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News & Publications >> Articles >> Right To Repair's Fate In Calif. Building Defect Claims

Right To Repair's Fate In Calif. Building Defect Claims

By Valentine S. Hoy and Timothy M. Hutter in Law360

Law360 (September 11, 2015) On Aug. 26, 2015, the Fifth Appellate District of the California Court of Appeal filed an opinion holding that Civil Code sections 895 through 945.5 (the Right to Repair Act) provides the exclusive remedy for residential construction defect claims. McMillin Albany LLC v. Superior Court rejected the reasoning and outcome of Liberty Mutual Insurance Company v. Brookfield Crystal Cove LLC, a decision from Division Three of the Fourth Appellate District in August 2013 and set the stage for the Supreme Court to resolve the issue once and for all.