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Homeowners Attempt to "Return to AAS"; Builder Seeks Writ Relief



by Andrew M. Morgan
Borton Petrini, LLP - Bakersfield Office

Calvin R. Stead
Borton Petrini, LLP - Bakersfield Office

August 1, 2014

Previously published on Summer 2014

Civil Code section 895 et seq. ("the Act" or "SB800") sets forth construction standards for residential homes sold after January 1, 2003. It makes violation of the standards actionable regardless of whether the violation(s) caused actual property damage, effectively abrogating the economic loss rule as articulated in Aas v. Superior Court (2000) 24 Cal.4th 627 ("Aas"). The Act also requires the homeowner to engage in a non-adversarial pre-litigation inspection and repair procedure if the builder has complied with certain notice and recording requirements. If a homeowner files a lawsuit without engaging in the pre-litigation procedures, the builder has the right to bring a motion to stay the case until the procedures are completed.


 

The views expressed in this document are solely the views of the author and not Martindale-Hubbell. This document is intended for informational purposes only and is not legal advice or a substitute for consultation with a licensed legal professional in a particular case or circumstance.
 

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Author
 
Andrew M. Morgan
Calvin R. Stead
Practice Area
 
Construction Law
 
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