I was talking today with ALEX “TREY” ROBERTSON, IV, Esq., who is a Senior Partner at ROBERTSON & VICK, LLP. He practices construction defect litigation and so we were discussing the potential pitfalls of homeownership, even with new homes, and what the law allows for these newly built properties. Here's some great information he offered:
WHAT EVERY HOMEOWNER NEEDS TO KNOW ABOUT CALIFORNIA’S “RIGHT TO REPAIR” LAW
"Sometimes, a dream home can turn into your worst nightmare! Leaking windows, roofs plumbing, or worse, often are the result of the builder’s defective construction. Fortunately, homeowners have a strong remedy provided by California’s construction defect laws. Senate Bill 800, commonly referred to as the builder’s “Right to Repair” law, applies to new residences where the purchase agreement with the buyer was signed by the seller on or after January 1, 2003. This law establishes a mandatory procedure for homeowners to make a claim against the builder prior to the filing of a lawsuit for defective construction.
Most importantly, the law extends the typical one (1) year warranty obligations of builders, subcontractors, product manufacturers and designers to as much as ten (10) years following close of escrow. This warranty is available to both the original owner and to all subsequent purchasers as well.
This law provides that the builder, subcontractors, product manufacturers and design professionals are all liable for violation of construction standards specified in the statute. The statute sets forth certain “performance” criteria and the applicable length of time the warranty applies. For instance, the following construction components have these warranty periods:
10 years: plumbing, sewer and utility systems shall not leak; retaining walls, site walls and drainage systems shall not cause water or soil erosion to enter into contact with a structure; shower and bath enclosures shall not leak water into the interior of walls or floors; stucco, exterior siding and other exterior finishes shall not contain significant cracks or separations; and soils shall not cause damage to any structure or cause the structure to become unstable.
5 years: paint and stain applications
4 years; electrical, plumbing and sewer systems must operate properly
2 years: Landscape systems, dryer ducts and untreated wood posts in contact with soil
1 year: noise transmission from adjacent units in attached dwellings (i.e. condos).
Once a homeowner makes a claim to the builder, the builder has the option to offer to perform a repair. While the homeowner cannot object to builder’s offer to perform the repair, the builder cannot require the homeowner to sign a release, waiving the homeowner’s right to sue if the repair fails. If the builder fails to respond to the homeowner’s claim, or refuses to offer a repair, the homeowner may then file suit against the builder to recover the reasonable cost to repair the defect, together with any relocation and storage expenses, lost business income if the home was used as a principal place of business, reasonable investigative costs and attorney’s fees, if provided in the purchase agreement.
The “Right to Repar” statutes are complicated and different deadlines to make a claim apply to each type of defect. Thus, homeowners are encouraged to consult an experienced construction defect attorney for advice as soon as a defect is discovered."
[Robertson & Vick, LLP concentrates in the representation of homeowners and homeowner associations in construction defect litigation. The firm is based in Westlake Village, and also has offices in Las Vegas and Albuquerque. For more information, visit www.rvcdlaw.com or call Alex Robertson, IV at (805) 418-9900.]
I always advise my clients to seek the professional opinion of a knowledgeable and reputable source. Should you or someone you know would like more information about this or a related topic, feel free to contact myself and/or Alex. Also, if you have something to say – feel free to COMMENT (by clicking on the title to this blog), email: schristie@cghomes.com, or call: 805.582.9500.