Consumer Attorneys Are Receptive to Law, Warn Homeowners to Protect Rights
Newport Beach, CA - September 4, 2002 - New construction defect legislation passed this week which clearly specifies that a homeowner has a direct right to bring an action for construction defects after proper notice and an opportunity for repair is given to builders, according to The Miller Law Firm of Newport Beach.
The new law brings relief to homeowners after the Aas decision, which was originally handed down on December 4, 2000 (Aas v. Superior Court of San Diego County (2000) 24 Cal. 4th 627). Aas provided that builders might not be held liable for construction defects unless those defects have caused death, bodily injury or actual property damage.
The newly passed SB 800, will come into effect for homes sold on or after January 1, 2003.
Thomas E. Miller, a long-time consumer advocate and attorney states, "This legislation is the culmination of years of negotiation between the building industry and the Consumer Attorneys of California. This is a step forward for homeowners' right to own homes free of risks to life safety. For the average homeowner that just wants the benefit of their home, this is truly a victory."
The newly passed legislation makes four major changes to the existing law and adds Civil Code Section 43.99. First, this has the effect of broadening the definition of construction defects to a more comprehensive group. Second, this code section requires that a person making a claim for defects provide notice to builders regarding alleged violations prior to bringing a lawsuit. The builder then has a right to inspect, test and repair, on their own or through a licensed 3rd party contractor. After the inspection, builders have an absolute right to repair alleged defects. Last, the homeowner may bring action if the repairs are not made, or repairs are inadequate.
"This confirms the importance of homeowners' safety," according to Rachel Miller, Consumer Attorney of California board member. "Families with unsafe or poorly constructed homes will now be covered under an expedited process. It is still crucial that homeowners seek professional help to become aware of the notice and filing process. In practice, homeowners who do not follow the filing process exactly can be out of luck and miss their opportunity to seek relief in the courts"
Thomas E. Miller of The Miller Law Firm has recovered over $450 million on behalf of associations and homeowners all over the Western United States, and recently co-authored a handbook with his daughter, Rachel Miller, Home and Condo Defects: A Guide to Faulty Construction.
The Newport Beach and Los Angeles-based attorneys, are also the authors of the textbook, Construction Defect Law for the Western States, which examines many aspects of construction defect law, such as the impact of environmental law theories on residential real estate and an analysis of legislative agendas of builders' associations throughout the West.
Tom Miller is a nationally recognized specialist in construction defect and land subsidence claims. His daughter Rachel, is a consumer advocate/attorney who frequently addresses residential construction issues with homeowners' groups and legislators. She served on William Lockyer's Blue Ribbon Task Force on the Future of the California Home Building Industry and is a member of the Board of Directors of The Consumer Attorneys of California.
More On SB 800:
Insurance Group Frets Over California Construction-Defect Bill
© Copyright 2009 The Miller Law Firm. All rights Reserved.
If you experience problems or have questions, contact us at Info@ConstructionDefects.com.
|
