BERT HOWE
  • Nationwide: (800) 482-1822    
    tract home expert witness Anaheim California low-income housing expert witness Anaheim California landscaping construction expert witness Anaheim California mid-rise construction expert witness Anaheim California condominium expert witness Anaheim California institutional building expert witness Anaheim California townhome construction expert witness Anaheim California industrial building expert witness Anaheim California condominiums expert witness Anaheim California concrete tilt-up expert witness Anaheim California Medical building expert witness Anaheim California production housing expert witness Anaheim California structural steel construction expert witness Anaheim California custom homes expert witness Anaheim California retail construction expert witness Anaheim California Subterranean parking expert witness Anaheim California casino resort expert witness Anaheim California parking structure expert witness Anaheim California high-rise construction expert witness Anaheim California housing expert witness Anaheim California hospital construction expert witness Anaheim California custom home expert witness Anaheim California
    Arrange No Cost Consultation
    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

    BHA Expands Construction Experts Group

    Texas exclusions j(5) and j(6).

    Arizona Court of Appeals Decision in $8.475 Million Construction Defect Class Action Suit

    Windows and Lawsuits Fly at W Hotel

    Colorado Senate Bill 12-181: 2012’s Version of a Prompt Pay Bill

    Battle of “Other Insurance” Clauses

    Preparing For the Worst with Smart Books & Records

    Webinar on Insurance Disputes in Construction Defects

    Louisiana Politicians Struggle on Construction Bills, Hospital Redevelopment

    Construction Defects Leave Animal Shelter Unusable

    Florida Property Bill Passes Economic Affairs Committee with Amendments

    Yellow Brass Fittings Play a Crucial Role in Baker v Castle & Cooke Homes

    Construction Defects: 2010 in Review

    Illinois Court Determines Insurer Must Defend Property Damage Caused by Faulty Workmanship

    Granting Stay, Federal Court Reviews Construction Defect Coverage in Hawaii

    Court Rules on a Long List of Motions in Illinois National Insurance Co v Nordic PCL

    Preventing Costly Litigation Through Your Construction Contract

    Senate Committee Approves Military Construction Funds

    There Is No Non-Delegable Duty on the Part of Residential Builders in Colorado

    Texas “Loser Pays” Law May Benefit Construction Insurers

    Damage During Roof Repairs Account for Three Occurrences

    More Charges in Las Vegas HOA Construction Defect Scam

    Wine without Cheese? (Why a construction contract needs an order of precedence clause)(Law Note)

    Statute of Limitations Upheld in Construction Defect Case

    General Contractors Must Plan to Limit Liability for Subcontractor Injury

    Contractual Liability Exclusion Bars Coverage

    Court Strikes Down Reasonable Construction Defect Settlement

    No Third-Quarter Gain for Construction

    Houses Can Still Make Cents: Illinois’ Implied Warranty of Habitability

    HOA Has No Claim to Extend Statute of Limitations in Construction Defect Case

    Damron Agreement Questioned in Colorado Casualty Insurance v Safety Control Company, et al.

    Virginia Chinese Drywall and pollution exclusion

    Homeowner Loses Suit against Architect and Contractor of Resold Home

    Recent Case Brings Clarity and Questions to Statute of Repose Application

    Drug Company Provides Cure for Development Woes

    Nevada Supreme Court Reverses Decision against Grader in Drainage Case

    Good Signs for Housing Market in 2013

    Are Construction Defects Covered by Your General Liability Policy?

    Construction Defect Journal Marks First Anniversary

    Nevada Court Adopts Efficient Proximate Cause Doctrine

    Water Is the Enemy

    Home Repair Firms Sued for Fraud

    Homeowner Has No Grounds to Avoid Mechanics Lien

    Insurer Not Liable for Construction Defect Revealed by Woodpecker

    Park District Sues over Leaky Roof

    Florida Chinese drywall, pollution exclusion, “your work” exclusion, and “sistership” exclusion.

    General Contractor/Developer May Not Rely on the Homeowner Protection Act to Avoid a Waiver of Consequential Damages in an AIA Contract

    Safer Schools Rendered Unsafe Due to Construction Defects

    Can We Compel Insurers To Cover Construction Defect in General Liability Policies?

    There is No Non-Delegable Duty on the Part of Residential Builders in Colorado
    Corporate Profile

    ANAHEIM CALIFORNIA CONSTRUCTION EXPERT WITNESS
    DIRECTORY AND CAPABILITIES

    Drawing from more than 4500 general contracting and design related expert designations, the Anaheim, California Construction Expert Directory provides a single point of reference for construction defect and claims related support to legal professionals and construction practice groups seeking effective resolution of construction defect and claims matters. BHA provides construction claims and trial support services to the industry's most recognized construction attorneys, Fortune 500 builders, CGL carriers, owners, as well as a variety of public entities. Utilizing in house assets which comprise licensed architects, registered professional engineers, ASPE certified professional estimators, ICC Certified inspection and testing professionals, the firm brings specialized expertise and local capabilities to the Anaheim region.

    Anaheim California contractor expert witnessAnaheim California architect expert witnessAnaheim California construction expert witnessesAnaheim California consulting architect expert witnessAnaheim California construction project management expert witnessAnaheim California expert witness commercial buildingsAnaheim California forensic architect
    Construction Expert Witness News & Info
    Anaheim, California

    Insurer Settles on Construction Defect Claim

    July 10, 2012 — CDJ Staff

    Law360 reports that Arch Specialty Insurance Company has settled over claims that it wrongly denied coverage in a construction defect claim. The court dismissed Arch with prejudice. Terms of the settlement were not disclosed and the attorneys made not comment to Law360.

    Read the full story…


    Liability policy covers negligent construction: GA high court

    October 31, 2010 — Original article by Michael Bradford in Business Insurance

    ATLANTA—Negligent construction that results in damage to surrounding property constitutes an occurrence under a commercial general liability policy, the Georgia Supreme Court has ruled.

    In a 6-1 opinion Monday in American Empire Surplus Lines Insurance Co. Inc. vs. Hathaway Development Co. Inc., the Georgia high court upheld a lower court ruling that the general contractor’s claim for damage caused by a subcontractor’s faulty plumbing work was covered.

    The ruling on construction defects is the latest in number of such cases across the United States

    Read Full Story...

    Reprinted courtesy of Michael Bradford of Business Insurance.


    One World Trade Center Due to Be America’s Tallest and World’s Priciest

    February 10, 2012 — CDJ Staff

    As One World Trade Center rises, so does the price tag. After construction delays and cost overruns, the cost of the building at the site of the September 11 attacks has risen to $3.8 billion. Part of the expense of the skyscraper is the heavily reinforced base of the building. The elevator shafts are also heavily reinforced, all part of guarding against future terrorist attacks.

    In comparison, the world’s tallest tower, the Burj Khalifa in Dubai, cost only $1.5 billion, less than half the cost of One World Trade Center. As a result, the Port Authority does not see the building as being profitable in near future. In order to fund it, the agency is raising tolls on bridge and tunnel traffic.

    Currently, about the half the unfinished building is leased. Construction is expected to conclude in 2013.

    Read the full story…


    Quarter Four a Good One for Luxury Homebuilder

    December 20, 2012 — CDJ Staff

    Toll Brothers has announced that their fourth-quarter net income is $2.35 per share, which they attribute in part to an income tax benefit. Their revenue, at $632.8 million, easily exceeded analysts’ projections of $565.1 million. Additionally, their number of signed contracts jumped seventy percent while their cancellation rate dropped nearly half to 4.9 percent.

    Read the full story…


    Former Zurich Executive to Head Willis North America Construction Insurance Group

    March 1, 2012 — CDJ Staff

    Insurance Journal reports that Sean McGroarty will be directing surety operations for their construction practice in North America. Previously, Mr. McGroarty was the senior vice president and head of international surety with Zurich Financial Services. He has also worked for Liberty Mutual Group and the St. Paul Companies.

    Mr. McGroarty will be leading a team of professionals offering brokerage services for contract and commercial surety.

    Read the full story…


    Exclusions Bar Coverage for Damage Caused by Chinese Drywall

    July 5, 2011 — Tred R. Eyerly, Insurance Law Hawaii

    The insured homeowners were unsuccessful in arguing around the policy's exclusions when seeking coverage for damage caused by Chinese drywall. Ross v. C. Adams. Constr. & Design, L.L.C., 2011 La. App. LEXIS 769 (La. Ct. App. June 14, 2011).

    Before the insureds purchased and moved into their home, it was renovated. After moving in, the insures discovered foreign gypsum drywall, or Chinese drywall. The insureds submitted a claim to Louisiana Citizens Property Insurance Company. In an investigation, the insurer confirmed the presence of Chinese drywall and damage to the metal surfaces caused by corrosion. Louisiana Citizens refused coverage and the insureds sued. The trial court denied the insured's motion for summary judgment and granted summary judgment to Louisiana Citizens.

    The court of appeal affirmed. Initially, the court determined the insureds sustained a direct physical loss. The inherent qualities of the Chinese drywall created a physical loss to the home and required that the drywall be removed and replaced.

    Four exclusions, however, barred coverage. First, damages due to faulty or defective materials were excluded from coverage. The Chinese drywall emitted high levels of sulfuric gas which caused the damage to the insured's plumbing, electrical wiring and metal components.

    Read the full story…

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


    Construction on the Rise in Washington Town

    June 16, 2011 — CDJ Staff

    The Kitsap Sun reports that Gig Harbor, a town in the area near Tacoma, Washington, has had a 60% increase in building permit applications as compared to 2010. May, 2011 had as many permits issued for single-family residences in Gig Harbor as were issued for all of 2010. Additionally, a Safeway shopping center on Point Fosdick is described by Dick Bower, Gig Harbor Building and Fire Safety Director, as “a huge project and it’s going to bring in quite a bit of revenue.” He called the increase in building “economic recovery at the grassroots level.”

    Bower said that the building officials in other towns have also seen upswings in construction. He anticipates more activity in the future.

    Read the full story…


    No Resulting Loss From Deck Collapsing Due to Rot

    July 10, 2012 — Tred Eyerly, Insurance Law Hawwaii

    The Washington Supreme Court reversed the Court of Appeals’ decision that the ensuing loss provision provided coverage for a deck that collapsed due to rot and decay. Sprague v. Safeco Ins. Co. of Am., 2012 Wash. LEXIS 375 (Wash. May 17, 2012). Our prior post on the Court of Appeals’ decision is here.

    The Sprague’s home had a deck supported by six "fin walls." The fin walls were encased in a foam and stucco coating. Twenty years after they purchased the home, it was discovered that the fin walls were in an advanced state of decay. Engineers discovered that construction defects caused the supports to rot. The deck was in danger of imminent collapse.

    Safeco denied coverage. The all-risk policy did not exclude collapse, but did exclude coverage for losses causes by mold, wet or dry rot.

    Read the full story…

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