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California Court of Appeal Opens Doors for Construction Defect Claims Outside of the Right to Repair Act
This Article is Part 1 in a series of articles discussing common considerations that homeowners should look for before, during, and after a residential construction project. Part 1 focuses on arguably the most important...more
As a construction defect attorney, I know I am not alone with the frustration in trying to interpret the confusing, ambiguous, and often times nonsensical language which comprises Arizona’s Purchaser Dwelling Act, promulgated...more
The California Court of Appeal recently issued a decision analyzing the application of the Right to Repair Act as applied to a company that provided an allegedly defective product in a residential construction project. In...more
McMillin Albany LLC v. Superior Court, No. S229762, 2018 Cal. LEXIS 211 (Jan. 18, 2018) - Several homeowners (“Plaintiffs”) brought suit against developer/general contractor McMillin Albany LLC (“McMillin”) for alleged...more
On January 18, 2018, in McMillin Albany LLC v. Superior Court, the California Supreme Court published a closely followed decision resolving a lower court split interpreting California’s Right to Repair Act (S.B. 800, Civ....more
A torrent of alerts have been flooding e-mail inboxes regarding the California Supreme Court’s decision in McMillin v. Superior Court, to reverse the Liberty Mutual Insurance Company v. Brookfield Crystal Cove LLC (2013)...more
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”)...more
In McMillin Albany, LLC v. Superior Court (available here), the Fifth Appellate District of the California Court of Appeal held that SB800 (Civil Code sections 895 through 945.5, the “Right to Repair Act”) is the only remedy...more
Under California's SB 800 "Right to Repair Act," a builder may obtain a "reasonable release" to resolve a construction defect claim in exchange for a cash payment. ...more