Breaking Down Calif.'s Ever-Changing 'Right To Repair'

By Jason Feld (June 15, 2017, 3:58 PM EDT) -- On Sept. 20, 2002, California Governor Grey Davis signed into law Senate Bill 800 known as the "Right to Repair Act" in response to the building industry's demands to have an absolute right of repair for construction related deficiencies and the consumer bar's demands to eliminate the economic loss doctrine for defects that must result in damage under the existing Aas v. Superior Court (2002) 24 Cal.4th 627 decision. The "Right to Repair Act" as codified in Civil Code §§ 895-945.5, often referred to as SB800 established a prelitigation protocol for construction defect claims for any property that was sold after Jan. 1, 2003, including certain obligations on the part of the homeowners, shortened statutes of limitations and functionality standards for construction. SB800 was to provide an exclusive remedy to homeowners through this statutory scheme (Civil Code §943) as opposed to pursuing traditional common law claims including negligence, breach of implied warranties and strict products liability. Now, over 15 years later, the applicability of the right to repair statute has been challenged with two competing lines of authority — both of which are valid California law and in direct conflict with each other....

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