Gillotti v. Stewart

The Right to Repair Act applies to all construction defects in new housing and affords an exclusive remedy, preempting any common law claims, even when the homeowner sustains actual damage. Disagreeing with Liberty Mutual Insurance Co. v. Brookfield Crystal Cove LLC (2013) 219 Cal.App.4th 98, this decision holds that the Right to Repair Act applies to all construction defects in new housing and affords an exclusive remedy, preempting any common law claims, even when the homeowner sustains actual damage.  The decision also holds that the Act is not limited defects in the house structure, but also includes claims arising from defects in other improvements to the property, including in this case, the driveway.  So the homeowner could not allege a common law negligence claim against the contractor that leveled the driveway area, thus allegedly covering tree roots with soil leading to their death.

California Court of Appeal, Third District (Hull, J.); April 26, 2017 (published May 18, 2017); 2017 WL 1488711

Advertisements

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out / Change )

Twitter picture

You are commenting using your Twitter account. Log Out / Change )

Facebook photo

You are commenting using your Facebook account. Log Out / Change )

Google+ photo

You are commenting using your Google+ account. Log Out / Change )

Connecting to %s