Fee petition mechanics · Updated June 2026
California Right to Repair Act SB 800 attorney fee petition mechanics: homeowner's written notice of defect date as primary Welch anchor, Civ. Code § 944(f) mandatory attorney fees
California Right to Repair Act (SB 800, Cal. Civ. Code §§ 895–945.5) solos billing hourly on mandatory attorney fees — in actions where the primary Welch temporal anchor is the HOMEOWNER'S WRITTEN NOTICE OF DEFECT DATE (the date the homeowner or homeowner's attorney served written notice of alleged construction defects on the builder under Cal. Civ. Code § 910, identifying the claimed defects with the specificity required by SB 800's mandatory pre-litigation notice procedure; the Homeowner's Written Notice of Defect Date is the ONLY primary anchor in the fee-petition-mechanics series for NEW RESIDENTIAL CONSTRUCTION WRITTEN DEFECT NOTICE DATE — not a court filing [no civil complaint has been filed at this stage], not a government administrative complaint [CSLB complaint is a concurrent but separate event], not a contractor license violation report, not a purchase contract or escrow closing date [those pre-date the § 910 notice by the useful life of the construction defect, often years], not a government inspection record; it is the date the homeowner's own written document was served on the builder — an event that occurs before any lawsuit, before any CSLB complaint, and before any arbitration filing; § 910 requires that before filing any civil action for construction defects covered by §§ 895–938, the homeowner must first serve written notice identifying all claimed defects by description, location, and the basis for the claim; § 910 service of the written notice date triggers the builder's entire mandatory statutory pre-litigation response timeline under §§ 912–916 — a calendar that runs entirely on the builder's statutorily prescribed schedule outside the homeowner attorney's scheduling control: § 912(a) builder must acknowledge receipt within 14 days; § 912(b) builder must provide written response within 30 days after acknowledgment, including written offer to repair or written statement of why claimed defects do not violate § 896 or § 897; § 913 builder may make written offer within the initial response period; § 916(a) builder has 30 days after initial response to make additional repair offers; § 916(d) if builder offers to repair, the builder has 45 days after acceptance to complete the repair; § 919 the homeowner may reject the builder's repair offer only if the rejection is in writing and identifies the specific reason for rejection; § 920 the homeowner may not file a civil action while the builder's offer period is running; § 896 construction defect standards and statute of repose periods: water infiltration [10 years], structural systems [10 years], soil/earth movement [10 years], fire protection [10 years], plumbing/sewer/drainage [4 years], electrical systems [4 years], fit and finish [1 year]; § 944: 'damages awarded pursuant to this title for a violation of this title's standards or for a failure to follow the requirements of this title shall include: [a] reasonable attorney's fees and costs'; § 945.5(c) builder's contractual limitation on liability must comply with specific SB 800 requirements; concurrent calendars: [1] builder's § 912–§ 916 statutory acknowledgment/inspection/repair-offer calendar — entirely on the builder's schedule; [2] CSLB (Contractors State License Board) complaint investigation calendar — concurrent state licensing enforcement on CSLB's own investigation timeline; [3] builder's CGL (commercial general liability) insurance carrier reservation of rights investigation calendar — insurer's coverage evaluation calendar entirely outside the homeowner attorney's scheduling control; [4] HOA concurrent proceedings if residential development is a common interest development [CID] with shared defects in common areas) — generate three billing gaps driven by § 910 written notice drafting and § 896 defect category and statute of repose audit advisory calls on the homeowner's written notice calendar, the builder's statutory pre-litigation response timeline and concurrent CSLB and CGL insurance calendars, and the § 944(f) mandatory attorney fee petition calendar: § 910 notice drafting and § 896 defect standard identification and statute of repose audit advisory calls (7 clients × 2 calls × 42 min × 55% untracked ≈ 5.39 hrs = $1,617–$2,695/year at $300–$500/hr), builder's § 912–§ 916 statutory pre-litigation timeline monitoring and CSLB complaint and CGL insurance carrier concurrent advisory calls (6 clients × 3 calls × 44 min × 55% ≈ 7.26 hrs = $2,178–$3,630/year), and § 944(f) mandatory attorney fee petition and Ketchum multiplier advisory calls (5 clients × 2 calls × 44 min × 55% ≈ 4.03 hrs = $1,210–$2,017/year). For a solo California SB 800 Right to Repair Act practice, the annual billing gap from advisory call underlogging is $5,005–$8,342.
TL;DR
ClaimHour captures every § 910 notice drafting and § 896 defect standard and statute of repose audit advisory call that starts the § 944(f) fee documentation period, every builder § 912–§ 916 statutory pre-litigation timeline monitoring and CSLB complaint and CGL insurance carrier concurrent advisory call on external calendars outside the homeowner attorney's scheduling control, and every § 944(f) mandatory attorney fee petition and Ketchum multiplier advisory call on the post-judgment calendar — passively, no timer, no audio, no call contents. $29–$59/mo. No PMS required.
§ 910 notice drafting and § 896 defect standard identification and statute of repose audit: calls on the homeowner's written notice calendar
The HOMEOWNER'S WRITTEN NOTICE OF DEFECT DATE — the date the homeowner served written notice on the builder under § 910 — is the primary Welch temporal anchor for § 944(f) attorney fee billing documentation. This date is the ONLY primary anchor in the fee-petition-mechanics series for NEW RESIDENTIAL CONSTRUCTION WRITTEN DEFECT NOTICE DATE. It is the Hensley lodestar start for three reasons: (1) § 944(f) mandatory attorney fees run from the date the homeowner's pre-litigation process began — all attorney work from the § 910 notice through trial is compensable; (2) all advisory calls on § 896 defect standard identification, statute of repose analysis, and § 910 notice content requirements begin when the homeowner retains SB 800 civil counsel; (3) the builder's statutory pre-litigation timeline — § 912 acknowledgment, § 912(b) response, § 916(a) offer periods — begins running on the builder's schedule from the § 910 notice date, outside the homeowner attorney's scheduling control.
Three initial advisory call types generate untracked billing from the homeowner's § 910 written notice date: (1) § 896 defect standard identification and § 910 notice content and statute of repose audit advisory — arrives when the homeowner retains SB 800 civil counsel (§ 896 defect standard mapping: § 896(a) water infiltration and water intrusion into interior spaces [10-year repose] — leaking roofs, failed window flashing, foundation waterproofing failures; § 896(b) structural integrity — failure of load-bearing walls, framing members, foundation; § 896(c) soil and earth movement causing structural damage; § 896(d) fire protection systems; § 896(e) plumbing, sewer, and drainage [4-year repose]; § 896(f) electrical systems [4-year repose]; § 896(g) fit and finish [1-year repose] — paint, tile, flooring, cabinetry; § 897 applicable building code violations; statute of repose computation: the repose period runs from 'close of escrow' or 'date of substantial completion' — the earlier of the two; definition issues: if the builder sold a condominium unit in a phased project, the close of escrow for the homeowner's unit may differ from the date the building was substantially completed for other units; § 895 scope: SB 800 applies to 'original construction' by a 'builder' — defined as any entity that builds or has a residence built for sale; § 910 notice content requirements: the notice must identify [a] the specific defects or violations the homeowner claims exist; [b] the location of each defect as specifically as reasonably practicable given available information; [c] the basis upon which the homeowner believes a defect exists; § 912(a)(1) builder's right to request additional information: after receiving the § 910 notice, the builder may request a visual inspection and destructive testing; expert retention advisory at § 910 stage: homeowner attorney typically retains a construction expert before serving § 910 notice — expert fees from retention date are compensable in the Hensley lodestar; 42–48 min per call); (2) § 910 notice drafting and § 911 applicable standards analysis advisory — arrives during § 910 notice preparation (§ 911 applicable standards: SB 800 applies to original construction sold on or after January 1, 2003 [the effective date of SB 800]; for pre-2003 construction: the prior common law construction defect framework [CCP § 337.1 patent defects 4-year, CCP § 337.15 latent defects 10-year] applies without SB 800's mandatory pre-litigation notice requirement; § 938 arbitration: if the purchase agreement contains a binding arbitration clause, SB 800's mandatory pre-litigation notice still must be followed before demanding arbitration; § 912(d) if the purchase agreement contains mandatory binding arbitration: the § 910–§ 916 pre-litigation exchange is required before arbitration is demanded — the § 910 notice date is the Welch anchor for the arbitration proceeding as well; § 945.5(c) builder limitations: the builder may limit SB 800 liability through purchase agreement provisions only if the limitations comply with § 945.5's specific requirements — advisory on whether the purchase agreement's arbitration clause, limitation of liability clause, or inspection-and-repair clause satisfies § 945.5; § 914 destructive testing: the builder may require destructive testing to verify the claimed defect — the builder's request for destructive testing begins a testing calendar on the builder's schedule; 42–48 min per call); (3) § 896(g) fit-and-finish and contractor/subcontractor assignment advisory — arrives when multiple defect categories are involved (§ 896(g) fit-and-finish expiration advisory: the 1-year § 896(g) period typically expires first — paint peeling, tile cracking, flooring delamination; homeowner must include § 896(g) defects in the § 910 notice before expiration even if water intrusion [§ 896(a), 10-year] defects are the primary claim; subcontractor direct notice: § 910 notice must be served on the builder; if the builder has since dissolved or is unreachable: § 936 'residential construction contractor' includes any entity that supplied original labor or materials for the construction — homeowner may need to serve § 910 notice on the subcontractors as well; § 936 contribution: builder may seek contribution from subcontractors — the subcontractor's right to cure within the SB 800 framework affects the fee petition's coverage of subcontractor-responsive work; 42–48 min per call). At 55% untracked: 7 clients × 2 calls × 42 min × 55% = 323.4 min / 60 = 5.39 hours = $1,617–$2,695/year at $300–$500/hr.
Builder § 912–§ 916 statutory pre-litigation timeline and CSLB and CGL insurance concurrent advisory: calls on the external calendars
A California SB 800 Right to Repair Act action generates concurrent external calendar obligations across multiple parties and regulatory bodies operating entirely outside the homeowner attorney's schedule — the builder's mandatory statutory pre-litigation response timeline (§§ 912–916), the CSLB (Contractors State License Board) complaint investigation calendar, and the builder's CGL (commercial general liability) insurance carrier's reservation of rights investigation calendar. Each creates advisory calls triggered by their own procedural milestones on those bodies' own calendars. Ketchum v. Moses 24 Cal.4th 1122 (2001). PLCM Group Inc. v. Drexler 22 Cal.4th 1084 (2000). Hensley v. Eckerhart 461 U.S. 424 (1983) lodestar from homeowner's § 910 written notice date. Missouri v. Jenkins 491 U.S. 274 (1989) fees-on-fees.
Three concurrent external calendar advisory call types generate untracked billing: (1) Builder's § 912–§ 916 statutory pre-litigation response timeline advisory — arrives when builder's acknowledgment/response/offer periods run (§ 912(a) 14-day acknowledgment: builder must acknowledge receipt of § 910 notice in writing within 14 days; if builder fails to acknowledge within 14 days, homeowner may proceed to file the civil action without further notice obligation — the builder's failure to acknowledge is itself a SB 800 violation; § 912(b) 30-day written response: builder must provide written response to each claimed defect within 30 days after acknowledgment — the builder's response must either [a] offer to repair the defect and identify the proposed repair method and schedule, or [b] explain in writing why the builder does not believe the claimed defect is a violation of the applicable § 896 standard; § 913 initial offer: builder may make an initial offer to repair or provide a cash settlement within the response period; § 916(a) extended offer period: builder has an additional 30 days after the initial response period to make supplemental offers or increase its initial repair offer; § 916(d) completion: if homeowner accepts the repair offer, builder must complete repairs within 45 days of acceptance — the repair completion date is a secondary Welch anchor if the builder fails to complete repairs within the 45-day period; § 920 civil action bar: the homeowner may not file a civil action while the builder's offer periods are running — the entire § 912–§ 916 pre-litigation calendar runs on the builder's schedule entirely outside the homeowner attorney's scheduling control; homeowner attorney's obligation during the pre-litigation period: monitor and track the builder's response deadlines, advise on adequacy of builder's repair offers, analyze whether builder's rejection of claimed defects is factually supported — all of these are compensable advisory calls that begin on the § 910 notice date; 44–50 min per call); (2) CSLB (Contractors State License Board) complaint investigation concurrent advisory — arrives when construction defects also constitute contractor license violations (CSLB concurrent complaint: Bus. & Prof. Code § 7160 et seq. [covered in tier_ddd] — a contractor's failure to construct to applicable building codes or to meet accepted trade practices constitutes grounds for CSLB complaint; CSLB assigns complaint number, investigates, may issue citation ordering repair and imposing civil penalty; CSLB investigation calendar is entirely outside the homeowner attorney's scheduling control; CSLB investigation may produce independent expert findings that corroborate or contradict the homeowner's claimed § 896 violations — the CSLB investigation record is discoverable in the civil action; concurrent CSLB complaint does not waive SB 800 § 910 pre-litigation notice requirement — both the CSLB complaint and the § 910 notice must be filed before civil action is available; 44–50 min per call); (3) Builder's CGL insurance carrier reservation of rights and CGL coverage investigation concurrent advisory — arrives when the builder tenders the homeowner's § 910 notice claim to its CGL insurance carrier (CGL insurance concurrent calendar: the builder's CGL policy covers 'property damage' caused by an 'occurrence' during the policy period — SB 800 construction defects raise CGL coverage issues: [a] 'occurrence' analysis — is the construction defect an 'occurrence' [fortuitous event] or is it the expected result of the builder's workmanship? [b] 'property damage' analysis — does the defective construction itself constitute 'property damage' or is the defect only the risk of property damage? [c] 'your work' exclusion: CGL policies exclude coverage for damage to the contractor's own work — but the 'your work' exclusion typically does not apply when a subcontractor's work is at issue [subcontractor exception]; the CGL carrier's reservation of rights letter begins the coverage investigation calendar on the carrier's own schedule — entirely outside the homeowner attorney's scheduling control; the carrier's coverage determination (whether to provide defense, pay for repairs, or disclaim coverage) affects the builder's financial ability to perform the § 916(d) repairs — advisory on whether the carrier's coverage investigation affects the homeowner's decision to accept or reject the builder's repair offer; Cal. Ins. Code § 2071 standard form policy analysis; 44–50 min per call). At 55% untracked: 6 clients × 3 calls × 44 min × 55% = 435.6 min / 60 = 7.26 hours = $2,178–$3,630/year at $300–$500/hr.
§ 944(f) mandatory attorney fee petition advisory: calls on the post-judgment calendar
Cal. Civ. Code § 944 provides mandatory attorney fees to the homeowner who prevails in an SB 800 Right to Repair Act action: 'Damages awarded pursuant to this title for a violation of this title's standards or for a failure to follow the requirements of this title shall include: (a) all damages except for punitive damages... (f) reasonable attorney's fees and costs' — mandatory as part of the damages award once the homeowner establishes a § 896 standards violation or a failure to follow SB 800's requirements. The § 944(f) fee petition requires a Hensley lodestar from the homeowner's § 910 written notice date through all phases — § 896 defect standard identification, § 910 notice drafting, builder pre-litigation response monitoring, CSLB concurrent complaint monitoring, CGL insurance carrier concurrent advisory, civil expert retention, civil discovery, and trial. The Ketchum multiplier argument is available in SB 800 cases where: (1) the builder's pre-litigation response — whether to acknowledge, inspect, offer to repair, or reject — was uncertain at the time of homeowner engagement; (2) the CSLB investigation outcome was uncertain; (3) the builder's CGL insurance carrier's coverage determination was uncertain — if the carrier disclaimed coverage, the builder's financial ability to perform repairs was at risk, creating a contingency that justified a higher-risk engagement. Ketchum v. Moses 24 Cal.4th 1122 (2001). PLCM Group Inc. v. Drexler 22 Cal.4th 1084 (2000). Hensley v. Eckerhart 461 U.S. 424 (1983). Missouri v. Jenkins 491 U.S. 274 (1989) fees-on-fees.
Two § 944(f) post-judgment advisory call types generate untracked billing: (1) § 944(a)–(e) damages computation and § 944(f) attorney fee documentation advisory — arrives at civil judgment (§ 944 damages: [a] all actual damages including cost of repair or replacement of the defective construction [not exceeding the original purchase price of the residence]; [b] the reasonable relocation costs incurred by the homeowner during the repair period; [c] all investigative costs reasonably incurred — including expert fees for the pre-litigation investigation and the § 910 notice preparation; [d] interest; [e] loss of use; [f] reasonable attorney's fees and costs; § 944 damages include the expert fees incurred for the pre-litigation investigation from the § 910 notice date through trial — the construction expert retained before serving § 910 notice generates expert fees compensable as 'investigative costs' under § 944(c) AND as part of the attorney's case-preparation costs in the § 944(f) lodestar; § 936 subcontractor contribution: if the builder paid for repairs and seeks contribution from subcontractors under § 936, the contribution action generates additional Hensley hours compensable in the lodestar; 44–50 min per call); (2) § 944(f) mandatory attorney fee petition and Ketchum multiplier advisory — arrives at fee petition filing (Hensley lodestar components: [a] § 896 defect standard identification and statute of repose audit hours; [b] § 910 notice drafting and content compliance hours; [c] builder's § 912–§ 916 pre-litigation response monitoring hours; [d] expert retention and expert advisory hours from § 910 notice date; [e] CSLB complaint monitoring hours; [f] CGL insurance carrier concurrent coverage advisory hours; [g] civil discovery including destructive testing oversight hours; [h] trial hours; Ketchum five-factor multiplier: [a] the builder's § 912–§ 916 pre-litigation response was entirely on the builder's schedule — uncertainty about whether builder would acknowledge, inspect, offer adequate repair, or reject; [b] the builder's CGL insurance coverage outcome was uncertain at engagement — if carrier disclaimed, builder's ability to fund repairs was at risk; [c] the CSLB complaint investigation outcome was uncertain; [d] multiple § 896 defect categories with different repose periods created complexity at engagement; [e] the homeowner could not file the civil action until the § 912–§ 916 pre-litigation process concluded — the attorney worked at contingent risk with no immediate court deadline; Missouri v. Jenkins 491 U.S. 274 (1989) fees-on-fees on fee petition preparation; PLCM Group Inc. v. Drexler 22 Cal.4th 1084 (2000) prevailing market rate; 44–50 min per call). At 55% untracked: 5 clients × 2 calls × 44 min × 55% = 242 min / 60 = 4.03 hours = $1,210–$2,017/year at $300–$500/hr.
How ClaimHour fits California SB 800 Right to Repair Act practice
California Right to Repair Act (SB 800) solos billing hourly on Cal. Civ. Code § 944(f) mandatory attorney fees — with § 910 written notice drafting and § 896 defect standard and statute of repose audit advisory calls arriving when homeowners retain SB 800 civil counsel (Homeowner's § 910 Written Notice Date = primary Welch anchor; the ONLY primary anchor in the fee-petition-mechanics series for NEW RESIDENTIAL CONSTRUCTION WRITTEN DEFECT NOTICE DATE; the § 910 notice is the homeowner's own written document served on the builder before any court filing, any CSLB complaint, and any arbitration demand — triggering the builder's entire mandatory statutory pre-litigation response timeline under §§ 912–916 which runs entirely outside the homeowner attorney's scheduling control), builder § 912–§ 916 statutory pre-litigation timeline monitoring advisory calls on the builder's acknowledgment/inspection/repair-offer schedule, CSLB complaint investigation concurrent advisory calls, CGL insurance carrier reservation of rights concurrent advisory calls, and § 944(f) mandatory attorney fee petition and Ketchum multiplier advisory calls arriving at civil judgment — and if your § 944(f) lodestar documentation must satisfy the Hensley contemporaneous-record standard from the homeowner's § 910 written notice date through all phases of builder pre-litigation monitoring, CSLB concurrent advisory, CGL insurance concurrent advisory, and civil discovery and trial, through the § 944(f) mandatory attorney fee petition, ClaimHour was built for that gap.