What Is the Right to Repair Act in California?

July 28, 2018
Posted on: July 28, 2018
Author: Ramey Law P.C.
right to repair

Why Is the Right to Repair Act Important?

According to the California Supreme Court, the Right to Repair Act is the “sole remedy for residential construction defect claims, except claims for breach of contract, fraud and personal injury. This law requires California homeowners to provide notice to the builder of a new residential development before filing a lawsuit, in order to give them the “right to repair” the defect before any further action.

What Is the Right to Repair Act?

If you recently purchased a new home in California and you noticed a construction defect, you will probably be required to follow the procedures under the Right to Repair Act to fix the defect, which means before filing a complaint you must serve notice of the defect to the contractor, which allows the contractor an opportunity to repair the defect before any threats of litigation. Proper legal notice includes giving the contractor:

  • Notice of the claim
  • A chance to inspect the construction defect
  • An opportunity to offer a settlement and/or repair the defect.

As a homeowner under the Right to Repair Act, you should also provide any evidence that details the nature of the construction defect, such as photographs, videos, and any reports from other construction experts. Once the contractor receives the defect notice, he or she can inspect the defect and decide what action is next.

If you are a California homeowner who has found a construction defect in your home, you are probably concerned about what to do next under the Right to Repair Act. Contact the attorneys at Ramey Law P.C. and we can possibly give you answers that you need.