Pa. Gov. Rendell Vetoes Homebuilder Damages Cap Deemed Unconstitutional

March 19, 2006

  • March 20, 2006 at 4:54 am
    CSH says:
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    Laws like this have been called many things by the builders associations who invented them:

    Right to Repair
    Right to Cure
    Notice and Opportunity to Repair (NOR)
    Right to Remedy
    Homeowner Construction Defect Protection Act
    Construction Defect Dispute Resolution Act

    No matter what they are calling it, it is written by, and for, the protection of builders. Bad builders are protected right along with the good ones.

    On any given day a person can find the same builders who are involved in construction defect lawsuits over serious flaws in their work have been given major awards by their industry or highly rated by \”trusted\” consumer surveys.

    Home buyers are told to \”do your homework,\” but complaints are increasingly hidden by private arbitration procedings, and/or never made public by state agencies and BBB\’s when consumers are told the complaints are public info.

    It is high time the legislation tipped the other way. Strong licensing requirements with a requirement for insurance and bonding, and laws that are enforced swiftly on builders who can\’t–or won\’t–build houses right and honor the warranty. A house, or a major remodeling project, or a new roof, etc, are too important to say \”buyer beware\” and then assist the shoddy ones in further escaping liability by passing laws like Right to Repair.

    Good for Governor Rendell for vetoing this bill. He still doesn\’t appear to understand that arbitration is bad for the consumer but at least his comments make readers realize it also protects builders, not consumers. His veto saved many state residents from a much worse situation, IMO.

  • March 21, 2006 at 1:58 am
    Chris says:
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    The only problem with that is then the homebuilders (who don\’t actually build the homes, they finance the developments) would have to be responsible for the work of the various subcontractors\’ employees (otherwise known as day-laborers) that they hire to actually do the work. And that ain\’t gonna happen, not during a \”building boom\” where homebuilders have the cash flow to buy, er, lobby state politicians.

    One has to only look at the gross miscarriage of justice in Texas to see what kind of power the hoembuilders have.

  • March 21, 2006 at 5:24 am
    John Cobarruvias says:
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    Good for the Governor! The first type of this bill was filed in Texas in 1989. It failed so badly that a new Commission to regulate the builders was created. Unfortunately the builders wrote the bill, it protects the builders, and is stacked with builders. It just doesnt get any worse than Texas!

    Good for the Governor for having the guts to call the builders on this horrible legislation.



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