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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

    General Contractors Can Be Sued by a Subcontractor’s Injured Employee

    NLRB Broadens the Joint Employer Standard

    Carroll Brock of Larchmont Homes Dies at Age 88

    Excess Must Defend After Primary Improperly Refuses to Do So

    Pennsylvania: Searching Questions Ahead of Oral Argument in Domtar

    Home Prices on the Rise

    Coverage Established for Property Damage Caused by Added Product

    Connecting Construction Project Information: Open Technology Databases Improve Project Communication, Collaboration and Visibility

    New Jersey Rules that Forensic Lab Analysts Can’t be Forced to Testify

    Supreme Court of Wisconsin Applies Pro Rata Allocation Based on Policy Limits to Co-Insurance Dispute

    Housing Starts in U.S. Climb to an Almost Eight-Year High

    Addressing the Defective Stucco Crisis

    Construction Defects #10 On DBJ’s Top News Stories of 2015

    More Money Down Adds to U.S. First-Time Buyer Blues: Economy

    World Cup May Pull Out of Brazil because of Construction Delays

    Building Supplier Sued for Late and Defective Building Materials

    Fourth Circuit Holds that a Municipal Stormwater Management Assessment is a Fee and Not a Prohibited Railroad Tax

    Don’t Assume Your Insurance Covers A Newly Acquired Company

    U.S. Stocks Fluctuate Near Record After Housing Data

    Water Intrusion Judged Not Related to Construction

    Colorado Senate Bill 15-177: This Year’s Attempt at Reasonable Construction Defect Reform

    SunCal Buys Oak Knoll Development for the Second Time

    Las Vegas, Back From the Bust, Revives Dead Projects

    Builders Can’t Rely on SB800

    The NAR asks FAA to Amend their Drone Rules for Real Estate Use

    Court Upholds Plan to Eliminate Vehicles from Balboa Park Complex

    How To Fix Oroville Dam

    LEED Certified Courthouse Square Negotiating With Insurers, Mulling Over Demolition

    The Colorado Supreme Court holds that loans made to a construction company are not subject to the Mechanic’s Lien Trust Fund Statute

    When is a “Willful” Violation Willful (or Not) Under California’s Contractor Enforcement Statutes?

    How Machine Learning Can Help with Urban Development

    “Professional Best Efforts” part 2– Reservation of Rights for Engineers who agree to “best” efforts? (law note)

    Guardrail Maker Defrauded U.S. of $175 Million and Created Hazard, Jury Says

    Attorneys’ Fees Are Available in Arizona Eviction Actions

    Newmeyer & Dillion Selected to 2017 OCBJ’s Best Places to Work List

    No Duty To Defend Additional Insured When Bodily Injury Not Caused by Insured

    Construction Employment Rises in Half of the States

    Want to Use Drones in Your Construction Project? FAA Has Just Made It Easier.

    Former Sponsor of the Lenox Facing Suit in Supreme Court

    Contractor Sues License Board

    Disjointed Proof of Loss Sufficient

    Insurance Attorney Gary Barrera Joins Wendel Rosen’s Construction Practice Group

    Contractor Gets Green Light to Fix Two Fractured Girders at Salesforce Transit Center

    Homeowners Not Compelled to Arbitration in Construction Defect Lawsuit

    Owners and Contractors Beware: Pennsylvania (Significantly) Strengthens Contractor Payment Act

    Housing Starts in U.S. Surge to Seven-Year High as Weather Warms

    Got Licensing Questions? CSLB Licensing Workshop November 17th and December 15th

    California Mediation Confidentiality May Apply to Third Party “Participants” Retained to Provide Analysis

    $24 Million Verdict Against Material Supplier Overturned Where Plaintiff Failed To Prove Supplier’s Negligence Or Breach Of Contract Caused A SB800 Violation

    Subcontractors Essential to Home Building Industry
    Corporate Profile


    Through over four thousand construction claims related expert witness designations, the Anaheim, California Construction Expert Directory delivers a wide range of trial support and consulting services to lawyers and construction practice groups concerned with construction defect and claims litigation. BHA provides building related trial support and expert consulting services to the industry's leading construction attorneys, Fortune 500 builders, insurers, owners, as well as a variety of public entities. In connection with in house assets which include registered architects, professional engineers, licensed general and specialty contractors, the firm brings regional experience and local capabilities to Anaheim and the surrounding areas.

    Anaheim California ada design expert witnessAnaheim California multi family design expert witnessAnaheim California construction expert witness consultantAnaheim California roofing construction expertAnaheim California roofing and waterproofing expert witnessAnaheim California civil engineering expert witnessAnaheim California reconstruction expert witness
    Construction Expert Witness News & Info
    Anaheim, California

    Coverage Denied Where Occurrence Takes Place Outside Coverage Territory

    December 11, 2018 —
    The court held there was no coverage for construction defect claims that occurred outside the coverage territory. Foremost Signature Ins. Co. v. Silverboys, 2018 U.S. Dist. LEXIS 154524 (S.D. Fla. Sept. 11, 2018). Solo Design, LLC, a Miami-based design company, entered into a contract with Silverboys, LLC (Owner) to provide interior design services in conjunction with the renovation of the Owner's vacation home in the Bahamas. Solo retained Whittingham, a Bahamian architect, as a subcontractor to serve as project manager. Owner sued Solo, Whittingham and others in Florida for breach of contract, fraud, conversion and negligence when the project did not go as planned. The underlying complaint alleged intentional misconduct, lying about qualifications and the progress of the project, submitting false invoices, requesting money for services that were not performed, etc. Owner alleged that the damages included: (a) the cost to repair substandard work; (b) loss of use of the home due to delay; and (c) overcharges for furnishings, contract fees, and expenses. The underlying complaint set forth only a few instances of physical injury to the home, including mold on the ceiling in the master shower, faulty millwork on the children's playroom bookshelf, and a defective front door and resysta facade. Read the court decision
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    Reprinted courtesy of Tred R. Eyerly, Damon Key Leong Kupchak Hastert
    Mr. Eyerly may be contacted at

    Green Construction Trends Contractors Can Expect in 2019

    May 01, 2019 —
    The construction industry has come a long way since it was started building homes out of logs and sticks. Modern homes and buildings are marvels of engineering filled with wood, concrete and steel—much of which could be recycled if the building were ever torn down. Green construction is a growing field that will continue to expand in the coming year. What green construction trends can we expect to see in the coming year? Augmented and Virtual Reality Augmented reality (AR) is growing more popular every year for games and entertainment, but it also has some applications in green construction. AR and virtual reality (VR) programs, either through a headset or on a smartphone, can be used to improve collaboration between companies, allowing each company to see a virtual overlay of their stage of the project. For green and eco-friendly construction, it can be used to show how a finished product will look on undeveloped land, making it easier to judge the ecological impact of the project. The use of AR and VR in green construction is still in its infancy, though we will likely start to see more of it in 2019. Reprinted courtesy of Emily Folk, Construction Executive, a publication of Associated Builders and Contractors. All rights reserved. Read the court decision
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    Reprinted courtesy of

    Supplement to New California Construction Laws for 2019

    January 08, 2019 —
    A representative of the Contractors State License Board would like to emphasize a benefit of SB 1042 not mentioned in the report below that Smith Currie published recently. Importantly, the new law allows the CSLB to work with licensees, resolve complaints informally, and avoid a full Administrative Procedure Act hearing brought by the California Attorney General’s office. If the CSLB and licensee are unable to resolve a citation informally, the licensee is still entitled to the APA hearing. Contractors receiving CSLB citations are wise to avail themselves of this process. Read the court decision
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    Reprinted courtesy of Daniel F. McLennon, Smith Currie
    Mr. McLennon may be contacted at

    Revised Federal Rule Regarding Class-Wide Settlements

    May 13, 2019 —
    The United States Supreme Court recently approved and adopted amendments to Federal Rule of Civil Procedure 23 concerning class action practice as proposed by the Advisory Committee on Civil Rules. The amended rule went into effect on December 1, 2018. The amendments do not affect the core of the rule – the criteria for obtaining class certification. Instead, the changes are more subtle adjustments that update and modernize procedures and processes for notification to class members and obtaining approval of class settlements. Nonetheless, although the amendments are not breathtaking, there are important changes. The first set of amendments apply to Rule 23(e), governing the process of settlement of a class action. First, the amendment makes explicit that the subsection applies not just to already certified classes, but also “a class proposed to be certified for purposes of settlement.” The changes also add some discretion of the court concerning when notice of a proposed settlement and settlement class should be provided. As part of the settlement approval process, the parties now are expressly required to give the court “information sufficient to enable it to determine whether to give notice of the proposal to the class.” The giving of notice is justified only if that information is sufficient to allow the court to determine it is likely to approve the proposed settlement and certify the class. Once notice is approved, the new rule recognizes modern developments by allowing that notice may be by “United States mail, electronic means, or other appropriate means.” The rule thus recognizes that in many cases traditional mail notice may still be best; in others e-mail notification might be the best way to reach class members. Reprinted courtesy of Edward M. Koch, White and Williams LLP and Michael Jervis, White and Williams LLP Mr. Koch may be contacted at Mr. Jervis may be contacted at Read the court decision
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    Reprinted courtesy of

    Contractor Gets Green Light to Fix Two Fractured Girders at Salesforce Transit Center

    January 28, 2019 —
    The Transbay Joint Powers Authority announced Jan. 10 that procurement has begun for the repair of the two fractured bottom flanges of the twin parallel girders that span 80 ft across Fremont Street in the 4.5-block-long Salesforce Transit Center in San Francisco. TJPA shuttered the transit center on Sept. 25, less than six weeks after it had opened, after a ceiling installer noticed a crack in one of the bridgelike spans. Read the court decision
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    Reprinted courtesy of Nadine M. Post, ENR
    Ms. Post may be contacted at

    OSHA Finalizes Rule on Crane Operator Qualification and Certification

    April 10, 2019 —
    The Occupational Safety and Health Administration has finalized its long-awaited approach to crane operator qualification and certification. The rule, which has followed a tortuous road to completion, ends the agency’s multi-year effort to conclude its update of safety requirements related to crane and derrick use in construction. The rule establishes a three-pronged approach to ensuring that crane operators can safely operate cranes:
    1. operator training for employees not yet certified to operate cranes;
    2. operator certification via four different permissible options; and
    3. employer evaluation of certified operators.
    Construction employers with employees who operate cranes should assess their training, certification and evaluation programs now to ensure they are fully compliant with the new rule. Reprinted courtesy of Bradford T. Hammock, Construction Executive, a publication of Associated Builders and Contractors. All rights reserved. Read the court decision
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    Court of Appeals Rules that HOA Lien is not Spurious, Despite Claim that Annexation was Invalid

    March 27, 2019 —
    Today, the Colorado Court of appeals reversed a order that had deemed a homeowner association’s lien to be spurious. The case arose after a developer approved a property owner’s application to annex additional real estate to a community in 1999. Several years later, the developer repurchased the property through a foreclosure sale. Despite its prior approval of the annexation, the developer refused to pay community maintenance assessments, which prompted the association to record a lien under its covenants and a statutory provision of the Colorado Common Interest Ownership Act (CCIOA). The parties remained in a standoff until 2016, when the Colorado Supreme Court announced two decisions that adopted a stricter standard for annexing property into communities subject to CCIOA. Relying on this new authority, the developer at Stroh Ranch argued that the 1999 annexation was no longer valid. The district court agreed and declared the association’s lien to be spurious. Reprinted courtesy of Jesse Howard Witt, Acerbic Witt Mr. Witt may be contacted at Read the full story... Read the court decision
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    GE to Repay $87 Million for Scaled-Back Headquarters Plan

    February 27, 2019 —
    General Electric Co. will reimburse the state of Massachusetts for funds used to develop the manufacturer’s future headquarters, a project that is now being scaled back under Chief Executive Officer Larry Culp. GE and the state will jointly sell the property in Boston’s Fort Point neighborhood where the company will make its future home, according to an agreement revealed Thursday. GE still plans to move into the campus later this year -- as a tenant rather than owner -- but it’s scrapping plans to build an adjacent 12-story tower. Read the court decision
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    Reprinted courtesy of Rick Clough, Bloomberg