United States · California Code of Civil Procedure
What is California’s patent construction deficiency boundary?
CCP 337.1(a) ordinarily states four years after substantial completion for the identified patent construction deficiency claims. Earlier limitations still matter.
- Period
- 4 years for the disclosed component
- Trigger
- Legally established substantial completion of this improvement
- Rule
- CCP 337.1(a)
Official current section reviewed. (Added by Stats. 1967, Ch. 1326.)
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Which event starts this CCP 337.1(a) inquiry?
Legally established substantial completion of this improvement
A patent deficiency is apparent by reasonable inspection. Identify the responsible participant, type of injury and actual substantial completion.
Responsible actor. The claimant pursuing the identified claim against a qualifying construction participant. Use an established substantial-completion date, a patent deficiency and a qualifying defendant, outside owner-occupied single-unit residences and the fourth-year injury branch. Only the disclosed component is supported. Additional actual closures, altered orders and excluded service methods require separate review.
CCP 337.1(a)How is this particular California component counted?
- Use an established substantial-completion date, a patent deficiency and a qualifying defendant, outside owner-occupied single-unit residences and the fourth-year injury branch. Only the disclosed component is supported. Additional actual closures, altered orders and excluded service methods require separate review.
- Count 4 calendar years from the legally established event to the corresponding anniversary. Check the final holiday under CCP 12a. The calculator does not establish accrual, classify the claim or resolve tolling.
- Check the actual judicial holidays, closures and statutory or court-ordered qualifications.
- Compare the construction boundary with every earlier applicable limitation before commencing the action. This base component does not extend another limitation.
CCP 12 excludes the triggering day for ordinary day periods. CCP 12a supplies the final judicial-holiday adjustment, including Saturdays and the CCP 135 holidays. CCP 12b addresses qualifying whole-day office closures. Court-day periods exclude intermediate Saturdays, Sundays and judicial holidays. Calendar-day periods include intermediate closed days. Rule 1.11 supplies Friday observance of a Saturday judicial holiday and Monday observance of a Sunday judicial holiday. The calendar includes Lincoln Day, March 31, Juneteenth, Native American Day and Thanksgiving Friday. It excludes Columbus Day and Good Friday as ordinary full judicial holidays. The observed New Year holiday on December 31, 2027 is confirmed in the county schedule. Actual additional closures require separate evidence.
These base components do not add mail, electronic, fax, express or overnight service time. CCP 1013 and 1010.6 identify eligible additions, service conditions and express exceptions. CCP 1005 supplies its own motion-delivery provisions and excludes CCP 1013 for its identified notices. New-trial and CCP 663a intention-notice filings do not receive the stated mail or electronic additions. Establish the actual service method and governing procedure before applying any addition. A summons-service completion event is not determined by the general document-service addition.
The official sections were reviewed, including the retained 2026 and operative-2027 CCP 473 and 415.20 editions. Publication coverage for day and court-day components begins January 1, 2026, or a later expressly stated section effective date. Year components begin no earlier than January 1, 2021, or the section’s later stated effective date, and assume the current reviewed branch applies. These are software coverage boundaries, not findings that an actual act is late. Displayed final dates are confined to the independently reviewed 2026 and 2027 judicial calendar. Closed backward base boundaries and closed minimum-deposition boundaries receive no computed or paid date because their exact adjustment is not implemented. Earlier editions, emergency measures, tolling, different service methods and actual additional closures require separate review.
CCP 12, exclusion of the first dayWhat does an independently derived example show?
Fictitious example
Use an established substantial-completion date, a patent deficiency and a qualifying defendant, outside owner-occupied single-unit residences and the fourth-year injury branch. Only the disclosed component is supported. Additional actual closures, altered orders and excluded service methods require separate review. Established accrual or service for the disclosed ordinary component, without tolling or another controlling period.
| Step | What is counted | Date |
|---|---|---|
| Established event | Legally established substantial completion of this improvement | October 1, 2023 |
| Disclosed component boundary | 4 years for the disclosed component | October 1, 2027 |
Fictitious facts within the stated coverage. This is the disclosed component, not a determination of legal accrual, effective service, court action or entitlement. No tolling, different service addition, altered order or additional closure is assumed. Closed unsupported base branches receive no computed date.
Try these dates in the calculatorWhich qualifications change this procedure?
- Fourth-year injury
- Subsection (b) allows the identified tort claim within one year after injury occurring in year four, capped at five years after substantial completion. The preset excludes that branch.
- Possession and residence
- Subsection (d) bars the defense by the identified actual possessor or controller, and subsection (f) excludes owner-occupied single-unit residences from (a) and (b).
- Service methods and distinct statutory additions
- These base components do not add mail, electronic, fax, express or overnight service time. CCP 1013 and 1010.6 identify eligible additions, service conditions and express exceptions. CCP 1005 supplies its own motion-delivery provisions and excludes CCP 1013 for its identified notices. New-trial and CCP 663a intention-notice filings do not receive the stated mail or electronic additions. Establish the actual service method and governing procedure before applying any addition. A summons-service completion event is not determined by the general document-service addition.
- Edition and calendar coverage
- The official sections were reviewed, including the retained 2026 and operative-2027 CCP 473 and 415.20 editions. Publication coverage for day and court-day components begins January 1, 2026, or a later expressly stated section effective date. Year components begin no earlier than January 1, 2021, or the section’s later stated effective date, and assume the current reviewed branch applies. These are software coverage boundaries, not findings that an actual act is late. Displayed final dates are confined to the independently reviewed 2026 and 2027 judicial calendar. Closed backward base boundaries and closed minimum-deposition boundaries receive no computed or paid date because their exact adjustment is not implemented. Earlier editions, emergency measures, tolling, different service methods and actual additional closures require separate review.
- Use an established substantial-completion date, a patent deficiency and a qualifying defendant, outside owner-occupied single-unit residences and the fourth-year injury branch. Only the disclosed component is supported. Additional actual closures, altered orders and excluded service methods require separate review.
- The base calculation does not resolve the excluded comparisons or establish that the responsible actor completed the required act.
Which acts and evidence must be preserved?
Questions about CCP 337.1(a)
What is California’s patent construction deficiency boundary?
Does this always allow four years after completion to sue?
No. Subsection (c) says it does not extend another applicable limitation.
CCP 337.1(c)Does a fourth-year injury always use the same four-year boundary?
No. Subsection (b) supplies its separate injury-based period and five-year cap.
CCP 337.1(b)Is a hidden deficiency the patent branch?
No. A patent deficiency is apparent by reasonable inspection; CCP 337.15 defines the latent branch separately.
CCP 337.1(e)Official California sources and edition review
Provisions used (15)
| Provision | Purpose |
|---|---|
| CCP 337.1(a) | The particular actor, event, period and required act |
| CCP 337.1(b) | The separately identified counting, filing, holiday or procedural qualification |
| CCP 337.1(d),(f) | The separately identified counting, filing, holiday or procedural qualification |
| CCP 337.1(c) | The separately identified counting, filing, holiday or procedural qualification |
| CCP 337.1(e) | The separately identified counting, filing, holiday or procedural qualification |
| CCP 12, exclusion of the first day | The separately identified counting, filing, holiday or procedural qualification |
| CCP 12a, final judicial holidays | The separately identified counting, filing, holiday or procedural qualification |
| CCP 12b, actual whole-day office closures | The separately identified counting, filing, holiday or procedural qualification |
| CCP 12c, backward hearing and service additions | The separately identified counting, filing, holiday or procedural qualification |
| CCP 135, judicial holidays and exclusions | The separately identified counting, filing, holiday or procedural qualification |
| California judicial holiday schedule | The separately identified counting, filing, holiday or procedural qualification |
| Cal. Rules of Court, rule 1.11 | The separately identified counting, filing, holiday or procedural qualification |
| Superior Court of San Bernardino holiday schedule | The separately identified counting, filing, holiday or procedural qualification |
| CCP 1013, service additions and exceptions | The separately identified counting, filing, holiday or procedural qualification |
| CCP 1010.6, electronic service and filing | The separately identified counting, filing, holiday or procedural qualification |