Construction Defect – Application of the Right to Repair Statute to Material Suppliers (CA)

/ Owner - February 17, 2017

Civil Code § 8951 et seq. (the “Act”) establishes a set of building standards pertaining to new residential construction and provides homeowners with a cause of action against, among others, material suppliers, for a violation of the standards(§§ 896, 936). Here, the Fourth District Court of Appeals was asked to decide whether the Act requires homeowners suing a material supplier to prove that material supplied violated a particular standard of the Act as the result of negligence or a breach of contract. The Court concluded that a homeowner must prove that the Act was violated by showing a breach of contract or negligence in order to prevail.     Read the article…………

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