• In a Win For Homebuilders, a California Court Strengthens the Scope and Applicability of the Right to Repair Act
  • September 14, 2015
  • Law Firm: Payne Fears LLP - Irvine Office
  • In McMillin Albany, LLC, v. Superior Court, -- Cal. App. 4th -- , 2015 WL 5029324 (Aug. 26, 2015), the Court of Appeal held last week that when homeowners allege deficiencies in residential construction, they must comply with the prelitigation procedures of the Right to Repair Act, even if they only assert common law causes of action for construction defects and do not seek any remedies under the Act. The Court of Appeal also stated in dicta that a homeowner's exclusive remedy lies under the Act and that common law causes of action, such as negligence or strict liability, are no longer viable.