Christopher Wright wrote: "A suit for financial losses due to non compliance
with the code may be maintained against the EOR."
Not necessarily. Economic loss in California cannot be claimed unless
they have caused damage to other property or personal injury.
This theory began with a case called "Seely"; a more recent case ( summer
1998) called Aas v Lyon held that a claim that "inadequate shear walls were
built, by itself, does not support a right to a claim for damages, unless
this defect caused other property damage or personal injury." The same case
held that "stigma" damages cannot be maintained in Calif. ( ie a building is
known to be with some defect, as here, lack of adequate shear walls).
This was the holding by the Calif. Court of Appeal. The Cal Sup Court is
expected to rule on this issue any time now. Will keep you posted.
PS I tried to send this message but I did not get the box saying your e-mail
has been sent. Apologies if you get this message more than once!!