So You Think You Know The Law

January 2019

TRUE OR FALSE?

The Right to Repair Act does not eliminate common claims where the construction defects caused actual damage.

TRUE: A homeowner may also pursue common theories of negligence, strict liability, etc, where actual property damage or injury has occurred, in addition to a claim pursuant to the provisions of the Act.

TRUE OR FALSE?

The Right to Repair Act does not allow the homeowner to recover purely economic losses unless they are able to show property damage or personal injury.

FALSE: The homeowner may recover under the Act even though they have suffered no actual property damage or injury from the alleged defective construction.

TRUE OR FALSE?

General contractors, subcontractors, material suppliers, individual product manufacturers and design professionals may be subject to the Act’s requirements even though they are not involved in the sale of the home.

TRUE: Provided it is shown that their negligence or breach of contract caused a violation of the building standards, and the home was built for sale.

Please Note: This article is necessarily general in nature and is not a substitute for legal advice with respect to any particular case. Readers should consult with an attorney before taking any action affecting their interests.