Archive - April 2014

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Builder’s Alternative Non-Adversarial Pre-Litigation Procedures Are Enforceable And Homeowner Compliance Is Required Prior To Initiation Of Litigation

Builder’s Alternative Non-Adversarial Pre-Litigation Procedures Are Enforceable And Homeowner Compliance Is Required Prior To Initiation Of Litigation

The McCaffrey Group, Inc. v. Fresno County Sup. Ct. 2014 WL 1153392 (Cal.App.5 Dist.)

By: Jon A. Turigliatto and David A. Napper
April 14, 2014

There have recently been several appellate decisions avoiding the application and enforcement of the Right to Repair Act, California Civil Code §895 et seq. (“SB800”). Generally, SB 800 applies to all new residential construction sold after January 1, 2003. SB 800 provides builders with the right to inspect and repair construction defects before homeowners are permitted to initiate litigation. Similarly, SB 800 allows homeowners to seek repairs by a builder without having to initiate litigation.

The Fifth District Court of Appeal held that homeowners must comply with the builder’s alternative non-adversarial pre-litigation procedures prior to initiating construction defect litigation. , which include providing notice of the claim, giving McCaffrey an opportunity to repair and correct, and participating in nonbinding mediation.

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