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    Construction Expert Witness Builders Information
    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
    http://www.desertchapter.com

    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
    http://www.biasc.org

    Building Industry Association Southern California - Orange County Chapter
    Local # 0532
    17744 Skypark Cir Ste 170
    Irvine, CA 92614
    http://www.biaoc.com

    Building Industry Association Southern California - Baldy View Chapter
    Local # 0532
    8711 Monroe Ct Ste B
    Rancho Cucamonga, CA 91730
    http://www.biabuild.com

    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

    Defects in Texas High School Stadium Angers Residents

    Builders Beware: A New Class Of Defendants In Asbestos Lawsuits

    Staten Island Villa Was Home to Nabisco 'Nilla' Wafer Inventor

    Third Circuit Follows Pennsylvania Law - Damage Caused by Faulty Workmanship Does Not Arise from an Occurrence

    House of the Week: Spanish Dream Home on California's Riviera

    Following California Law, Federal Court Adopts Horizontal Allocation For Asbestos Coverage

    Minnesota Senate Office Building Called Unconstitutional

    Musk Says ‘Chicago Express’ Tunnel Project Could Start Work in Months

    Inside the Old Psych Hospital Reborn As a Home for Money Managers

    Owners Should Serve Request for Sworn Statement of Account on Lienor

    A “Supplier to a Supplier” on a California Construction Project Sometimes Does Have a Right to a Mechanics Lien, Stop Payment Notice or Payment Bond Claim

    Professional Liability and Attorney-Client Privilege Bulletin: Intra-Law Firm Communications

    Hirer Liable for Injury to Subcontractor’s Employee Due to Failure to Act, Not Just Affirmative Acts, Holds Court of Appeal

    California Home Sellers Have Duty to Disclose Construction Defect Lawsuits

    Coverage Established for Property Damage Caused by Added Product

    Another Case Highlighting the Difference Between CGL Policies and Performance Bonds

    Policy Sublimit Does Not Apply to Business Interruption Loss

    Glendale City Council Approves Tohono O’odham Nation Casino

    Idaho Construction Executive Found Guilty of Fraud and Tax Evasion

    NYC Building Explosion Kills Two After Neighbor Reports Gas Leak

    Construction Spending Drops in March

    Why You May Not Want a Mandatory Mediation Clause in Your Construction Contract

    Ensuing Loss Provision Found Ambiguous

    The Nightmare Scenario for Florida’s Coastal Homeowners

    No Additional Insured Coverage Under Umbrella Policy

    Avoiding Lender Liability for Credit-Related Actions in California

    New York State Trial Court: Non-Cumulation Provision in Excess Policies Mandates “All Sums” Allocation

    Other Colorado Cities Looking to Mirror Lakewood’s Construction Defect Ordinance

    The Leaning Tower of San Francisco

    In Personal Injury Actions, Prejudgment Interest on Costs Not Recoverable

    Virginia General Assembly Helps Construction Contractors

    District of Oregon Predicts Oregon’s Place in “Plain Meaning” Pollution Camp

    Housing Markets Continue to Improve

    Almost Nothing Is Impossible

    When is a Contract not a Contract?

    More on Fraud, Opinions and Contracts

    Unwrapped Pipes Lead to Flooding and Construction Defect Lawsuit

    Dear Engineer: Has your insurer issued a “Reservation of Rights” letter? (law note)

    Bert L. Howe & Associates Brings Professional Development Series to Their San Antonio Office

    Economy in U.S. Picked Up on Consumer Spending, Construction

    Boston-area Asbestos-Abatement Firms Face Wage and Safety Complaints

    FAA Plans Final Regulation on Commercial Drone Use by Mid-2016

    Drop in Civil Trials May Cause Problems for Construction Defect Cases

    Carolinas Storm Damage Tally Impeded by Lingering Floods

    Unpaid Subcontractor Walks Off the Job and Wins

    Green Home Predictions That Are Best Poised to Come True in 2014 and Beyond (guest post)

    Arkansas: Avoiding the "Made Whole" Doctrine Through Dépeçage

    9 Positive Housing Statistics by Builder

    #5 CDJ Topic: David Belasco v. Gary Loren Wells et al. (2015) B254525

    Homebuilders Go Green in Response to Homebuyer Demand
    Corporate Profile

    ANAHEIM CALIFORNIA CONSTRUCTION EXPERT WITNESS
    DIRECTORY AND CAPABILITIES

    Leveraging from more than 4500 construction defect and claims related expert designations, the Anaheim, California Construction Expert Directory delivers a streamlined multi-disciplinary expert retention and support solution to attorneys and construction practice groups concerned with construction defect and claims matters. BHA provides building related consulting and expert witness support services to the nation's most recognized construction practice groups, Fortune 500 builders, CGL carriers, owners, as well as a variety of public entities. Utilizing captive resources which comprise design experts, civil / structural engineers, ICC Certified Inspectors, ASPE certified professional estimators, the firm brings regional experience and flexible capabilities to the Anaheim construction industry.

    Anaheim California construction forensic expert witnessAnaheim California consulting engineersAnaheim California roofing construction expertAnaheim California construction expert witness public projectsAnaheim California construction project management expert witnessAnaheim California civil engineer expert witnessAnaheim California structural concrete expert
    Construction Expert Witness News & Info
    Anaheim, California

    Senate Overwhelmingly Passes Water Infrastructure Bill

    November 06, 2018 —
    Congress has approved major water infrastructure legislation that authorizes $3.7 billion for new Army Corps of Engineers civil-works projects and $4.4 billion for the Environmental Protection Agency drinking-water program. Read the court decision
    Read the full story...
    Reprinted courtesy of Tom Ichniowski, ENR
    Mr. Ichniowski may be contacted at ichniowskit@enr.com

    Court Addresses Damages Under Homeowners Insurance Policy

    January 21, 2019 —
    During a storm, a tree landed on a homeowners house causing damage to the home’s foundation. Homeowners filed a claim on their homeowners insurance policy to recover the resulting damages. After homeowners and insurance company could not come to an agreement on value of the loss, homeowners filed a lawsuit. Homeowners presented the testimony of a contractor as an expert witness regarding the damage and the resulting loss of value. Contractor testified that the home value was reduced in half as a direct result of the damage to the home’s foundation. Insurance company sought to exclude the contractor’s testimony, arguing he was not qualified as an expert and did not apply appropriate methodology to reach his opinions. Read the court decision
    Read the full story...
    Reprinted courtesy of David R. Cook, Jr., Autry, Hall, & Cook, LLP
    Mr. Cook may be contacted at cook@ahclaw.com

    FEMA Administrator Slams Failures to Prepare, Evacuate Before Storms

    October 23, 2018 —
    Federal Emergency Management Agency Administrator Brock Long angrily criticized the failure of citizens to heed evacuation warnings and leaders to better prepare for natural disasters such as Hurricane Michael. "It's frustrating to us because we repeat this same cycle over and over again," Long said during a press briefing Friday at FEMA headquarters in Washington. "If you want to live in these areas, you've got to do it in a more resilient fashion." Read the court decision
    Read the full story...
    Reprinted courtesy of Christopher Flavelle, Bloomberg

    Third Circuit Holds No Coverage for Faulty Workmanship Despite Insured’s Expectations

    November 21, 2018 —
    In its recent decision in Frederick Mut. Ins. Co. v. Hall, 2018 U.S. App. LEXIS 31666 (3d Cir. Nov. 8, 2018), the United States Court of Appeals for the Third Circuit had occasion to consider Pennsylvania’s doctrine of reasonable expectations in the context of a faulty workmanship claim. Hallstone procured a general liability policy from Frederick Mutual to insure its masonry operations. Notably, when purchasing the policy through an insurance broker, Hallstone’s principal stated that he wanted the “maximum” “soup to nuts” coverage for his company. Hallstone was later sued by a customer for alleged defects in its masonry work. While Frederick agreed to provide a defense, it also commenced a lawsuit seeking a judicial declaration that its policy excluded coverage for faulty workmanship. The district court agreed that the business risk exclusions applied, but nevertheless found in favor of Hallstone based on the argument that Hallstone had a reasonable expectation that when applying for an insurance policy affording “soup to nuts” coverage, it this would include coverage for faulty workmanship claims. Read the court decision
    Read the full story...
    Reprinted courtesy of Brian Margolies, Traub Lieberman Straus & Shrewsberry LLP
    Mr. Margolies may be contacted at bmargolies@tlsslaw.com

    Court Finds That Limitation on Conditional Use Permit Results in Covered Property Damage Due to Loss of Use

    November 06, 2018 —
    In Thee Sombrero, Inc. v. Scottsdale Ins. Co. (No. E067505, filed 10/25/18), a California appeals court held that a property owner’s loss of the ability to use his property as a nightclub, based on revocation of a city’s conditional use permit (“CUP”), constituted covered property damage. In Sombrero, lessees operated a nightclub under the property owner’s conditional use permit from the City of Colton. A company hired to provide security negligently allowed admission to an armed patron, who shot and killed another patron. The City revoked the owner’s permit, and the owner was only able to negotiate the reinstatement of a limited permit, for use as a banquet hall only. Reprinted courtesy of Christopher Kendrick, Haight Brown & Bonesteel LLP and Valerie A. Moore, Haight Brown & Bonesteel LLP Mr. Kendrick may be contacted at ckendrick@hbblaw.com Ms. Moore may be contacted at vmoore@hbblaw.com Read the court decision
    Read the full story...
    Reprinted courtesy of

    9th Circuit Closes the Door on “Open Shop” Contractor

    September 04, 2018 —
    At the height of the Great Depression nearly one-quarter of Americans were unemployed. In response, Congress enacted a series of laws including the Smoot-Hawley Tariffs Act, which raised tariffs on foreign goods in an effort to spur domestic investment and to increase the number of jobs. Sound familiar? Background The Davis-Bacon Act Among the new laws enacted by Congress was the Davis-Bacon Act which required contractors on federal works projects to pay their workers the wages prevailing in the area where a project was located, also known as “prevailing wages,” in an effort to stem the practice of employers bringing in lower-wage workers from outside the area. The same year that the Davis-Bacon Act was enacted, California enacted its own prevailing wage law modeled after the Davis-Bacon Act and applicable to state and local public works projects. Read the court decision
    Read the full story...
    Reprinted courtesy of Garret Murai, Wendel, Rosen, Black & Dean LLP
    Mr. Murai may be contacted at gmurai@wendel.com

    Court Upholds Denial of Collapse Coverage Where Building Still Stands

    October 02, 2018 —
    The Michigan Court of Appeals affirmed the trial court's decision finding the policy's collapse coverage did not apply. Cmty. Garage v. Auto-Owners Ins. Co., 2018 Mich. App. LEXIS 2680 (Mich. Ct. App. June 19, 2018). The insured operated a truck repair business. In June 2016, the insured's place of business sustained damage due to failure of several trusses providing structural support to the building's roof. The failure was due to latent construction defects leading to an insufficient load bearing capacity. The roof began to sag while one of the walls bulged outward due to the sudden pressure overload. The insured hired a construction firm to install temporary shoring to support the roof and prevent further damage. All of the building's walls remained standing and, although the roof sagged, it also remained intact. However, the building could not be safely occupied until repairs were completed. Read the court decision
    Read the full story...
    Reprinted courtesy of Tred R. Eyerly, Damon Key Leong Kupchak Hastert
    Mr. Eyerly may be contacted at te@hawaiilawyer.com

    Uniwest Rides Again (or, Are Architects Subject to Va. Code Section 11-4.1?)

    October 16, 2018 —
    In 2010, the Virginia Supreme Court held in Uniwest Const., Inc. v. Amtech Elevator Servs., Inc., that Va. Code Sec. 11-4.1 renders completely void and unenforceable any indemnification provision in a construction contract between a contractor and subcontractor that seeks to indemnify the indemnified party from its own negligent acts. In short, the Virginia Supreme Court stated that such overly broad provisions violate Section 11-4.1. A recent case out of the Eastern District of Virginia Federal District Court examined a provision in a contract between a designer/architect and a contractor or owner on a project. In Travelers Indem. Co. of Conn. v. Lessard Design Inc. the Court examined the application of Section 11-4.1 to the following provision of a design contract where Lessard, the indemnitor, agreed to:
    [i]ndemnify, defend and hold the Owner, Owner’s Developer, and Owner’s and Owner’s Developer’s wholly owned affiliates and the agents, employees and officers of any of them harmless from and against any and all losses, liabilities, expenses, claims, fines and penalties, costs and expenses, including, but not limited to reasonable attorneys’ fees and court costs relating to the services performed by the Architect hereunder . . .
    Read the court decision
    Read the full story...
    Reprinted courtesy of Christopher G. Hill, The Law Office of Christopher G. Hill
    Mr. Hill may be contacted at chrisghill@constructionlawva.com