California Builders Right To Repair Current Law Summary:
Current Law Summary: SB800 (codified as Civil Code §§895, et seq) is the most far-reaching, complex law regulating construction defect litigation, right to repair, warranty obligations and maintenance requirements transference in the country. In essence, to afford protection against frivolous lawsuits, builders shall do all the following:A homeowner is obligated to follow all reasonable maintenance obligations and schedules communicated in writing to the homeowner by the builder and product manufacturers, as well as commonly accepted maintenance practices. A failure by a homeowner to follow these obligations, schedules, and practices may subject the homeowner to the affirmative defenses.A builder, under the principles of comparative fault pertaining to affirmative defenses, may be excused, in whole or in part, from any obligation, damage, loss, or liability if the builder can demonstrate any of the following affirmative defenses in response to a claimed violation:
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Construction Expert Witness News and Information
For Anaheim California
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Claims Made Insurance Policies
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Enforcement Of Contractual Terms (E.G., Flow-Down, Field Verification, Shop Drawing Approval, And No-Damage-For-Delay Provisions)
Suppliers of Inherently Dangerous Raw Materials Remain Excluded from the Protections of the Component Parts Doctrine
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Labor Development Impacting Developers, Contractors, and Landowners
Neither Designated Work Exclusion nor Pre-Existing Damage Exclusion Defeat Duty to Defend
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Sanctions of $1.6 Million Plus Imposed on Contractor for Fabricating Evidence
California Plant Would Convert Wood Waste Into Hydrogen Fuel
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Lakewood Introduced City Ordinance to Battle Colorado’s CD Law
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Texas Federal Court Finds Total Pollution Exclusion Does Not Foreclose a Duty to Defend Waterway Degradation Lawsuit
Engineering Report Finds More Investigation Needed of Balconies at New Jersey Condo
Real Estate & Construction News Round-Up (10/06/21)
Appellate Court Lacks Jurisdiction Over Order Compelling Appraisal