Builders already control whether or not they are sued simply by how they respond to homeowners repair requests. Homeowners Legal Options Restricted by California Court Last December, the California Supreme Court dealt a blow to injured homeowners. In deciding the Aas case, they ruled that homeowners can t hold builders responsible for negligence until after injury occurs. In other words, if a homeowner discovers there is no firewall between the master bedroom with the fireplace and the nursery, he or she can t sue the builder for negligence until after the fire occurs. Homeowners Legal Rights Altogether AB 600 creates a friendly sounding home warranty but homeowners lose their legal rights to sue the irresponsible builder for negligence in order to obtain the warranty.
Warranties are available today without the requirement of homeowners forfeiting their legal rights.
Homeowners should not have to waive their legal options to protect their families and fix their homes to obtain a builder-controlled warranty. AB 600 expects the Contractor State Licensing Board already overwhelmed and undertrained to assume even more duties. If this agency is already unable to monitor poor construction, then homeowners must retain every other avenue available to them. Under AB 600, warranty disputes would be submitted to an arbitration hearing. The cost of construction consultants and experts that determine construction defects would be prohibitive for most homeowners.