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    Anaheim, California

    California Builders Right To Repair Current Law Summary:

    Current Law Summary: SB800 (codified as Civil Code §§895, et seq) is the most far-reaching, complex law regulating construction defect litigation, right to repair, warranty obligations and maintenance requirements transference in the country. In essence, to afford protection against frivolous lawsuits, builders shall do all the following:A homeowner is obligated to follow all reasonable maintenance obligations and schedules communicated in writing to the homeowner by the builder and product manufacturers, as well as commonly accepted maintenance practices. A failure by a homeowner to follow these obligations, schedules, and practices may subject the homeowner to the affirmative defenses.A builder, under the principles of comparative fault pertaining to affirmative defenses, may be excused, in whole or in part, from any obligation, damage, loss, or liability if the builder can demonstrate any of the following affirmative defenses in response to a claimed violation:

    Construction Expert Witness Contractors Licensing
    Guidelines Anaheim California

    Commercial and Residential Contractors License Required.

    Construction Expert Witness Contractors Building Industry
    Association Directory
    Building Industry Association Southern California - Desert Chapter
    Local # 0532
    77570 Springfield Ln Ste E
    Palm Desert, CA 92211

    Building Industry Association Southern California - Riverside County Chapter
    Local # 0532
    3891 11th St Ste 312
    Riverside, CA 92501

    Building Industry Association Southern California
    Local # 0532
    17744 Sky Park Circle Suite 170
    Irvine, CA 92614

    Building Industry Association Southern California - Orange County Chapter
    Local # 0532
    17744 Skypark Cir Ste 170
    Irvine, CA 92614

    Building Industry Association Southern California - Baldy View Chapter
    Local # 0532
    8711 Monroe Ct Ste B
    Rancho Cucamonga, CA 91730

    Building Industry Association Southern California - LA/Ventura Chapter
    Local # 0532
    28460 Ave Stanford Ste 240
    Santa Clarita, CA 91355

    Building Industry Association Southern California - Building Industry Association of S Ca Antelope Valley
    Local # 0532
    44404 16th St W Suite 107
    Lancaster, CA 93535

    Construction Expert Witness News and Information
    For Anaheim California

    Hurricane Harvey Victims Face New Hurdles In Pursuing Coverage

    Architect Not Responsible for Injuries to Guests

    BHA Sponsors the 9th Annual Construction Law Institute

    Florida Governor Signs Construction Defect Amendments into Law

    Advice to Georgia Homeowners with Construction Defects

    Virginia Chinese Drywall and pollution exclusion

    Appraisers May Determine Causation

    Motion to Dismiss Insurer's Counterclaim for Construction Defects Is Granted

    10 Safety Tips for General Contractors

    Construction Defect Headaches Can Be Avoided

    $6 Million in Punitive Damages for Chinese Drywall

    U.S. Government Bans Use of Mandatory Arbitration Agreements between Nursing Homes and Residents, Effective November 28, 2016

    Zinc in London Climbs for Second Day Before U.S. Housing Data

    Apartment Construction Ominously Nears 25-Year High

    Your Work Exclusion Applies to Damage to Tradesman's Property, Not Damage to Other Property

    Tennessee Court of Appeals Holds Defendant Has the Burden of Offering Alternative Measure of Damages to Prove that Plaintiff’s Measure of Damages is Unreasonable

    A Subcontractor’s Perspective On California’s Recent Changes to Indemnity Provisions

    Construction Employment Rose in 38 States from 2013 to 2014

    Millennials Want Houses, Just Like Everybody Else

    Turner Construction Selected for Anaheim Convention Center Expansion Project

    New Joint Venture to Develop a New Community in Orange County, California

    Denver’s Mayor Addresses Housing and Modifying Construction Defect Law

    Sureties do not Issue Bonds Risk-Free to the Bond-Principal

    Construction Defect Lawsuit May Affect Home Financing

    Not So Unambiguous: California Court of Appeal Finds Coverage for Additional Insured

    Port Authority Approves Subsidies for 2 World Trade Project

    Georgia Court Reaffirms Construction Defect Decision

    The Creation of San Fransokyo

    Beverly Hills Voters Reject Plan for Enclave's Tallest Building

    Where Standing, Mechanic’s Liens, and Bankruptcy Collide

    Insolvency of Primary Carrier Does Not Invoke Excess Coverage

    Brooklyn Atlantic Yards Yields Dueling Suits on Tower

    Barratt Said to Suspend Staff as Contract Probe Continues

    Building with Recycled Plastics – Interview with Jeff Mintz of Envirolastech

    Delaware State Court Holds that Defective Workmanship Claims do not Trigger Coverage by a Builder’s Commercial General Liability Policy

    Manhattan Bargain: Condos for Less Than $3 Million

    Construction Defect Litigation in Nevada Called "Out of Control"

    Massive Fire Destroys Building, Firefighters Rescue Construction Worker

    BHA’s Next MCLE Seminar in San Diego on July 25th

    NYC Shuts 9 Pre-Kindergartens for Health, Safety Issues

    Bad News for Buyers: U.S. Mortgage Rates Hit Highest Since 2014

    Quick Note: Insurer’s Denial of Coverage Waives Right to Enforce Post-Loss Policy Conditions

    Workers Compensation Immunity and the Intentional Tort Exception

    The Oregon Tort Claims Act (“OTCA”) Applies When a Duty Arises from Statute or Common Law and is Independent from The Terms of a Specific Contract. (OR)

    New Orleans Is Auctioning Off Vacant Lots Online

    Patent or Latent: An Important Question in Construction Defects

    Texas Supreme Court Defines ‘Plaintiff’ in 3rd-Party Claims Against Design Professionals

    Back Posting with Thoughts on Lien Waivers

    Connecticut Supreme Court Finds Faulty Work By Subcontractor Constitutes "Occurrence"

    Appellate Attorney’s Fees and the Significant Issues Test
    Corporate Profile


    Through more than four thousand construction, architectural, and engineering related expert designations, the Anaheim, California Construction Expert Directory provides a wide range of trial support and construction consulting services to attorneys and construction practice groups concerned with construction defect and claims matters. BHA provides construction related consulting and expert witness support services to the nation's leading construction practice groups, Fortune 500 builders, real estate investment trusts, risk managers, owners, as well as a variety of municipalities and government offices. Utilizing captive assets which comprise building envelope and design experts, forensic engineers, forensic architects, and construction cost and scheduling consultants, the firm brings regional experience and flexible capabilities to the Anaheim construction industry.

    Anaheim California civil engineering expert witnessAnaheim California construction defect expert witnessAnaheim California eifs expert witnessAnaheim California slope failure expert witnessAnaheim California construction scheduling expert witnessAnaheim California engineering consultantAnaheim California structural concrete expert
    Construction Expert Witness News & Info
    Anaheim, California

    Perrin Construction Defect Claims & Trial Conference

    June 11, 2018 —
    Richard Glucksman, Esquire, Partner of the Los Angeles firm Chapman Glucksman Dean Roeb & Barger, will be moderating the panel, “Green Building/LEED: An Overview and Claims Discussion” at the Perrin Construction Defect Claims & Trial Conference in Las Vegas, Nevada. The panel will be discussing the following topics:
    • Risk and claims case studies including solar and SIPs (Structural Insulated Panels)
    • Green Building/LEED and The Law: Review of National Claims/Lawsuits
    • AIA Documents for Sustainable Projects
    Thursday, June 21st, 2018 Four Seasons Hotel 3960 S Las Vegas Blvd Las Vegas, NV 89119 Read the court decision
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    Reprinted courtesy of

    Strategy for Enforcement of Dispute Resolution Rights

    May 30, 2018 —
    Arbitration and litigation each offer their own benefits and drawbacks to litigants looking to resolve a construction dispute. A careful analysis of these benefits and drawbacks may be helpful in determining whether to avoid or pursue either dispute resolution process. Arbitration is oftentimes regarded as the more economically feasible dispute resolution option and is therefore attractive to many construction dispute litigants. Although arbitration may prove to be less expensive than litigation in the long run, some litigants may prefer to file a case in court because the upfront filing fees in litigation are less expensive than the filing fees of arbitration. Litigants may also prefer the decision makers of one process for dispute resolution over another. Arbitrators in a construction dispute oftentimes have a background in the construction industry, whereas a judge or jury may not. Strategy may dictate whether the preferable decision maker should have experience within the construction industry or be free of any construction industry knowledge and possible biases. The finality of decisions may also be a reason to strategically choose one dispute resolution process over another. Arbitration decisions are overturned only under very narrow and specific circumstances. The losing party in litigation however, has a right to appeal decisions to a higher court and has more options for recourse when the findings of the court are not supported by the evidence or the law. Read the court decision
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    Reprinted courtesy of Whitney Judson, Smith Currie
    Ms. Judson may be contacted at

    How to Challenge a Project Labor Agreement

    May 24, 2018 —
    Building and Construction Trades Council of Metropolitan District v. Associated Builders and Contractors of Massachusetts Rhode Island, Inc Massachusetts Water Resources Authority v. Associated Builders and Contractors of Massachusetts Rhode Island, Inc, 507 U.S. 218, 113 S.Ct. 1190, 122 L.Ed.2d 565 (1993) , affectionately knows as Boston Harbor, is the seminal Supreme Court decision that held that the National Labor Relations Act (“NLRA”) does not preempt government mandated project labor agreements (“PLAs”) if the government entity is acting as a market participant rather than a market regulator. Boston Harbor has led to many believing that virtually all PLAs are legal when the government agency is a project owner or if the PLA involves a private project. However, does Boston Harbor really cut that far? In short, no. The primary issue in Boston Harbor was one of preemption. The Supreme Court addressed whether the NLRA preempted state and local laws and ordinances mandating PLAs. On that narrow issue, the Supreme Court said there is no preemption if the government is acting as a market participant. What the Court did not address is whether other federal statutes invalidate PLAs. Specifically, whether PLA’s can run afoul of Section 8(e), the so called “hot cargo” provisions, of the NLRA. Read the court decision
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    Reprinted courtesy of Wally Zimolong, Zimolong LLC
    Mr. Zimolong may be contacted at

    Contractors Can No Longer Make Roof Repairs Following Their Own Inspections

    July 02, 2018 —
    California law mandates that any person who conducts roof inspections for a fee can no longer effectuate the actual repairs to the same property. Effective January 1, 2018, Business & Professions Code Section 7197 (Unfair Business Practices) deems it to be an unfair business practice for a home inspector who charges a homeowner a monetary fee for inspecting the property, to perform or offer to perform additional repairs due to the inherent financial interest and conflict raised by identifying alleged defects necessitating repairs. The new law is a result of California AB 1357, which was signed into law on October 5, 2017. The goal of the new law is to disincentivize a roof inspector from creating a report for the sole purpose of obtaining a bid to perform those documented repairs. The roof contractor can perform repairs identified in their report only after a twelve month “cooling period” which provides the homeowner an opportunity to obtain multiple bids/estimates for repairs based upon the inspector’s report. The new law also discourages home inspectors from providing a list of contractors who provide monetary referral fees back to the home inspector upon receiving repair work from the homeowner based exclusively on the home inspection report. The California Business & Professions Code Section 7195(a)(1) defines a “home inspection” as a “non-invasive, physical examination, performed for a fee in connection with the transfer…of the real property…or essential components of the residential dwelling.” Home inspection includes “any consultation regarding the property that is represented to be a home inspection or any confusingly similar term.” Business & Professions Code section 7195(a)(2) further defines a “home inspection” as including energy efficiency and solar. A “home inspection report” is a written report prepared for a fee issued after an inspection. Business & Professions Code section 7195(c). It is noted that a home inspector does not have to be a licensed architect, professional engineer, or general contractor with a Class “B” license issued by the California Contractors State License Board, but “it is the duty of a home inspector who is not licensed as a general contractor, structural pest control operator, or architect, or registered as a professional engineer to conduct a home inspection with the degree of care that a reasonably prudent home inspector would exercise. Business & Professions Code section 7196. Reprinted courtesy of Jason Feld, Kahana & Feld LLP and Alex Chazen, Kahana & Feld LLP Mr. Feld may be contacted at Mr. Chazen may be contacted at Read the court decision
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    Beyond the Disneyland Resort: World Class Shopping Experiences

    May 03, 2018 —
    If you don’t want to venture far from the Disneyland Resort, consider heading to the Outlets at Orange. Formerly known as the Block of Orange, this open air shopping center features outlet stores such as Neiman Marcus Last Call, Nordstrom Rack, and Sax Fifth Avenue’s Off Fifth, as well as an AMC movie theater, restaurants, Lucky Strike Bowling Alley, and Dave and Buster’s. For another local option, head to the Brea Mall, where you can find department stores such as Macy’s and Nordstrom’s and a host of other stores like Apple, Guess, and Tommy Bahama. For a more exclusive shopping experience, travel to south Orange County's Fashion Island of Newport Beach. Their department stores include Bloomingdale’s, Macy’s, Neiman Marcus’s, and Nordstroms, and the shopping center also contains many boutique shops and eateries. Read the court decision
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    Don MacGregor of Bert L. Howe & Associates Awarded Silver Star Award at WCC Construction Defect Seminar

    May 24, 2018 —
    The staff of the Construction Defect Journal would like to extend their congratulations to Don MacGregor of Bert L. Howe & Associates, Inc., in recognition of his receipt of the Silver Star Award as “Best Expert” at the 25th Anniversary of the West Coast Casualty Construction Defect Seminar, hosted at the Disneyland Resort Hotel, in Anaheim CA. Recipients of the Silver Star Awards were nominated and voted on by their peers, colleagues, and the Construction Defect Community at large, as represented by the 25,000 members who received emails on the subject. Along with “Best Expert,” recognition was also given to the best judge, mediator, plaintiff attorney, developer attorney, subcontractor attorney, coverage counsel, and insurance claims professional. Awards were handed out last Thursday during a special ceremony at this year’s Seminar. To Don, and all the worthy awardees, congratulations again! Read the court decision
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    RCW 82.32.655 Tax Avoidance Statute/Speculative Building

    August 29, 2018 —
    With land prices increasing, developers are looking for opportunities to save on development costs, including cost saving tax strategies. Thus, we have seen increasing interest in development strategies that offer tax savings. One strategy is speculative building: Owners of property who self-perform construction avoid sales tax and B&O tax on the self-performed scope. See Blog Article Posted April 9, 2013, titled What Is A Speculative Builder? In addition, the Department of Revenue has provided an explanation of speculative building. Read the court decision
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    Reprinted courtesy of Scott R. Sleight, Ahlers Cressman & Sleight PLLC
    Mr. Sleight may be contacted at

    White House Plan Would Break Up Corps Civil-Works Functions

    July 18, 2018 —
    As part of a sweeping federal government reorganization proposal, the White House has recommended shifting the Army Corps of Engineers’ civil-works operation to the Dept. of Transportation and the Dept. of the Interior. Read the court decision
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    Reprinted courtesy of Tom Ichniowski, ENR
    Mr. Ichniowski may be contacted at