Kevin Meade and Scott Halberstadt | The Amin Law Group | February 1, 2018 After a long wait, the California Supreme Court issued its opinion in McMillin Albany, LLC v. Superior Court regarding the application and interpretation of California’s Right to Repair Act (the comprehensive statutory scheme for construction defect claims for newly built residences;… Continue reading CA Supreme Court Clarifies Scope of Right to Repair Act
Tag: Right to Repair Act
In Supreme Court Showdown, California Appeals Courts Choose Sides Regarding Whether Right to Repair Act is Exclusive Remedy for Homeowners
Garret Murai | California Construction Law Blog | August 9, 2017 Earlier, we wrote about an appellate court split concerning the Right to Repair Act (Civil Code sections 895 et seq.) which applies to construction defects in newly constructed residential properties including single-family homes and condominiums (but not condominium conversions) sold after January 1, 2003. The… Continue reading In Supreme Court Showdown, California Appeals Courts Choose Sides Regarding Whether Right to Repair Act is Exclusive Remedy for Homeowners
Builder Must Respond To Homeowner’s Notice Of Claim Within 14 Days Even If Construction Defect Claim Is Not Alleged With The “Reasonable Detail” Required By California’s Civil Code – Blanchette v. Superior Court (2017) 8 Cal.App.5th 521
Richard H. Glucksman and David A. Napper | Chapman Glucksman | May 25, 2017 On February 10, 2017, California’s Fourth District Court of Appeal held that if a builder fails to acknowledge receipt of a homeowner’s Notice of Claim within 14 days, as required by the Right to Repair Act (“SB800”), specifically California Civil Code §913, the… Continue reading Builder Must Respond To Homeowner’s Notice Of Claim Within 14 Days Even If Construction Defect Claim Is Not Alleged With The “Reasonable Detail” Required By California’s Civil Code – Blanchette v. Superior Court (2017) 8 Cal.App.5th 521
Third Appellate District Holds Right to Repair Act Precludes Certain Common Law Claims for Damages Caused by Construction Defects
Michael C. Parme and Zachary A. Price | Haight Brown & Bonesteel LLP | May 23, 2017 In Gillotti v. Stewart (No. C075611, filed 4/26/17, publication order 5/18/17), the California Court of Appeal for the Third Appellate District held that the Right to Repair Act, Civil Code section 895, et seq. (the “Act”) precludes common… Continue reading Third Appellate District Holds Right to Repair Act Precludes Certain Common Law Claims for Damages Caused by Construction Defects
Recent Developments in the Interpretation of California’s Right to Repair Act
Kevin Meade, Esq. and Scott Halberstadt, Esq. | The Amin Law Group | April 10, 2017 While we await the California Supreme Court’s opinion in the matter of McMillin Albany, LLC v. Superior Court, 239 Cal.App.4th 1132 (2015) (hereinafter “McMillin”)[1], we have received additional guidance regarding the application and interpretation of California’s Right to Repair… Continue reading Recent Developments in the Interpretation of California’s Right to Repair Act