Must Follow Contractual Alternative To Right To Repair Act In Construction Defect Matters.

Plaintiffs, owners of 32 homes built by developer, brought a construction defect action.  Civil Code sections 895 through 945.5, the Right to Repair Act, prescribe non-adversarial pre-litigation procedures a homeowner must initiate prior to bringing a civil action against a builder for alleged construction deficiencies.  Plaintiffs contended the developer did not give the required notice under section 912.  The trial court ordered plaintiffs to observe certain contractual procedures.  The appellate court denied the plaintiff’s writ, finding the developer’s failure to comply with section 912 did not bar enforcement of its alternative contractual non-adversarial procedures.  Baeza v. Superior Court (Castle & Cooke California, Inc.) (Cal. App. Fifth Dist.;  December 14, 2011) 201 Cal.App.4th 1214.