Homeowners Can’t Put the Cart Before the Horse: Notice of Claim Must Come Before a Document Demand in Defect Actions

December 7, 2012 – (RealEstateRama) — Senate Bill 800, commonly known as the “Right to Repair,” became effective January 1, 2003 and establishes a mandatory process prior to the filing of certain types of construction defect claims against homebuilders. This law, codified as Title 7 of the California Civil Code, applies whenever there are defects alleged by a homeowner in new residential construction. The legislative intent of this law is to afford both homeowners and homebuilders the opportunity for quick and fair resolution of claims so that homebuilders can work with their homeowners to ensure that they are content with the construction of their home.