California Builders Right To Repair Current Law Summary:
Current Law Summary: SB800 (codified as Civil Code §§895, et seq) is the most far-reaching, complex law regulating construction defect litigation, right to repair, warranty obligations and maintenance requirements transference in the country. In essence, to afford protection against frivolous lawsuits, builders shall do all the following:A homeowner is obligated to follow all reasonable maintenance obligations and schedules communicated in writing to the homeowner by the builder and product manufacturers, as well as commonly accepted maintenance practices. A failure by a homeowner to follow these obligations, schedules, and practices may subject the homeowner to the affirmative defenses.A builder, under the principles of comparative fault pertaining to affirmative defenses, may be excused, in whole or in part, from any obligation, damage, loss, or liability if the builder can demonstrate any of the following affirmative defenses in response to a claimed violation:
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Palm Desert, CA 92211
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Building Industry Association Southern California - Riverside County Chapter
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3891 11th St Ste 312
Riverside, CA 92501
Building Industry Association Southern California
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17744 Sky Park Circle Suite 170
Irvine, CA 92614
http://www.biasc.org
Building Industry Association Southern California - Orange County Chapter
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17744 Skypark Cir Ste 170
Irvine, CA 92614
http://www.biaoc.com
Building Industry Association Southern California - Baldy View Chapter
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8711 Monroe Ct Ste B
Rancho Cucamonga, CA 91730
http://www.biabuild.com
Building Industry Association Southern California - LA/Ventura Chapter
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28460 Ave Stanford Ste 240
Santa Clarita, CA 91355
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44404 16th St W Suite 107
Lancaster, CA 93535
Construction Expert Witness News and Information
For Anaheim California
White House Plan Would Break Up Corps Civil-Works Functions
Contractor Sued for Contract Fraud by Government
Fifth Circuit Confirms: Insurer Must Defend Despite Your Work/Your Product Exclusion
Just Because You Caused it, Doesn’t Mean You Own It: The Hooker Exception to the Privette Doctrine
Infrastructure Money Comes With Labor Law Strings Attached
What is the Implied Warranty of Habitability?
Project-Specific Policies and Products-Completed Operations Hazard Extensions
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Eleventh Circuit Asks Georgia Supreme Court if Construction Defects Are Caused by an "Occurrence"
What Counts as Adequate Opportunity to Cure?
Concerns About On-the-job Safety Persist
Insurer Sued for Altering Policies after Claim
Unpunished Racist Taunts: A Pennsylvania Harassment Case With No True 'Winner'
Implied Warranties for Infrastructure in Florida Construction Defect Claims
Sustainability Is an Ever-Increasing Issue in Development
Is the Removal and Replacement of Nonconforming Work Economically Wasteful?
How to Make the Construction Dispute Resolution Process More Efficient and Less Expensive
U.S. Supreme Court Allows Climate Change Lawsuits to Proceed in State Court
Insurer’s Optional Appeals Process Does Not Toll Statute of Limitations Following Unequivocal Written Denial
Celebrities Lose Case in Construction Defect Arbitration
ACS Recognized by Construction Executive Magazine in the Top 50 Construction Law Firms of 2021
South Carolina Court of Appeals Diverges from Damico Opinion, Sending Recent Construction Defects Cases to Arbitration
Contractor Prevailing Against Subcontractor On Common Law Indemnity Claim
Prevailing HOAs Not Entitled to Attorneys’ Fees in Enforcement Actions Brought Under Davis-Stirling
Around the State
Liquidating Agreements—Bridging the Privity Gap for Subcontractors
Justin Clark Joins Newmeyer & Dillion’s Walnut Creek Branch as its Newest Associate
Don’t Waive Too Much In Your Mechanic’s Lien Waiver
Hirer Not Liable Under Privette Doctrine Where Hirer Had Knowledge of Condition, but not that Condition Posed a Concealed Hazard
FAA Plans Final Regulation on Commercial Drone Use by Mid-2016
Kushners Abandon Property Bid as Pressures Mount Over Conflicts
Homebuyers Aren't Sweating the Fed
Real Estate & Construction News Round-Up (07/13/22)
Design Professional Needs a License to be Sued for Professional Negligence
Alleging Property Damage in Construction Defect Lawsuit
Is Solar the Next Focus of Construction Defect Suits?
Rhode Island Affirms The Principle That Sureties Must be Provided Notice of Default Before They Can be Held Liable for Principal’s Default
Georgia Federal Court Says Fact Questions Exist As To Whether Nitrogen Is An “Irritant” or “Contaminant” As Used in Pollution Exclusion
Tech to Help Contractors Avoid Litigation
Real Estate & Construction News Round-Up (08/24/22) – Local Law 97, Clean Energy, and IRA Tax Credits
Court Requires Adherence to “Good Faith and Fair Dealing” in Construction Defect Coverage
Federal Court Reiterates Broad Duty to Defend in Additional Insured Cases
Gillotti v. Stewart (2017) 2017 WL 1488711 Rejects Liberty Mutual, Holding Once Again that the Right to Repair Act is the Exclusive Remedy for Construction Defect Claims
Design-Build Contracting: Is the Shine Off the Apple?
U.S. District Court of Colorado Interprets Insurance Policy’s Faulty Workmanship Exclusion and Exception for Ensuing Damage
Claim Against Broker Survives Motion to Dismiss
Commercial Construction Heating Up
More Broad-Based Expansion for Construction Industry Expected in 2015
Be Sure to Bring Up Any Mechanic’s Lien Defenses Early and Often
Subcontractor Not Liable for Defending Contractor in Construction Defect Case