure section 337.15; patent defects are barred after four years under section 337.1. These are repose periods, and the ordinary limitations period for the underlying claim must also be satisfied. This is general information, not legal advice.
When does the ten-year construction defect clock start in California?
On substantial completion, measured from whichever occurs first: final inspection by the applicable public agency, recordation of a valid notice of completion, use or occupation of the improvement, or one year after termination or cessation of work. The earliest of those four controls.
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Not legal advice. This page is general information for licensed attorneys and is not a substitute for independent legal research or professional judgment. It does not address the facts of any specific matter. Statutes, case law, and court rules change; tolling, the discovery rule, equitable estoppel, and claims involving minors, government entities, or out-of-state defendants can all change the applicable deadline. Confirm every date against the current text of California Code of Civil Procedure sections 337.15 and 337.1 and controlling case law. Using this page does not create an attorney-client relationship.
Statutory citations current as of August 31, 2026.