My contractor did bad work on my house in San Diego County. Can I sue, and how long do I have?
Based on an interview with Josué Cristóbal Guerrero, Founding Partner, recorded .
The short answer
Usually yes, if the numbers justify a construction defect case. A claim on your written contract is generally four years, property damage claims are often three, and ten years is the outer limit for hidden defects. These cases need an expert witness and typically take one to three years, so the amount at stake has to be substantial.
Those numbers need to be substantial to warrant the expensive process of hiring an expert, hiring an attorney, and litigating for one to three years typically.
The deadlines
Several clocks can apply at once. A claim for breaching a written contract is generally four years, and a claim for injury to real property is generally three. For hidden defects, the kind a reasonable inspection would not reveal, ten years after substantial completion is an outer limit, and a shorter deadline can expire first. Get your date from a lawyer now rather than counting on the ten years.
New homes have their own regime. The Right to Repair Act covers new residential units where the seller signed the purchase agreement on or after January 1, 2003. It has its own standards and pre-lawsuit steps. Ten years is its general outer limit, but some standards have much shorter deadlines, such as four years from close of escrow for plumbing and electrical systems. It also requires a one-year warranty on fit and finish items like cabinets, paint and trim.
If the contractor worked for the prior owner
If you never hired that contractor, you have no agreement with them, and you generally cannot sue them for contract damages. New homes are the main exception to keep in mind: the Right to Repair Act binds original purchasers and their successors, so a later buyer of a home covered by the Act may still have rights under it, subject to the same deadlines.
What a case looks like
You will need an expert witness, a contractor who can testify to what was done wrong, how it should have been done and what it will cost to fix.
In San Diego County, a case over the property is filed in the county's superior court, and where it lands depends on where the house is. The Central Courthouse is at 1100 Union Street, and the North County Regional Center serving Carlsbad and north county is in Vista.
- Code of Civil Procedure section 337. Four years for an action on a written contract.
- Code of Civil Procedure section 338. Three years for injury to real property.
- Code of Civil Procedure section 337.15. An outer limit of ten years from substantial completion for latent deficiencies.
- Civil Code section 938. The Right to Repair Act applies only to new residential units where the seller signed the purchase agreement on or after January 1, 2003.
- Civil Code section 896. The Act's standards, some with shorter deadlines such as four years from close of escrow for plumbing and electrical systems.
- Civil Code section 941. Except as the Act otherwise provides, an action under it must be brought within ten years of substantial completion.
- Civil Code section 945. The Act binds original purchasers and their successors in interest.
- Civil Code section 900. Builders must provide at least a one-year warranty on fit and finish items.
This answer is general information about California law and is not legal advice for any specific situation. Deadlines and exceptions turn on your facts. Code sections were checked against California Legislative Information on November 4, 2026.
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