Right to Repair Act Timing Requirements are Strictly Construed

Blanchetter v. Superior Court, 2/10/17, 4DCA/1

This is a construction defect case under the Right to Repair Act (RRA).  Before it can commence a construction defect case, the RRA requires the owner to provide the builder 14-days notice with a defect list in reasonable detail.  The builder then has 14 days to respond to the notice, another 14 days to inspect the building, and 30 days after that to offer to repair the claimed defects. Here, the owner gave notice on February 2.  The builder responded on February 22, saying that the defect list was not specific enough. The homeowner sued and the trial court stayed the action, agreeing with builder that the defect notice was not specific enough.  The appellate court granted owner’s writ petition.  Held: Writ granted, and stay dissolved.

The RRA states that the notice “shall describe the claim in reasonable detail sufficient to determine the nature and location, to the extent known, of the claimed violation.” Compliance with section 910 is a prerequisite to filing a lawsuit.   Section 913 says that “the builder must acknowledge in writing its receipt of the notice of the claim within 14 days after the claim is received.” Section 915 says that if a “builder fails to acknowledge receipt of the notice of a claim within the time specified . . . this chapter does not apply and the homeowner is released from the requirements of this chapter and may proceed with the filing of an action.” Section 930 says that the “time periods and all other requirements in this chapter are to be strictly construed, and, unless extended by the mutual agreement of the parties in accordance with this chapter, shall govern the rights and obligations under this title.”  

The court held that if the builder wanted more specific notice, it should have responded within the 14-day period.

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