California Assembly Bill AB1903

California 2025-2026 Regular Session

• Introduced: 2/12/26
• Refer: 3/19/26
• Report Pass: 3/19/26
• Refer: 3/23/26
• Report Pass: 4/22/26
• Refer: 4/27/26

Caption

An act to amend Sections 910, 930, 942, 944, 5800, and 6150 and 944 of, to add Sections 942.2, 945.1, and 945.2 to, to add Chapter 4.5 (commencing with Section 939) to Title 7 of Part 2 of Division 2 of, and to repeal and add Section 926 of, the Civil Code, relating to construction defects.

Impact

The legislation is set to amend existing laws detailing how homeowners can pursue action against builders for construction defects, including changing the burden of proof. Homeowners will need to explicitly prove that violations caused physical damage to other parts of their property, thus making claims more difficult. Furthermore, it stipulates that at least 75% of the homeowners must vote in favor of proceeding with any civil action, creating a more stringent requirement for legal action against builders. This could potentially limit the number of claims filed and alter the legal landscape around residential construction disputes.

Summary

Assembly Bill 1903, introduced by Assembly Member Wicks, focuses on altering the legal framework surrounding construction defects in residential properties, particularly condominiums and townhouses built after January 1, 2027. The bill introduces a certification process for builders, allowing them to obtain 'certified building' status through private inspections and corrections during construction. This certification would secure certain protections for builders from post-construction claims and disputes, shifting the dynamics of liability significantly towards builders and away from homeowners and associations.

Sentiment

The sentiment around AB 1903 appears to be polarized. On one hand, proponents argue that the bill will simplify the repair process for certified buildings, potentially leading to quicker resolutions. On the other hand, critics, including homeowners' advocates, express concern that the bill disproportionately favors builders, leading to a vulnerability for homeowners in the face of defects in construction. The debate highlights the ongoing conflict between regulating construction practices and protecting the rights of homeowners versus encouraging construction and development.

Contention

One notable point of contention is the transparency and fairness of the proposed notice requirements that builders must fulfill when dealing with construction defect claims. While builders are provided with mechanisms to mitigate liability through inspections and certifications, homeowners are concerned about the fairness of a system that may limit their recourse in situations where they are disproportionately affected by construction issues. There are fears that this could effectively weaken homeowner protections under existing state law and complicate litigation processes for those seeking redress for significant structural issues.