The California Supreme Court’s decision in Aas v. Superior Court 24 Cal.4th 627 (2000) held that the economic loss rule barred homeowner construction defect claims that were limited to solely economic losses. In response, in 2002 the California legislature passed SB800, commonly known as the Right to Repair Act (the “Act”), which comprehensively reformed California construction defect litigation. The Act requires homeowners to participate in a comprehensive pre-litigation dispute resolution process which affords builders an opportunity to cure alleged defects prior to a lawsuit being filed.
Continue ReadingCalifornia Supreme Court Confirms California’s Right to Repair Act (SB800) is the Exclusive Remedy for Claims Alleging Property Damage from Construction Defects, Reversing Prior Case Law
California Appellate Court Rejects Argument that Policy Coverage is Triggered by Date that Claimant had Right to File Lawsuit, Rather than Date of Damage
A recent California appellate court decision rejected the argument often raised by insurers in construction defect cases that policies providing ongoing operations coverage do not extend to third party claims filed after operations have been completed.
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