What Is The Right To Repair Act (SB800)?
What Is The Right To Repair Act (SB800)?
One of the most common construction defect laws cited in California is the Right to Repair Act which was passed in 2002. It took effect on January 1, 2003. This act established a mandatory procedure that must be used by homeowners who have construction defect claims against the builder, subcontractor, product manufacturer or design professional of a new structure. This Act is cataloged as Senate Bill 800.
Before you start digging into the Act’s various time limitations, it’s important to determine if the act is applicable to your case as well as whether or not the builder has a right to reparations under the Act. Here at Naumann Law Firm, we would love to speak with you and listen to your side of the story to determine if you have a valid legal case and let you know how this or any other law applies to your situation.
Our expert construction defect attorneys can provide a more in depth analysis specific to your situation; however, to get an idea of what this act entails, let us explore some of the basics regarding the Right To Repair Act.
Although the Act covers new construction, it does not apply to condominium conversions, additions, and commercial projects that are less than a complete home.
It’s common for people to mistakenly believe that the law provides a builder with an automatic responsibility to repair a construction defect. However, this isn’t the case.
To be considered for the Act, a builder must meet certain requirements as set forth in Code Of Civil Procedure Section 912 (f, g and h). These include providing written notice to the buyer, attaching a copy of the Act to the purchase documents, and recording the right to repair in the title of the property. In addition, the builder must also notify the subsequent purchasers of the same.
Section 912 of the Act provides that if a builder fails to meet these requirements, they are not entitled to a right to repair. Also, the Act does not provide a pre-litigation procedure. This means that if a home owner or buyer sues the builder, they are no longer able to enforce their right to repair.
Although the Act does not provide a pre-litigation procedure, it still allows a home buyer or homeowner to sue the builder if they fail to provide proper notice. This means that if the builder fails to meet these requirements, the homeowner or buyer can still pursue other claims.
To explore more on this in conjunction with your case, we are ready to help.
If you feel you are a victim of a construction defect and legal recourse is needed, our team at Naumann Law Firm in San Diego can help. We have more than 35 years of experience handling significant construction defect cases. To contact us, call 844-492-7474 or visit our San Diego construction defect contact page. We also work with clients in Los Angeles, Orange County, Riverside, San Bernardino.
To learn more about construction defects, click our construction defect litigation page. If you have any questions or are unsure how to proceed, please contact us today for a free consultation with one of our construction defect attorneys.