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HomeCivil CodeDiv. 2Pt. 2Ch. 5§ 942 Homeowner Construction Standards Claim

§ 942 Homeowner Construction Standards Claim

Civil Code·California
AI Summary·Official Text·Key Terms·Related Statutes·References
AI SummaryVerified

§ 942 Homeowner Construction Standards Claim

Key Takeaways

  • •If your new house has problems because of bad building work, you can complain without proving who caused it or how much it cost you.
  • •You just need to show that the house doesn’t meet the building rules.
  • •The problem must be from when the house was first built, not from something that happened later.
  • •The builder can defend themselves if they have a good reason, like if the problem was your fault.

Example

You buy a new house, and after a few months, you notice the roof leaks every time it rains.

You can complain to the builder because the roof should have been built right the first time. You don’t have to prove how the roof was built wrong or how much it will cost to fix it. You just need to show that the roof leaks and it’s because of bad building work when the house was made.

AI-generated — May contain errors. Not legal advice. Always verify source.

Official Source
View on CA.gov

§ 942 Homeowner Construction Standards Claim

In order to make a claim for violation of the standards set forth in Chapter 2 (commencing with Section 896), a homeowner need only demonstrate, in accordance with the applicable evidentiary standard, that the home does not meet the applicable standard, subject to the affirmative defenses set forth in Section 945.5. No further showing of causation or damages is required to meet the burden of proof regarding a violation of a standard set forth in Chapter 2 (commencing with Section 896), provided that the violation arises out of, pertains to, or is related to, the original construction. (Added by Stats. 2003, Ch. 762, Sec. 9. Effective January 1, 2004.)

Last verified: January 21, 2026

Key Terms

violation of the standardsChapter 2affirmative defensesoriginal construction

Related Statutes

  • § 8520 Stop Payment Notice Requirements
  • § 945.5 Construction Liability Defenses
  • § 9562 Notice Requirements For Bonds
  • § 1227 Fraudulent Real Property Transfers
  • § 1228 Fraudulent Instrument Protection Limits

References

  • Official text at leginfo.legislature.ca.gov
  • California Legislature. Civil Code. Section 942.
View Official Source