Bloomberg Law’s® extensive network of reporters and editors provides comprehensive authoritative coverage of significant developments and issues in product safety and liability...
California homeowners may have a tougher time wringing damages from builders for alleged construction defects.
The California Supreme Court ruled Jan. 18 that a 2002 litigation overhaul law, the Right to Repair Act, provides the exclusive remedy for most property damage claims over construction defects.
The 2002 law does not affect suits for personal injury, breach of contract, or fraud. But it displaces traditional legal remedies for most claims over economic losses against home builders stemming from construction flaws, the top court said.
It also provides new rules for recovering damages, the court said.
The decision is a blow to homeowners Carl and Sandra Van Tassel who sued general contractor McMillin Albany LLC in 2013. They alleged extensive construction defects in their new home caused extensive property damage and a loss in home value.
The family must comply with the law’s pre-litigation procedures before their suit may proceed through the courts, the court said.
The procedures include a dispute resolution process that provides builders with notice of alleged construction defects and the opportunity to remedy the defects before the suit can advance.
As the plaintiffs failed to follow the law’s procedures, the court ordered the suit be held in abeyance to allow the parties to follow the process contemplated by the law.
The family’s attorneys include Milstein Adelman Jackson Fairchild & Wade. The defendant’s attorneys include Borton Petrini.
The case is McMillan Albany LLC v. Superior Court of Kern County , 2018 BL 16454, Cal., No. S. 229762, 1/18/18 .
To contact the reporter on this story: Bruce Kaufman in Washington at firstname.lastname@example.org
To contact the editor responsible for this story: Steven Patrick at email@example.com
Copyright © 2018 The Bureau of National Affairs, Inc. All Rights Reserved.
All Bloomberg BNA treatises are available on standing order, which ensures you will always receive the most current edition of the book or supplement of the title you have ordered from Bloomberg BNA’s book division. As soon as a new supplement or edition is published (usually annually) for a title you’ve previously purchased and requested to be placed on standing order, we’ll ship it to you to review for 30 days without any obligation. During this period, you can either (a) honor the invoice and receive a 5% discount (in addition to any other discounts you may qualify for) off the then-current price of the update, plus shipping and handling or (b) return the book(s), in which case, your invoice will be cancelled upon receipt of the book(s). Call us for a prepaid UPS label for your return. It’s as simple and easy as that. Most importantly, standing orders mean you will never have to worry about the timeliness of the information you’re relying on. And, you may discontinue standing orders at any time by contacting us at 1.800.960.1220 or by sending an email to firstname.lastname@example.org.
Put me on standing order at a 5% discount off list price of all future updates, in addition to any other discounts I may quality for. (Returnable within 30 days.)
Notify me when updates are available (No standing order will be created).
This Bloomberg BNA report is available on standing order, which ensures you will all receive the latest edition. This report is updated annually and we will send you the latest edition once it has been published. By signing up for standing order you will never have to worry about the timeliness of the information you need. And, you may discontinue standing orders at any time by contacting us at 1.800.372.1033, option 5, or by sending us an email to email@example.com.
Put me on standing order
Notify me when new releases are available (no standing order will be created)