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IS THE RIGHT TO REPAIR ACT DEAD?

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A recent case is significantly changing the Right to Repair Act (Civil Code Section 895 et seq) so cherished by developers and routinely relied upon by them to defend construction defect claims:  Liberty Mutual v. Brookfield Crystal Cove Cal. App. LEXIS 687 (2013).  Pertinent Case Facts & Appellate Holding Liberty…
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UNLICENSED CONTRACTORS CAN SUE YOU FOR THEIR INJURIES

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Do not hire unlicensed contractors.  If you do, and they get hurt on your property, you will be liable for all injuries.  California Labor Code 2750.5 states that a person that hires another person to perform any work that requires a contractor’s license, is responsible for any injuries sustained by…
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NEW CASE: CONSTRUCTION DEFECT CLAIMS ARE NOT LIMITED TO THE RIGHT TO REPAIR ACT

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In Liberty Mutual Insurance Company v. Brookfield Crystal Cove LLC the California Court of Appeal (the “Court”) just held that The Right to Repair Act is not the sole means of recovery for construction defect claims against a builder. If you are unfamiliar with The Right to Repair Act, it…
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LEGAL UPDATE FOR OFFICERS OF PROPERTY MANAGEMENT FIRMS: CORPORATE OFFICERS ARE NOT PROTECTED BY THE BUSINESS JUDGMENT RULE

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The Business Judgment Rule (Rule) is a major protection for members of a board of directors.  The Rule protects board members for decisions that are reasonable exercises of business judgment, and whose actions are not an express violation of law, and whose actions are discretionary in nature.  The Rule protects…
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