McCaffrey Group, Inc. v. Superior Court

Opinion

GOMES, J.

In this case, we are asked to determine the enforceability of provisions in home purchase contracts that require the homeowners to submit their construction defect claims to nonadversarial prelitigation procedures before proceeding with a lawsuit. Those procedures include providing the builder with notice of the claimed defect, giving the builder the right to inspect and correct it, and, if the homeowner is still unsatisfied, engaging in nonbinding mediation. In contrast to the trial court, we find the provisions enforceable and grant the relief the petitioner seeks.

FACTUAL…