Abolition of Standard of Care in Residential Design? Study of SB 800’s Impacts on Design Professionals

Abstract

California Civil Code §§895 through 945.5, also known as “SB 800,” has dramatically changed the legal landscape for residential construction projects in California. The law sets forth new, legislatively defined, actionable defects; a detailed prelitigation repair process; and available damages and defenses. This paper examines the impacts of the law on design professionals and concludes that the law appears to have supplanted the standard of care for design professionals in connection with residential construction—meaning that their services may now be measured against codified standards instead of against the performance of their peers. Alternatively, rather than supplanting the standard of care, the law may have the practical effect of shifting the burden of proof from homeowner claimants to the allegedly negligent design professionals, thereby requiring the defendant design professional to show that their services comply with the standard of care in order to escape liability. In either event, the playing field has changed dramatically for design professionals. This paper suggests ways in which design professionals might tailor their practices to best position themselves for claims which are sure to arise out of SB 800.