California Appellate Tracker

Acqua Vista Homeowners Association v. MWI, Inc.

January 31, 2017

A materials supplier may be held liable under Civil Code 895 for defects in newly built residences only if (a) the supplier is strictly liable in tort, or (b) the supplier contributed to the defects by its own negligent act or omission or breach of contract.

Under the Right to Repair Act (Civ. Code 895), a material supplier may be held liable for defects in new construction of residences only if (a) the supplier is strictly liable in tort under normal common law standards, or (b) the supplier contributed to a violation of section 895’s standards by its own negligent act or omission or breach of contract.

California Court of Appeal, Fourth District, Division 1 (Aaron, J.); January 26, 2017; 2017 WL 371379

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Acqua Vista Homeowners Association v. MWI, Inc.

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