§ 337.1.Recovery of Damages Against Person Performing Design, Specifications, Surveying, Planning, Observation of Construction

Title 2. Of the Time of Commencing Civil Actions · Chapter 3. The Time of Commencing Actions Other Than for the Recovery of Real Property · Enacted 1967 · no amendments on record · Last verified July 28, 2026

In one sentenceSection 337.1 bars construction-defect actions over patent (apparent) deficiencies more than four years after substantial completion of the improvement, extending to five years if the injury itself occurs during that fourth year, and it does not apply to owner-occupied single-unit residences.

Full Text of § 337.1

Text sizeJump to: (a) (b) (c) (d) (e) (f)

(a) Except as otherwise provided in this section, no action shall be brought to recover damages from any person performing or furnishing the design, specifications, surveying, planning, supervision or observation of construction or construction of an improvement to real property more than four years after the substantial completion of such improvement for any of the following:

(1) Any patent deficiency in the design, specifications, surveying, planning, supervision or observation of construction or construction of an improvement to, or survey of, real property;

(2) Injury to property, real or personal, arising out of any such patent deficiency; or

(3) Injury to the person or for wrongful death arising out of any such patent deficiency.

(b) If, by reason of such patent deficiency, an injury to property or the person or an injury causing wrongful death occurs during the fourth year after such substantial completion, an action in tort to recover damages for such an injury or wrongful death may be brought within one year after the date on which such injury occurred, irrespective of the date of death, but in no event may such an action be brought more than five years after the substantial completion of construction of such improvement.

(c) Nothing in this section shall be construed as extending the period prescribed by the laws of this state for the bringing of any action.

(d) The limitation prescribed by this section shall not be asserted by way of defense by any person in actual possession or the control, as owner, tenant or otherwise, of such an improvement at the time any deficiency in such an improvement constitutes the proximate cause of the injury or death for which it is proposed to bring an action.

(e) As used in this section, "patent deficiency" means a deficiency which is apparent by reasonable inspection.

(f) Subdivisions (a) and (b) shall not apply to any owner-occupied single-unit residence.

End

Plain-English Summary

Section 337.1 targets patent deficiencies — defects apparent by reasonable inspection — in the design, planning, supervision, surveying, or construction of a real-property improvement. No action against the person who performed or furnished that work may be brought more than four years after the improvement’s substantial completion, whether the claim is for the deficiency itself, for resulting property damage, or for personal injury or wrongful death.

There’s a built-in cushion: if the injury from the defect occurs during that fourth year after completion, the injured party gets one more year from the date of the injury to sue — but never more than five years total after substantial completion. Nothing in the section extends any other limitations period that might otherwise apply.

The defense is unavailable to whoever was in actual possession or control of the improvement — as owner, tenant, or otherwise — at the time the deficiency caused the harm; that person can’t hide behind the outside contractor’s repose period. And subdivisions (a) and (b) don’t apply at all to owner-occupied single-unit residences.

Frequently Asked Questions

How long do I have to sue over a patent construction defect in California?

Four years after substantial completion of the improvement under § 337.1, extended to as much as five years if the injury happens during that fourth year.

What is a “patent deficiency” under § 337.1?

A deficiency apparent by reasonable inspection, as defined in subdivision (e) — distinguished from a “latent deficiency,” the hidden-defect category covered instead by § 337.15.

Does § 337.1 apply to construction defects in a house I own and live in?

No. Subdivisions (a) and (b) do not apply to an owner-occupied single-unit residence.

Amendment History

Added by Stats. 1967, Ch. 1326.

Source & verification. Section text is reproduced verbatim from the California Legislative Information. Enacted by the California Legislature. Last verified July 28, 2026. · Official source

Also known as: California statute of limitations construction defectpatent defect statute of limitations California