Gilotti v. Stewart CA3 filed 4/26/17
In this construction defect lawsuit by a homeowner, the jury found the general
contractor -- defendant Estate of William G. Davidson, formerly Davidson Construction
(Davidson) -- negligent and liable for some, but not all, alleged violations of building
standards under the Right to Repair Act, Civil Code section 895, et seq. (the Act). The
estate is a proper party where the decedent was protected by insurance. (Prob. Code,
§ 550.) (Unless otherwise noted, statutory references that follow are to the Civil Code.)
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The estate is a proper party where the decedent was protected by insurance. (Prob. Code,
§ 550.) The Act makes the builder who sells homes liable for violations without proof of
negligence (§§ 911, 942), while general contractors and subcontractors not involved in
home sales are liable only if the plaintiff proves they negligently caused the violation in
whole or part (§§ 911, subd. (b), 936).
Comments on Gilotti v. Stewart CA3 filed 4/26/17