Jampol Zimet LLP – November 12, 2013 The California Court of Appeals ruled this summer, in a surprising decision that has shaken the building industry, that the Right to Repair Act does not apply in cases where a home has suffered actual damages. In the case before the Court, Liberty Mutual Insurance Company v. Brookfield… Continue reading The Right to Repair Act Does Not Apply to Cases With Actual Property Damages
Tag: Right to Repair Act
SB800 Is Now Optional to the Homeowner?
James Ganion – August 30, 2013 Dear Builders, Colleagues, and Interested Parties: I attach for your review a copy of this week’s opinion of the California Court of Appeal in our case of Liberty Mutual v. Brookfield. This opinion represents a significant change to the right of California builders to repair homes under SB800, California’s… Continue reading SB800 Is Now Optional to the Homeowner?
Attorney Predicts More Lawsuits Over Home Defects
September 13, 2013 A recent state appellate court ruling that California’s Right to Repair Act is not the exclusive remedy for homeowners for actual damages resulting from construction defects will increase homeowner suits over defective construction, predicts David Frenznic, an attorney with the Sacramento law firm Wilke, Fleury, Hoffelt, Gould & Birney LLP. Although the… Continue reading Attorney Predicts More Lawsuits Over Home Defects
There’s More Than One Way to Skin a Cat When it Comes to Actual Damages Under SB 800
Garret Murai – September 10, 2013 In 2002, the California State Legislature enacted S.B. 800 also known as the “Right to Repair Act” (Civil Code sections 895 et seq.). SB 800, which applies to newly constructed single-family residences sold after January 1, 2003, was intended to curb construction defect lawsuits by giving developers an opportunity… Continue reading There’s More Than One Way to Skin a Cat When it Comes to Actual Damages Under SB 800
Construction Defect Litigation: Right to Repair Act (SB 800) Does Not Eliminate Common Law Remedies for Actual Damage to Residences
Mark Ellinghouse and Jon E. Goetz – September 5, 2013 California’s Right to Repair Act (also known as SB 800) provides court remedies for a homeowner when construction defects diminish the economic value of a home, even though no personal injuries or actual property damage have occurred. A recent California appellate court decision confirmed that… Continue reading Construction Defect Litigation: Right to Repair Act (SB 800) Does Not Eliminate Common Law Remedies for Actual Damage to Residences