California Construction Statute of Limitations — All Key Deadlines

Missing a legal deadline in California construction law can permanently bar your right to recover. These are the most important time limits every contractor, subcontractor, and property owner must know.

Mechanics Lien Deadlines

Contract and Payment Claims

• Written contract — breach of contract: 4 years (Code of Civil Procedure §337)
• Oral contract: 2 years (CCP §339)
• Prompt payment violation: 4 years (from the date payment was due)
• Quantum meruit (implied contract): 2 years

Construction Defect Claims (Property Owners)

• Patent (visible) defects: 3 years from discovery (CCP §338)
• Latent (hidden) defects: 10 years from substantial completion (CCP §337.15) — the outer limit
• Negligence: 3 years from discovery of injury
• Fraud / misrepresentation: 3 years from discovery

The Discovery Rule

For latent defects and fraud claims, the statute of limitations is often measured from the date of discovery (or the date when the claimant, with reasonable diligence, should have discovered the defect or fraud). However, the absolute outer limit for latent construction defects is 10 years from substantial completion — even if the defect was not discovered until year 9.

Tolling and Exceptions

Statutes of limitations can be tolled (paused) in limited circumstances, including: fraud by the defendant, disability of the claimant, and statutory tolling provisions. However, the mechanics lien filing deadlines and the 90-day foreclosure deadline are not tolled by these exceptions — they are absolute cutoffs.

Frequently Asked Questions