M E M O R A N D U M Re: Owner/Builder Liability to Subsequent Purchasers for Construction Defects.
By: Wade Johnson Date: September 2019 Issue: What is the liability of an owner-builder to subsequent purchasers for construction defects. A scenario that has presented itself has been when the seller of residential real estate acted in the capacity of “owner-builder” of his home and now the buyer brings a construction defect case. Is the...
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The Project: Ventura29, LLC purchased real property, located in the city of Buenaventura, California, from a private party. The sellers had previously received Tentative Tract Map approval for a multi-unit townhome project from the City. The Property abutted a parcel of real property owned by the City, who had acquired it in 1967.Ventura29 proceeded to...
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Control Issues On January 31, 2023, California’s First Appellate District published Delgala v. John Stewart Company, et al. 2023 WL 1792984, an opinion concerning the seminal case of Privette v. Superior Court (1993) 5 Cal.4th 689. In Privette, the California Supreme Court held that when injuries resulting from an independent contractor’s performance of inherently dangerous...
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