Livingston Law Firm

We celebrate receiving the CCCBA platinum diversity award this year but there is still so much to do to increase diversity, inclusion and tolerance in the legal profession. #cccba4you

LLF PREVENTS LAWSUIT WITH RIGHT TO REPAIR ACT The California Right to Repair Act, Civil Code 895 et seq., provides standards for residential construction and legal remedies for violating those standards. The Act requires homeowners to give the builder notice of violations and provides the builder the right to inspect and repair defects at the builder’s option. (Civil Code 910, 912). For single family homes, a homeowner generally makes a claim to his/her homeowner’s ins...urer, and the insurer makes necessary repairs, if covered, promptly. The insurer must give the builder notice and an opportunity to repair before it makes the repairs. In a matter recently handled by Livingston Law Firm, the homeowner claimed a pipe broke damaging floors and cabinets. The homeowner’s insurer made repairs without giving the builder the opportunity to repair first. While our client, the builder, disputed liability, the failure of the insurer to give the builder the right to repair was a complete defense to the claim. When all the facts were presented, the homeowner’s insurer withdrew its claim.