Contracts & ExecutionQuestion 545 of 690
A new single-family home built in 2022 develops water intrusion at exterior windows in 2025. Under Civil Code §896 (SB 800 / Right to Repair Act), the homeowner's PRIMARY remedy is:
a.Immediately file a lawsuit for breach of contract
b.File a mechanics lien against the builder
c.Report the builder to the CSLB before any other action
d.Serve a pre-litigation claim notice on the builder and allow the statutory inspection and repair process before filing suit
Explanation
Civil Code §896 and §910 et seq. (SB 800) require a homeowner with a covered construction defect to first serve written notice on the builder and allow the statutory inspection and repair process. Direct litigation is generally barred until that process is complete or waived.
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