Right To Repair Act Is Not The Exclusive Remedy In Construction Defect Cases.

A construction company built a home, which was purchased from the developer by plaintiff. In her action against the builder and developer, plaintiff alleged the home suffered from numerous construction defects. The trial court granted defendants’ summary adjudication of issues after defendants argued the Right to Repair Act [Civil Code section 895, et seq.] provides the exclusive remedy for a homeowner seeking damages for construction defects and precludes common law causes of action for negligence and breach of implied warranty. The appellate court granted extraordinary relief, stating: “We hold that the Right to Repair Act does not provide the exclusive remedy for a homeowner seeking damages for construction defects that have resulted in property damage, as here.” (Burch v. Sup. Ct. (Premier Homes, LLC) (Cal. App. Second Dist., Div. 3; February 19, 2014) 223 Cal.App.4th 1411, [168 Cal.Rptr.3d 81].)