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California Right To Repair Law Attorney

At the Law Office of Eugene P. Haydu, we represent clients in the Sacramento area and throughout the state in a wide variety of construction defect claims. In practice since 1989, our California lawyer understands the Right to Repair Act and how it greatly impacts homeowners.

What Is The Right To Repair Act?

This law, enacted as California Civil Code section 896 from Senate Bill 800, is specific to California. It is commonly referred to as the "Right to Repair Act" and affects residential structures only. Written by the builders' lobby in an effort to prevent lawsuits, The Right to Repair Act requires homeowners to allow the residential builder to fix problems involving their residences. It also lays out the basic legal procedures to follow before filing a lawsuit, including:

  1. Notifying the builder in writing of a potential home defect by certified mail, overnight mail or personal service.
  2. Acknowledgement from the builder within 14 days that he has received the notice of claim.
  3. Within 30 days of the final inspection, the builder must give a notice to repair.
  4. The homeowner then has 30 days to respond.
  5. Repairs must be started within 14 days of choosing a contractor.

If the builder does not comply with this law, the homeowner has the right to file a lawsuit.

Why Do I Need An Attorney?

The Right to Repair Act is an ambiguous statute and the requirements can sometimes be interpreted more than one way. Its application often raises legal issues. For instance, if the builder makes an offer to repair the construction defect, yet the homeowner does not trust the builder or feels the builder will not perform the work competently, must he or she allow it? The statute does not provide a clear answer.

The statute has other complex requirements not listed above, so it is critical to have the guidance and representation of a skilled California construction defect lawyer throughout the process. Working with a building consultant, attorney Eugene P. Haydu will identify the nature of the defect and the applicable building standards within the Right to Repair Act. Mr. Haydu will also handle all necessary correspondence involving your claim.

Most importantly, Mr. Haydu will ensure that the entire process is handled correctly from the start. Our law firm has seen several cases where the homeowner sent the required notice to the builder, and the builder acknowledged that he received the letter, but the homeowner had failed to send the letter by the proper method. Because of one simple oversight, the judge ruled that the homeowner had not followed the statute and had to start all over again.

Contact Our Sacramento Homeowner Protection Lawyer

To schedule a free initial consultation with the Law Office of Eugene P. Haydu, call our Sacramento office at 916-677-4964, or contact our lawyer via the online email form.


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