Litigation
Sep. 20, 2013
Common law defect remedies live on
Last month a Court of Appeal decided that California's "Right to Repair" law does not supplant common law remedies for construction defects. By Gerald M. Serlin and Wendy S. Albers
In the late 1990s, the state Legislature was confronting a maelstrom. Construction defect litigation - for alleged defects that had not yet caused property damage or personal injury - was at an all time high, which in turn increased housing costs and created an "affordable housing crisis." The targets of the litigation - builders and developers, subcontractors, and insurers - voiced their concerns. Compounding the...
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