Richard H. Glucksman, Esq. and Chelsea L. Zwart, Esq. | Construction Defect Journal | June 5, 2017 Background In Gillotti v. Stewart (April 26, 2017) 2017 WL 1488711, which was ordered to be published on May 18, 2017, the defendant grading subcontractor added soil over tree roots to level the driveway on the plaintiff homeowner’s… Continue reading Gillotti v. Stewart (2017) 2017 WL 1488711 Rejects Liberty Mutual, Holding Once Again that the Right to Repair Act is the Exclusive Remedy for Construction Defect Claims
Tag: Right to Repair
Construction Defect – Application of the Right to Repair Statute to Material Suppliers
Joseph M. Fenech | Low, Ball & Lynch | February 2017 The Right to Repair Statute in California requires a homeowner show a breach of contract or negligence to succeed. Acqua Vista Homeowners Association v. MWI, Inc. California Court of Appeals, Fourth Appellate District (January 26, 2017) Civil Code § 8951 et seq. (the “Act”)… Continue reading Construction Defect – Application of the Right to Repair Statute to Material Suppliers
Is SB 800 Still a Thing?
Elizabeth D. Beckman | Kramer deBoer & Keane, LLP A recent opinion by the California Fifth District Court of Appeal shows that California’s “Right to Repair Act,” or SB 800, may not be quite as dead in the water as previously thought. In a twenty-page opinion, the Court took great offense with the Fourth District’s… Continue reading Is SB 800 Still a Thing?
Litigation Against Florida Peninsula Related To The Right/Option To Repair Will Not Be Stayed
Shaun Marker | Property Insurance Coverage Law Blog | November 17, 2015 This post follows up on my last post involving the insurance carriers’ right to repair. In a recent court case,1 the insurer invoked its option to repair and asked that litigation be stayed until the policyholder complied with the “right to repair” option… Continue reading Litigation Against Florida Peninsula Related To The Right/Option To Repair Will Not Be Stayed
The Right to Repair Act Isn’t Out for the Count, Yet. Homebuilders Fight Back
Garret Murai | California Construction Law Blog | September 30, 2015 The Little Case That Roared Two years ago we wrote about a case that caused an uproar in the homebuilding industry – Liberty Mutual Insurance Company v. Brookfield Crystal Cove LLC, 219 Cal.App.4th 98 (2013) – in which the California Court of Appeals for the Fourth District held… Continue reading The Right to Repair Act Isn’t Out for the Count, Yet. Homebuilders Fight Back