Homebuilder fights 'fix-it' lawsuit

In the case Standard Pacific Corp. v. Superior Court, several owners of homes in a Southern California subdivision sued the builder, Standard Pacific, alleging construction defects. The builder requested that the court stay the proceedings until the homeowners complied with the requirements of California's "Fix-it" law, under which owners are required to give builders notice and opportunity to repair alleged defects prior to filing suit.

The owners argued that the builder's failure to comply with the Fix-it law's "documentation and information" production requirements (Sec. 912) released owners from the law's pre-litigation procedures. They argued that the burden of proving compliance was on the builder.

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