Don't know why May 2008's issue of Builder & Developer Magazine is just hitting my mailbox, however, inside the issue is an article by litigator Joe Ferrentino of Newmeyer & Dillon LLP in Newport Beach CA.
Joe's article discusses the "Right to Repair law" known as SB-800 and reviews what rights builders have and steps builders must take to protect those rights. The author predicts a coming wave of litigation brought about by plaintiff attorney's who fins easy targets in homeowners, who are unable to sell their homes due to current market conditions and see nothing to lose in tying up a property that isn't selling with litigation to recover for "defects".
Joe advises builders to carefully reviewing their risk management strategies as all the ingredients for the perfect litigation wave are present...
One thing the article doesn't discuss and is important to note, builders have to give maintenance manuals and owners are expected to maintain and inspect to be able to make claims later on "defects" that were instead caused by a lack of proper maintenance.
Read the article at Builder & Developer by clicking on our Headline above...
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