Resolving a split in authority among the Courts of Appeal, a unanimous California Supreme Court has just ruled that the Right to Repair Act (the “Act”) is the exclusive remedy for most claims of defective construction. As a result of the Court’s decision in McMillin Albany v. Superior Court (Van Tassel), developers and sellers of new homes in this state have now won a major … [Read more...] about California Supreme Court rules to limit construction defect remedies against homebuilders under Right to Repair Act
construction
Prosecution of California cannabis industry attorney raises new concerns for property owners and their counsel
Ever since the passage of Proposition 215 in 1996, the legal status of marijuana in California might best be expressed as ambiguity and chaos. While some have sung the praises of this regime, others have characterized the results as a mixed bag. Even in the wake of last year’s vote adopting Proposition 64, which was intended to legalize the possession, cultivation, and sale of … [Read more...] about Prosecution of California cannabis industry attorney raises new concerns for property owners and their counsel
Property owners who proceed with construction lose the right to dispute permit conditions in recent California high court ruling
I’ve written frequently in my blog about the practical effects and critical function of land use laws and the dire consequences that can result when even the smallest details get overlooked. Thorny legal issues can arise when those regulations cross the shadowy line between permissible restrictions and impermissible takings. In a decision that highlights this continuing … [Read more...] about Property owners who proceed with construction lose the right to dispute permit conditions in recent California high court ruling
Oops! Developer who missed Mitigation Fee Act deadline loses claim
High impact fees After the passage of Proposition 13 in 1978, many California cities and counties turned to imposing high impact fees upon development projects (i.e., exactions required as a condition of project approval ) as a means of closing budget gaps sparked by the resultant decline in property tax revenues. At that time, if the fee was paid so that the project could … [Read more...] about Oops! Developer who missed Mitigation Fee Act deadline loses claim
Recent federal decision further expands professional duty of care in construction defect cases
It used to be hornbook law that the duty of care owed to third parties by architects, engineers and other similar professionals providing services on construction projects was circumscribed in construction defect litigation by principles of contract law privity. I have previously reported in this blog on the Beacon case, which extended the reach of this duty with respect to … [Read more...] about Recent federal decision further expands professional duty of care in construction defect cases