Legal Question in Construction Law in California

what rights do contractors have to repair complaints from homeowners


Asked on 5/27/10, 11:02 am

2 Answers from Attorneys

It depends on the project. For multi unit condo and town house development there is a whole statutory scheme for resolving defect claims including a right to repair. For commercial, infrastructure and other residential properties, however, there is no absolute right to attempt repairs. Disputes over defects are subject to the general principals of contract law that a party claiming the other party breached must also show that they took all reasonable steps to mitigate their damages. So if a homeowner unreasonably refuses to allow the contractor to inspect and repair at no charge, they are setting themselves up for the contractor to have the defense of failure to mitigate damages. If the homeowner really believes the contractor cannot or should not be allowed to repair, the homeowner can take the risk that the contractor will have that defense.

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Answered on 5/27/10, 2:41 pm
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

I agree, and would add that other factors to consider (for the parties, the judge or the jury) might include whether the contract was more or less on schedule and the contractor appeared to have the time and the competence to do timely corrections, or whether the contractor was a goof-off whose overall performance was jeopardizing the client's deadlines.

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Answered on 5/27/10, 4:29 pm


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