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Civil Litigation,
Construction

Feb. 6, 2019

Actual and economic damages in construction defect cases

Until recently, there has been an open question regarding whether homeowners have to comply with the Right to Repair Act’s prelitigation procedures if they are only claiming economic damages.

Garret D. Murai

Partner
Nomos LLP

Garret is the editor of the California Construction Law Blog at www.calconstructionlawblog.com.

See more...

Actual and economic damages in construction defect cases
Shutterstock

CONSTRUCTION CORNER

Civil litigation attorneys often talk about "damages." Because without damages...well...you're out of luck.

But damages come in different flavors. In construction litigation, when it comes to defective construction, there are two basic flavors: actual damages and economic damages. Actual damages include proper...

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Related Content

Torts

Aas v. Superior Court (In re William Lyon Co.)

Construction defects that do not cause physical damage do not support claim of negligence or strict liability.

Real Property

Liberty Mutual Insurance Co. v. Brookfield Crystal Cove LLC

Insurer may file suit against developer to recover expenses caused by construction defects after pipe burst and caused significant damage to insured’s home.

Administrative Agencies

McMillin Albany LLC v. Superior Court (Carl Van Tassell et al.)

Regardless of whether homeowners allege cause of action under Right to Repair Act for construction defects, they are required to comply with Act's prelitigation procedures.

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Gillotti v. Stewart

In construction defect lawsuit brought under Right to Repair Act, homeowner fails to overturn favorable judgment against grading subcontractor for tree damage.

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McMillin Albany LLC v. Superior Court

Claims arising from residential construction which seek recovery for defect damages as contemplated by the Right to Repair Act are subject to the prelitigation procedures entailed in Act.



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