Does a right to repair addendum in a purchase agreement entitle a builder to notice of a defect prior to a home insurer’s repair efforts?

Facts: A property owner purchased a new home from the builder. The purchase agreement included a right to repair addendum requiring the builder to repair or pay for any defect on the property on notice of the defect from the owner. The owner later discovered water damage from a leak in the home and submitted a claim to their home insurer to repair it. After the insurer completed the repairs, the insurer sent notice to the builder of the defect and of the insurer’s intent to recover costs from the builder.

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