Archive - March 17, 2014

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Important Appellate Decisions Impacting Builder’s Right To Repair Act – SB800

Important Appellate Decisions Impacting Builder’s Right To Repair Act – SB800

By: Jon A. Turigliatto and David A. Napper
March 17, 2014

EXECUTIVE SUMMARY:

As an update to our recent article regarding the Fourth District Court of Appeal’s decision in Liberty Mut. Ins. Co. v. Brookfield Crystal Cove LLC (2013), within the period of two days, two separate divisions of the Second District Court of Appeal issued opinions regarding the application of the Builder’s Right to Repair Act commonly referred to as SB800, and examining the Liberty Mutual decision. In Liberty Mutual, the Fourth District Court of Appeal held that SB800 is not a homeowner’s exclusive remedy for construction defects and that the statutory scheme does not eliminate a property owner’s common law rights and remedies where actual property damage has occurred.

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