The Right to Repair Act: SB 800 After McMillin Albany LLC v. Superior Court
Does the Right to Repair Act (Civil Code §§ 895 et seq.) preclude a homeowner from bringing common law causes of action for defective conditions that resulted in physical damage to the home?
The California Supreme Court addresses this issue in its opinion in McMillin Albany LLC v. Superior Court, released January 18, 2018. The Supreme Court rules that the Right to Repair Act is the exclusive remedy for residential construction defect claims. The Supreme Court holds the Act displaces the common law for recovery of economic loss or property damage, whether or not a violation of the Act is specifically plead.
Read the Court's full opinion here.
Harmeyer Law Group specializes in residential construction defect claims and is an industry leader in understanding SB 800's impact on contractors and subcontractors. For any additional questions, or to schedule a meeting with HLG, please contact (619) 231-9800.