That was the common sense idea behind the groundbreaking SB 800 construction defect litigation reform known as the "Right to Repair Law". But since its adoption in 2002, some of the lawyers who were cut out of the process by SB 800 began to devise ways to get back into the action. Instead of telling the builder what is specifically wrong with the home, these lawyers send builders vague and non-specific notices of general defects such as “soils/drainage problems,” “slab efflorescence/peeling/chafing,” structural/framing defects/deficiencies,” window condensation – multiple locations,” “heating/cooling deficiencies,” and “window leaks – multiple locations.”
Imagine the dilemma of the builder who is given this list of repairs. It can’t determine what the problem is or where it is located. How can it fix a defect that is not even described in the slightest detail? If homeowners can assert unknown and speculative claims, there can be no right to repair. The claim will almost certainly go to litigation instead.
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