HOLDINGS: [1]-Pursuant to Civ. Code, § 936, when read in context with Civ. Code, §§ 896, 943, subd. (a), a homeowners association could not recover on a statutory construction defect claim against a supplier of allegedly defective pipes without proving that the supplier had caused a violation of a statutory standard as the result of negligence or breach of contract; [2]-Proof of causation was necessary because the final sentence of § 936 did not encompass statutory claims against suppliers but made the negligence standard inapplicable only to common law strict liability claims against specified entities; [3]-The record lacked sufficient evidence of negligent acts or omissions by the supplier; [4]-A purported warranty that was not admitted into evidence could not constitute substantial evidence even if lodged within the meaning of Cal. Rules of Court, rules 8.124(b)(4), 8.155(a)(1)(A).
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Outcome
Reversed and remanded.