Does The New Law Include Defenses and Other Limitations On A Defendants Liability?
Yes. “A homeowner is obligated to follow all reasonable maintenance obligations and schedules communicated in writing to the homeowner by the builder and product manufacturers, as well as commonly accepted maintenance practices. A failure by a homeowner to follow these obligations, schedules, and practices may subject the homeowner to the affirmative defenses…” Other Issues: At anytime during the dispute resolution process a builder may offer to pay cash rather than make the repairs. If the dispute is settled in accordance with the procedures in the new law, SB 800 does not have provisions that require the parties to enter into a legal release. If upgrades or a cash payment is made, a release maybe available. The foregoing discussion is a brief overview of the Calderon Act and SB 800. While a substantial portion of the text of the article is taken directly from the two statutes, the two legislative acts contain numerous detailed and specific requirements. If you are involved in a dis
