Construction Defects: Does the ‘Right to Repair’ Statute Have Defects of Its Own?

Litigation over a defect in a newly purchased home, between a builder and homeowner, often leads to expensive and large multi-party lawsuits.

California’s Right to Repair Statute

California’s “right to repair” statute – SB800 – was a compromise between plaintiff attorneys and the building industry to control docket-choking litigation against homebuilders and general contractors. However, according to attorney Richard Glucksman, who defends builders and contractors, plaintiff attorneys are attempting to circumvent the law, filing lawsuits suits for damages, not repairs, without first complying with the notice provisions of the law.