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Construction Defects Archives

The Right to Repair Act is not the Exclusive Remedy When Actual Damages are Present

The California Legislature enacted S.B. 800 (aka the "Right to Repair Act") in 2002 to provide builders, subcontractors, product manufacturers and design professionals an opportunity to repair construction defects before a new homeowner initiated court proceedings. S.B. 800 applies to construction defects identified in new residential construction and was an effort by the Legislature to reduce construction defect lawsuits.

Court confirms designers may be liable to HOAs for defects under tort law and SB 800

A new California appellate court opinion (Beacon Residential Community Association v. Skidmore, Owings & Merrill LLP et al), issued December 13, 2012, confirms that construction design professionals may be held liable to third parties, including homeowners associations, for defects resulting from design decisions. The court held that both common law negligence and California's construction defect statute SB 800 could support a claim.

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