Burch v Superior Court 2014 DJDAR 1991

The Right To Repair Act does not provide a homebuyer’s exclusive remedies for construction defects and does not bar common law claims for negligence or breach of implied warranty where defects results in property damage. A contractor which builds a new home under a contract with a developer/home seller may have a duty of care to prospective purchasers with whom the contractor is not in privity, and may be liable to prospective purchasers for breach of implied warrant under a theory that the home buyer is a third party beneficiary of the construction contract between the developer/seller and the contractor.