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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

    Scary Movie: Theatre Developer Axed By Court of Appeal In Prevailing Wage Determination Challenge

    Claim for Vandalism Loss Survives Motion to Dismiss

    Alabama Court Determines No Coverage For Insured's Faulty Workmanship

    Happy New Year from CDJ

    Power Point Presentation on Nautilus v. Lexington Case

    UPDATE: Texas Federal Court Permanently Enjoins U.S. Department of Labor “Persuader Rule” Requiring Law Firms and Other Consultants to Disclose Work Performed for Employers on Union Organization Efforts

    Tidal Lagoon Plans Marine Project to Power Every Home in Wales

    Duty To Defend Construction Defect Case Affirmed, Duty to Indemnify Reversed In Part

    New Megablimp to Deliver to Remote Alaskan Construction Sites

    Municipalities Owe a Duty to Pedestrians Regardless of Whether a Sidewalk Presents an “Open and Obvious” Hazardous Condition. (WA)

    It Ain’t Over Till it’s Over. Why Project Completion in California Isn’t as Straightforward as You Think

    New York vs. Miami: The $50 Million Penthouse Battle From Zaha Hadid

    A Lien Might Just Save Your Small Construction Business

    In Texas, a General Contractor May be Liable in Tort to a Third-Party Lessee for Property Damage Caused by a Subcontractor’s Work

    Testimony from Insureds' Expert Limited By Motion In Limine

    Harrisburg Sought Support Before Ruinous Incinerator Retrofit

    Court Confirms No Duty to Reimburse for Prophylactic Repairs Prior to Actual Collapse

    Construction Defect Litigation at San Diego’s Alicante Condominiums?

    Lakewood Introduced City Ordinance to Battle Colorado’s CD Law

    Six-Month Prison Term for Role in HOA Scam

    No Coverage For Damage Caused by Chinese Drywall

    Bound by Group Builders, Federal District Court Finds No Occurrence

    Home Prices in 20 U.S. Cities Rose at a Faster Pace in October

    Construction Defects in Home a Breach of Contract

    Seeking the Urban Lifestyle in the Suburbs

    Denver Council Committee Approves Construction Defects Ordinance

    Court Requires Adherence to “Good Faith and Fair Dealing” in Construction Defect Coverage

    Lakewood First City in Colorado to Pass Ordinance Limiting State Construction Defect Law

    Although Property Damage Arises From An Occurrence, Coverage Barred By Business Risk Exclusions

    5 Impressive Construction Projects in North Carolina

    New York Supreme Court Building Opening Delayed Again

    No One to Go After for Construction Defects at Animal Shelter

    Sales of New U.S. Homes Surged in August to Six-Year High

    Seattle’s Tallest Tower Said Readying to Go On the Market

    Three's a Trend: Second, Fourth and Ninth Circuits Uphold Broad "Related Claims" Language

    Insurer Obligated to Cover Preventative Remediation of Construction Defects

    The California Legislature Passes SB 496 Limiting Design Professional Defense and Indemnity Obligations

    Home Prices in 20 U.S. Cities Rise Most Since February 2006

    Insurer’s Attempt to Shift Cost of Defense to Another Insurer Found Void as to Public Policy

    BE PROACTIVE: Steps to Preserve and Enhance Your Insurance Rights In Light of the Recent Natural Disasters

    Denial of Coverage For Bodily Injury After Policy Period Does Not Violate Public Policy

    LAX Construction Defect Suit May Run into Statute of Limitations

    Pipeline Safety Violations Cause of Explosion that Killed 8

    An Upward Trend in Commercial Construction?

    Useful Life: A Valuable Theory for Reducing Damages

    The Colorado Court of Appeals Rules that a Statutory Notice of Claim Triggers an Insurer’s Duty to Defend.

    Subcontractors Aren’t Helpless

    Little Known Florida Venue Statue Benefitting Resident Contractors

    Michigan Claims Engineers’ Errors Prolonged Corrosion

    Eighth Circuit Remands to Determine Applicability of Collapse Exclusion
    Corporate Profile

    ANAHEIM CALIFORNIA CONSTRUCTION EXPERT WITNESS
    DIRECTORY AND CAPABILITIES

    With over 4500 building and claims related expert witness designations, the Anaheim, California Construction Expert Directory provides a wide spectrum of trial support and 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 construction industry's most recognized companies, legal professionals, Fortune 500 builders, CGL carriers, owners, as well as a variety of state and local government agencies. In connection with in house assets comprising construction cost, scheduling, and delay experts, professional engineers, ASPE certified professional estimators, and construction safety professionals, the firm brings specialized expertise and local capabilities to the Anaheim region.

    Anaheim California contractor expert witnessAnaheim California construction expert witness consultantAnaheim California testifying construction expert witnessAnaheim California structural engineering expert witnessesAnaheim California construction defect expert witnessAnaheim California window expert witnessAnaheim California fenestration expert witness
    Construction Expert Witness News & Info
    Anaheim, California

    New York Condominium Association Files Construction Defect Suit

    December 10, 2015 —
    According to The Real Deal, “The condominium association at 15 Union Square West has filed a $5 million lawsuit against developer Brack Capital Real Estate eight years after the building first launched sales, alleging that the firm did not deliver the quality of units it promised when residents originally signed their contracts.” Alleged problems include roof leaks, lack of terrace landscaping, and patchy electrical work, The Real Deal reported. A spokesperson for Brack stated, “We stand behind our product and are very proud of it.” Read the court decision
    Read the full story...
    Reprinted courtesy of

    Policy Sublimit Does Not Apply to Business Interruption Loss

    December 02, 2015 —
    Refusing to give the sublimit in a flood policy an expansive reading, the court found that the sublimit did not apply to business interruption loss. Federal-Mogul Corp. v. Ins. Co. of Pa., 2015 U.S. Dist. LEXIS 137394 (E.D. Mich. Oct. 8, 2015). The insured's facility in Thailand was damaged by flood. The parties stipulated that the insured suffered a loss of $64,500,000, which included $39,406,467 in property damage and $25,093,533 in time element loss (i.e., economic loss due to an inability to operate normally). The insurer paid $30 million, stating that the High Hazard flood zone provision in the policy limited the amount owed under the policy. The insured argued the High Hazard sublimit applied only to physical loss or damage caused by the flood, and not to time element loss. Therefore, the insured was entitled to judgment on its time element loss claim for $29,093,533. The insurer argued it was entitled to judgment as a matter of law because the High Hazard sublimit applied to all loss caused by flood, including time element loss. Read the court decision
    Read the full story...
    Reprinted courtesy of Tred R. Eyerly, Insurance Law Hawaii
    Mr. Eyerly may be contacted at te@hawaiilawyer.com

    South Africa Wants Payment From Colluding World Cup Builders

    July 23, 2014 —
    South Africa’s government is putting pressure on construction companies to make further payments as punishment for rigging contracts to build stadiums for the 2010 FIFA Soccer World Cup and other projects. Antitrust authorities fined 15 builders, including Murray & Roberts Holdings Ltd. (MUR) and Aveng Ltd., a total of 1.5 billion rand ($141 million) in June 2013, after a probe that spanned almost four years found they colluded to drive up prices. “The 1.5 billion rand in penalties is not the end of the story with the construction industry,” Economic Development Minister Ebrahim Patel told lawmakers in Cape Town today. “We are now in discussion with the construction industry on a restitution package for their collusion and price fixing.” Mr. Bhuckory may be contacted at kbhuckory@bloomberg.net; Mr. Cohen may be contacted at mcohen21@bloomberg.net Read the court decision
    Read the full story...
    Reprinted courtesy of Kamlesh Bhuckory and Mike Cohen, Bloomberg

    Sellers of South Florida Mansion Failed to Disclose Construction Defects

    October 08, 2014 —
    A couple who reportedly sold their custom, beach-front home on Golden Beach for more money than any other home in that town previously, may have failed to disclose construction defects, according to Daily Business Review. The original owners, reported Daily Business Review, claimed (according to court documents) that “they were ‘unable to spend even one night because an overwhelming smell of mold in the home triggered a severe reaction in Mrs. Hochberg.’" They also alleged the new home had “cracked walls, drafty doors, leaky windows, poorly cut marble and peeling stucco.” The owners sued the subcontractors, but lost due to not filing within the four-year statute of limitations. While water leaks were disclosed during the sale with a notation that all leaks had been repaired, “the extent of the home's repair history was not discussed during nearly eight months of haggling over the property, the buyer's broker said.” Read the court decision
    Read the full story...
    Reprinted courtesy of

    Eighth Circuit Remands to Determine Applicability of Collapse Exclusion

    January 06, 2012 —

    The Eighth Circuit determined a jury instruction regarding the applicability of the "all-risk" policy’s exclusion for "collapse" was inadequate. See KAAPA Ethanol, LLC v. Affiliated FM Ins. Co., 2011 U.S. App. LEXIS 22158 (8th Cir. Nov. 3, 2011).

    KAAPA had nine large, cylindrical, stainless steel tanks fabricated at its location. Soon after operations began in 2003, some of the tanks experienced unusual movement and began to shift. A geotechnical engineer found "silty clay" had been used for infill instead of compacted granular fill called for in engineering drawings. A year long plan to repair all nine tanks was implemented.

    Affiliated’s "all-risk" policy excluded damage caused by faulty workmanship. It also excluded damage caused by settling or cracking. The settling exclusion went on to provide, "This exclusion will not apply to loss or damage resulting from collapse of: a building or structure; or material part of a building or structure." Affiliated denied coverage because of the faulty workmanship and settling exclusions.

    Read the full story…

    Reprinted courtesy of Tred R. Eyerly, Insurance Law Hawaii. Mr. Eyerly can be contacted at te@hawaiilawyer.com

    Read the court decision
    Read the full story...
    Reprinted courtesy of

    Manhattan Developer Breaks Ground on $520 Million Project

    November 18, 2011 —

    Rebuilding an area of Midtown West that has been condemned for decades, the Gotham Organization has broken ground on a 1,200-unit project that will include housing for a variety of household incomes and a school. One unit of the project will be affordable housing for families of annual incomes up to $40,000. Another will be for middle-income households. Additionally, there will be a 31-story tower with 550 luxury units.

    The site CityBiz quotes Mayor Michael Bloomberg, as saying that the project “will grow our economy by creating 2,900 construction-related jobs.” The president of the Gotham Organization, David L. Picket notes that it will “create hundreds of new jobs, generate millions of dollars in revenue for the construction industry, contribute towards the building of a new primary, and provide homes to thousands of New Yorkers.”

    Read the full story…

    Read the court decision
    Read the full story...
    Reprinted courtesy of

    Insurer Rejects Claim on Dolphin Towers

    July 22, 2011 —

    A year after residents were forced to leave Dolphin Towers in Sarasota, Florida because of concrete problems, some residents are defaulting on their obligations, abandoning their units. In June, the building’s insurer, Great American, rejected a claim, arguing that the building’s problems were due to latent defects, not covered under the policy. Repair estimates, previously put at $8.2 million, have now risen to $11.5 million. If homeowners cover this cost, it would require an assessment of about $100,000 for each unit.

    About thirty owners are in arrears on dues and fees. Charlotte Ryan, the president of the Dolphin Tower board, wrote to owners, that “the board will have no choice but to lien your property and pursue foreclosure if you do nothing to bring your delinquencies up to date.” However, as homeowners default, the funding for repairs is imperiled. The board has already spent more than $500,000 on shoring up the building and hiring consultants. Their lawyers, on the other hand, are working on a contingency basis.

    Read the full story…

    Read the court decision
    Read the full story...
    Reprinted courtesy of

    Lessons Learned from Implementing Infrastructure BIM in Helsinki

    February 07, 2018 —
    Finland’s capital is currently experiencing a construction boom. Old industrial citadels are turning into residential areas with new commercial centers. Consequently, Helsinki needs to build new infrastructure. To improve the efficiency and quality of infrastructure construction, the city has started using BIM, and is now learning how to get the most value from it. Ville Alajoki, Team Leader in Helsinki’s Urban Development Division, is a keen proponent of BIM. “Infrastructure construction is still in its early stages when it comes to using BIM. For the most part, BIM implementation has not been systematic in our city yet. We tend to use it in our own structural design and often in building construction. However, in infrastructure project management, its active individuals who have set the pace,” Ville admits. He believes that the city’s strategy for 2017–2021 will spur the use of new technologies, including BIM. “Helsinki aims to be the city in the world that makes the best use of digitalization,” Mayor Jan Vapaavuori has declared. A good start, but there’s room for improvement. Read the court decision
    Read the full story...
    Reprinted courtesy of Aarni Heiskanen, AEC Business Blog
    Mr. Heiskanen may be contacted at info@aepartners.fi