SB 1271 Summary

• Requires sellers and construction professionals to receive notice of alleged construction defects and have opportunity to repair or replace defects before purchaser files a dwelling action, with a 60-day response period and reasonable time to complete repairs.

• Establishes bifurcated trial process where existence of defects, damages, and causation are determined separately from apportionment of fault among defendants and third-party defendants.

• Mandates purchasers file affidavits under penalty of perjury confirming they have read the complaint, agree with all allegations, and are not receiving anything of value in exchange for filing the dwelling action.

• Creates attorney fee and expert witness fee awards for prevailing parties in contested issues, with prevailing party status determined by comparing relief obtained to seller's pre-litigation repair offers or monetary compensation.

• Voids indemnity agreements in construction and architect-engineer contracts for dwellings that require indemnification for negligence of the promisee, with limited exceptions for accommodation property use and surety bonds.