California construction defect law requires a prelitigation notice to the builder. The law also includes several default provisions about how the prelitigation dispute resolution process is to be conducted. McCaffrey Group, Inc. v. Superior Court reveals a trend in this area of the law.  It appears that builders will have a wide degree of freedom to draft their own alternative prelitigation procedures and that these procedures will be enforceable unless they are found to be unconscionable. When considering a construction defect lawsuit, it's important to be aware of these alternative provisions in an a community association's governing documents and their potential impact on association rights and responsibilities.