Updated Sept 2026Every factual claim links to its sourceGeneral information, not legal advice

Building Defects Guide

Construction Defect Right-to-Repair Laws by State

A construction defect right-to-repair law requires a homeowner to give the builder written notice of a defect and a chance to inspect and offer a repair or payment before filing suit. At least 21 states have a full pre-suit procedure of this kind, including California (Civil Code 895 et seq.), Texas (Property Code ch. 27) and Florida (ch. 558). Notice periods and builder deadlines differ by state.

Last reviewed: September 2026. Sources are listed at the end of this page.

What is a right-to-repair law for construction defects?

It is a state statute that puts a notice-and-repair step in front of a lawsuit. You tell the builder about the defect in writing, and the builder gets a set period to inspect, offer a fix, offer money, or dispute the claim.

Florida’s Legislature describes the purpose of its version, Fla. Stat. ch. 558, as an alternative way to resolve construction disputes that would reduce the need for litigation (§ 558.001).[5] These laws go by several names. Georgia calls its law the Right to Repair Act. Idaho and Kentucky call theirs the Notice and Opportunity to Repair Act. Hawaii uses Contractor Repair Act. Texas uses the Residential Construction Liability Act (RCLA).

How do right-to-repair laws work?

Most of these statutes follow the same basic sequence. The day counts change from state to state, so check the table below and the statute itself.

  1. Written notice. You serve a written notice of claim on the builder or contractor. Most states require a description of each defect in reasonable detail. Many specify personal service or certified mail with a return receipt.
  2. Builder response. The builder answers within a fixed period, often 21 or 30 days. Typical options are to propose an inspection, offer money, offer a repair, or dispute the claim.
  3. Inspection. If the builder asks, you give reasonable access to the home so it can inspect the defect.
  4. Offer. After the inspection, the builder makes a written offer to repair, a money offer, a combination, or a refusal. Many states set this at 14 days after the inspection.
  5. Your answer. You accept or reject within a set window, often 30 days. In some states silence counts as a rejection. In Georgia, silence counts as acceptance.
  6. Suit, if unresolved. If the builder does not respond, makes no offer, or you reject the offer, the statute generally lets you file. A suit filed before the process is complete can be stayed, abated, or dismissed without prejudice, depending on the state.

Two features vary the most. Many states require the builder to give you a written notice of the law when you sign the contract or close. Some states pause, or toll, the statute of limitations or the statute of repose while the process runs. Others do not. Texas says outright that its chapter does not extend a limitations period (Tex. Prop. Code § 27.005).[18] See our guide to statutes of limitations and repose for the deadlines themselves.

Which states have a right-to-repair law, and what do they require?

The table lists the 21 states with a full pre-suit notice-and-repair procedure that we verified against statute text. Day counts are calendar days unless marked working days or business days.

StateStatuteNotice before suitBuilder responseNotable features
AlaskaAS 09.45.881 to 09.45.899[1]At least 90 days before filing. Personal service or certified mail, return receipt requested.21 days to offer an inspection, offer money, or dispute.Builder must attach a signed notice page to the contract (AS 09.45.893). Recovery can be capped if you unreasonably reject an offer. No tolling provision found.
ArizonaA.R.S. 12-1361 to 12-1366[2]Certified mail, return receipt requested. No fixed lead time.60 days for a written response (repair, replace, money, or a mix).Escrow agent must give buyers notice of the law. Limitation and repose periods are tolled during the process plus 30 days after repairs are substantially complete (12-1363(F)).
CaliforniaCal. Civ. Code 895 et seq. (SB 800)[3]Certified mail, overnight mail, or personal delivery (§ 910(a)). The notice gives your name, address and preferred contact method and describes each claimed violation. No fixed lead time.Written acknowledgment within 14 days (§ 913). Initial inspection and testing within 14 days after acknowledgment (§ 916).Applies to new homes where the seller signed the purchase agreement on or after January 1, 2003 (§ 938). One-year fit-and-finish warranty (§ 900). Actions barred more than 10 years after substantial completion (§ 941(a)). General patent and latent defect limits in Code of Civil Procedure §§ 337.1 and 337.15 do not apply to these actions (§ 941(d)).
ColoradoC.R.S. 13-20-801 to 13-20-808[4], as amended by HB25-1272At least 75 days before filing (90 for commercial property). Certified mail, return receipt requested, or personal service.Inspection completed within 30 days of notice. Optional offer within 30 days after inspection (45 for commercial).Covers residential and commercial work. You have 15 days to accept or the offer is deemed rejected. Limitation and repose periods are tolled until 60 days after the process ends (13-20-805).
FloridaFla. Stat. ch. 558[5]At least 60 days before suit (120 for associations representing more than 20 parcels).45 days for a written response (§ 558.004).On request, the parties exchange photos, videos, expert reports and maintenance records (§ 558.004(15)). Destructive testing requires agreement.
GeorgiaO.C.G.A. 8-2-35 et seq.[6]At least 90 days before filing. Certified mail or overnight delivery, return receipt requested.30 days to offer a settlement or propose an inspection.If you do not answer an offer within 30 days, it is deemed accepted. Contract notice required (8-2-41). If the statute of limitations would expire, you may file, but you must still complete the notice process.
HawaiiHRS ch. 672E[7]At least 90 days before filing. Personal service or certified mail, return receipt requested.30 days to offer, propose an inspection, or reject.Mediation is required if the claim is unresolved (672E-7). Contract notice required (672E-11). File-and-stay if a deadline would run (672E-8).
IdahoIdaho Code 6-2501 to 6-2504[8]Before suit, no fixed lead time. Personal service or certified mail.21 days to propose an inspection, offer money, or dispute.Limitation period tolled until 60 days after the no-suit period ends. Damages limited (6-2504).
IndianaInd. Code 32-27-3[9]At least 60 days before filing. Personal service or certified mail.21 days to propose an inspection, offer money, or dispute.Builder must give notice of the right to cure (32-27-3-12). Unreasonably rejecting an offer can lead to a fee award. Limitation period tolled (32-27-3-14).
KansasK.S.A. 60-4701 to 60-4710[10]Before filing. The statute sets no day count, but its homeowner notice form says 90 days. Personal service or certified mail, return receipt requested.30 days to propose an inspection, offer a repair, offer money, or dispute.Contract notice required (60-4706). Builder gives the first buyer a subcontractor list within 30 days after closing (60-4707). Notice tolls the limitation period for 180 days after the latest key date (60-4702(c)).
KentuckyKRS 411.250 to 411.266[11]Before suit, no fixed lead time. Personal service or certified mail.21 days, by registered mail or personal service.Contract notice required (411.260). A court may hold an early suit in abeyance. Limitation period tolled (411.264).
MissouriRSMo 436.350 to 436.365[12]Before suit, no fixed lead time. Personal service or mail.14 days to inspect, offer a repair, offer money, a mix, or dispute.Optional mediation (436.362). The act does not apply if the builder skipped the contract notice (436.353). File-and-abate if a deadline would run (436.356.8).
MontanaMCA 70-19-426 to 70-19-428[13]Before suit, no fixed lead time. Personal service or certified mail.21 days to propose an inspection, offer money, or dispute.Not enforceable unless the homeowner got written notice of the law. Limitation period tolled if notice is served in time, with no end date stated.
NevadaNRS 40.600 to 40.695[14]Certified mail (NRS 40.645).90 days to respond and say whether it will repair (NRS 40.6472).Limitation and repose periods tolled from notice until the earlier of 1 year or 30 days after mediation ends (NRS 40.695).
OhioR.C. 1312.01 to 1312.08[15]At least 60 days before suit or arbitration. Mail, hand delivery, or fax or email if the contractor allowed it.21 days to offer an inspection, offer a settlement, or dispute.Covers owners who contracted with a residential contractor. Notice required at contract signing (1312.03). All limitation and repose periods tolled until the owner has complied (1312.08).
OregonORS 701.560 to 701.600[16]Registered or certified mail, return receipt requested. No fixed lead time.14 days to request a visual exam (30 for associations). Written response within 90 days.Construction Contractors Board (CCB) notice-of-procedure form (701.330). Time to sue is extended even past limitation or repose periods (701.585).
South CarolinaS.C. Code 40-59-810 to 40-59-860[17]At least 90 days before filing. Personal service or certified mail.30 days to inspect, offer a repair, offer a settlement, or deny. No answer counts as a denial.Covers dwellings up to 16 units and 3 stories. No tolling provision in the residential article. A court stays an early suit.
TexasTex. Prop. Code ch. 27[18]At least 60 days before suit or arbitration. Certified mail, return receipt requested.Up to 3 inspections within 35 days. Written offer within 60 days.10-point bold contract notice required (27.007). The chapter does not extend limitations (27.005). A suit is abated for noncompliance.
WashingtonRCW 64.50[19]At least 45 days before filing.21 days, or 14 days after a requested meeting, by registered mail or personal service.Contract notice required (64.50.050). Condo associations formed after July 23, 2023 must include an expert report. The barred period plus 60 days is excluded from the limitation period (RCW 4.16.310).
West VirginiaW. Va. Code 21-11A-1 to 21-11A-17[20]At least 90 days before filing. Signed notice by hand, certified mail, return receipt requested, or other verifiable delivery.30 days to offer money, propose an inspection, or dispute.Does not apply to claims of $5,000 or less, unlicensed contractors, or contracts with an alternative dispute resolution (ADR) clause. Limitation period tolled until 6 months after negotiations end.
WisconsinWis. Stat. 895.07[21]At least 90 working days before suit.15 working days (25 if a window or door supplier is involved).Builder must deliver a state brochure and notice before contracting (101.148). Limitation period tolled, but repose is not extended (895.07(9)).

The Georgia row follows the Georgia Attorney General’s summary of the Right to Repair Act.[6] Hawaii and Indiana rows were checked against Justia’s copy of the code, not the state’s own site.[7][9] The California row was checked against the current Civil Code on the California Legislature’s site in September 2026.[3]

What changed in Colorado in 2025?

Colorado amended its Construction Defect Action Reform Act (CDARA) with HB25-1272, approved May 12, 2025. It applies to claims brought on or after its effective date in August 2025.[4]

  • The builder must turn over plans, specifications, soil reports, maintenance recommendations, a subcontractor list, third-party inspection documents and insurance policies. The deadline is the earlier of its offer or 60 days after your notice.
  • For claims tied to Colorado’s multifamily construction incentive program, the claimant has a duty to mitigate damages. Limitation and repose periods are tolled for up to 1 year during mitigation.

Our review used the 2024 statute compilation plus the 2025 session law. Changes from the 2026 session were not checked.

Which states have only a warranty-notice rule?

Five more states require written notice and a chance to repair before a warranty suit, but lack a full pre-suit procedure with offer deadlines. These rules sit inside new-home warranty laws.

StateStatuteNotice before suitBuilder responseNotable features
LouisianaLa. R.S. 9:3141 to 9:3150[23]Registered or certified mail within 1 year after you learn of the defect, before any repair or suit.A reasonable opportunity to comply. No deadline.Warranties of 1, 2 and 5 years. Builder gives notice of the Act at closing (9:3145(B)). Actions end 30 days after the warranty period ends (9:3146).
MinnesotaMinn. Stat. 327A.02 subds. 4 to 7, 327A.03(a), 327A.051[24]Written report within 6 months of discovery.Inspect within 30 days. Written repair offer within 15 days after inspection.No suit until state dispute resolution ends or 60 days after the offer. Limitation and repose periods tolled.
MississippiMiss. Code 83-58-1 to 83-58-17[25]Registered or certified mail within 90 days after you learn of the defect.A reasonable opportunity to repair. No deadline.If the builder does not give notice of the Act at closing, the warranty is extended (83-58-7).
New YorkN.Y. Gen. Bus. Law 777-a(4)(a)[26]Written warranty claim before suit and no later than 30 days after the warranty ends.A reasonable opportunity to inspect, test and repair.No offer procedure or tolling found.
North DakotaN.D.C.C. 43-07-26[27]Written notice by mail within 6 months after you learn of the defect, before non-emergency repair or suit.Inspect, respond and repair within a reasonable time, set at 30 business days or less.Builder gives notice of the section at closing. Covers one- and two-family dwellings and improvements worth more than $2,000.

Does Tennessee have a residential right-to-repair law?

Not for single-family homes. Tenn. Code 66-36-101 to 66-36-103 still exists, but a 2020 amendment (ch. 749) limited it to commercial property.[28] The law defines commercial property as all property that is not residential property, and residential property as property with one dwelling unit. A building with several units may fall under the commercial definition. We found no case law on that point.

What if your state is not listed?

These 23 states are not in either table: Alabama, Arkansas, Connecticut, Delaware, Illinois, Iowa, Maine, Maryland, Massachusetts, Michigan, Nebraska, New Hampshire, New Jersey, New Mexico, North Carolina, Oklahoma, Pennsylvania, Rhode Island, South Dakota, Utah, Vermont, Virginia and Wyoming. The District of Columbia was not reviewed.

Absence from this page does not mean your state has no such law. We searched for Utah, Virginia, Maryland, Michigan, Illinois, North Carolina and Oklahoma and could not verify a statute, and we did not find a source saying none exists. Some states run separate warranty programs, such as New Jersey’s New Home Warranty Program and Maryland’s Home Builder Guaranty Fund. See new-home builder warranties. Your contract may also set its own notice or arbitration steps.

This page is general information, not legal advice. Laws change and vary by state. Check the current statute or talk to a licensed attorney in your state before acting.

Related guides

Sources

  1. Alaska State Legislature, “AS 09.45.881 to 09.45.899.” https://www.akleg.gov/basis/statutes.asp?media=print&secStart=09.45.881&secEnd=09.45.899
  2. Arizona State Legislature, “A.R.S. 12-1363.” https://www.azleg.gov/ars/12/01363.htm
  3. California Legislature, “Cal. Civ. Code § 910.” https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=CIV&sectionNum=910.
  4. Colorado General Assembly, “Colorado Revised Statutes 2024, Title 13” and “HB25-1272, 2025 Session Laws ch. 183.” https://content.leg.colorado.gov/sites/default/files/images/olls/crs2024-title-13.pdf and https://leg.colorado.gov/laws/session-laws/HB25-1272/183/download
  5. Florida Legislature, “Florida Statutes Chapter 558.” http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0500-0599/0558/0558.html
  6. Georgia Attorney General’s Consumer Protection Division, “Right to Repair Act” (summary of O.C.G.A. 8-2-35 et seq.). https://consumer.georgia.gov/consumer-topics/right-repair-act
  7. Justia, “HRS § 672E-3” (2025). https://law.justia.com/codes/hawaii/title-36/chapter-672e/section-672e-3/
  8. Idaho Legislature, “Idaho Code 6-2503.” https://legislature.idaho.gov/statutesrules/idstat/Title6/T6CH25/SECT6-2503
  9. Justia, “Ind. Code § 32-27-3-2” (2025). https://law.justia.com/codes/indiana/title-32/article-27/chapter-3/section-32-27-3-2/
  10. Kansas Office of Revisor of Statutes, “K.S.A. 60-4704.” https://www.ksrevisor.gov/statutes/chapters/ch60/060_047_0004.html
  11. Kentucky General Assembly, “KRS 411.258.” https://apps.legislature.ky.gov/law/statutes/statute.aspx?id=17797
  12. Missouri Revisor of Statutes, “RSMo 436.356.” https://revisor.mo.gov/main/OneSection.aspx?section=436.356
  13. Montana Legislature, “MCA 70-19-427.” https://leg.mt.gov/bills/mca/title_0700/chapter_0190/part_0040/section_0270/0700-0190-0040-0270.html
  14. Nevada Legislature, “NRS Chapter 40.” https://www.leg.state.nv.us/nrs/nrs-040.html
  15. Ohio Legislature, “Ohio Revised Code Chapter 1312.” https://codes.ohio.gov/ohio-revised-code/chapter-1312
  16. Oregon State Legislature, “ORS Chapter 701.” https://www.oregonlegislature.gov/bills_laws/ors/ors701.html
  17. South Carolina Legislature, “S.C. Code Title 40, Chapter 59.” https://www.scstatehouse.gov/code/t40c059.php
  18. Texas Legislature, “Property Code Chapter 27.” https://tcss.legis.texas.gov/resources/PR/htm/PR.27.htm
  19. Washington State Legislature, “RCW 64.50.” https://app.leg.wa.gov/RCW/default.aspx?cite=64.50&full=true
  20. West Virginia Legislature, “W. Va. Code Chapter 21, Article 11A.” https://code.wvlegislature.gov/21-11A/
  21. Wisconsin State Legislature, “Wis. Stat. 895.07.” https://docs.legis.wisconsin.gov/document/statutes/895.07
  22. California Legislature, “SB 800 (Chapter 722, Statutes of 2002), chaptered bill text,” Sept. 20, 2002. https://www.leginfo.ca.gov/pub/01-02/bill/sen/sb_0751-0800/sb_800_bill_20020920_chaptered.html
  23. Louisiana State Legislature, “La. R.S. 9:3145.” https://legis.la.gov/Legis/Law.aspx?d=107368
  24. Minnesota Office of the Revisor of Statutes, “Minn. Stat. 327A.02.” https://www.revisor.mn.gov/statutes/cite/327A.02
  25. Justia, “Miss. Code § 83-58-7” (2025). https://law.justia.com/codes/mississippi/title-83/chapter-58/section-83-58-7/
  26. Justia, “N.Y. Gen. Bus. Law § 777-a” (2025). https://law.justia.com/codes/new-york/gbs/article-36-b/777-a/
  27. North Dakota Legislative Branch, “N.D. Cent. Code Chapter 43-07.” https://ndlegis.gov/cencode/t43c07.pdf
  28. Justia, “Tenn. Code Title 66, Chapter 36.” https://law.justia.com/codes/tennessee/title-66/chapter-36/