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California Right to Repair Act

California has an extensive and detailed set of laws that set forth what standards builders and developers are supposed to meet when building residential structures. The California legislature has also provided for a builder's "right to repair" before any litigation can be commenced regarding defective construction. This act requires that a homeowner, or their attorney, provide information to the builder about the defective condition, and gives the builder an opportunity to investigate and propose a repair before the homeowner can file a legal complaint. There are a number of steps and procedures as part of this process, and the builder also has the option of proposing a cash settlement in lieu of repairs.

The right to repair statutes have been much criticized as generally a time wasting effort with little likelihood of real results. Nonetheless, homeowners need to be aware that these statutes set forth specific, and mandatory, steps that need to be completed before any legal action can be taken against a builder.

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