California Court of Appeal

The trial court's order granting summary adjudication in favor of defendant-builders in a construction defect action alleging negligence and breach of implied warranty is reversed and remanded, where: 1) the Right to Repair Act does not provide the exclusive remedy for a homeowner seeking damages for construction defects that have resulted in property damage, as here; and 2) defendants Custom Home Builders, Warren, and Sahar failed to negate a duty of care owed to plaintiff as a prospective purchaser and failed to negate an implied warranty in favor of plaintiff as a third party beneficiary of the construction contract.

Appellate Information

• Decided 02/19/2014
• Published 02/19/2014

Judges

• CROSKEY

Court

• California Court of Appeal

Counsel