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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:

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    Commercial and Residential Contractors License Required.

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    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

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

    Risk Management and Contracting after Hurricane Irma: Suggestions to Avoid a Second Disaster

    Tallest U.S. Skyscraper Dream Kept Alive by Irish Builder

    Appeals Court Finds Manuscript Additional Insured Endorsements Ambiguous Regarding Completed Operations Coverage for Additional Insured

    School System Settles Design Defect Suit for $5.2Million

    General Contractor Cited for Safety Violations after Worker Fatality

    Construction Defect Risks Shifted to Insurers in 2013

    Georgia Supreme Court Says Construction Defects Can Be an “Occurrence”

    Massachusetts Couple Seek to Recuse Judge in Construction Defect Case

    Florida Appeals Court Rules in Favor of Homeowners Unaware of Construction Defects and Lack of Permits

    Liability Coverage for Claims of Publishing Secret Data Does Not Require Access by Others

    43% of U.S. Homes in High Natural Disaster Risk Areas

    Carwash Prosecutors Seek $1.6 Billion From Brazil Builders

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    The Right to Repair Act Isn’t Out for the Count, Yet. Homebuilders Fight Back

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    Pending Sales of U.S. Existing Homes Increase 0.8% in November

    Treasure Island Sues Beach Trail Designer over Concrete Defects

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    #7 CDJ Topic: Truck Ins. Exchange v. O'Mailia

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    Georgia Amends Anti-Indemnity Statute
    Corporate Profile


    With over 4500 construction related expert witness designations, the Anaheim, California Construction Expert Directory provides a wide spectrum of trial support and consulting services to legal professionals and construction practice groups concerned with the effective resolution of construction defect and claims litigation. BHA provides construction related litigation support and expert witness services to the industry's most recognized construction attorneys, Fortune 500 builders, CGL carriers, owners, as well as a variety of public entities. Employing in house assets which include credentialed construction consultants, NCARB certified architects, forensic engineers, building envelope and design experts, the firm brings national experience and local capabilities to Anaheim and the surrounding areas.

    Anaheim California construction forensic expert witnessAnaheim California construction safety expertAnaheim California reconstruction expert witnessAnaheim California construction expert witnessesAnaheim California roofing and waterproofing expert witnessAnaheim California building code expert witnessAnaheim California slope failure expert witness
    Construction Expert Witness News & Info
    Anaheim, California

    South Carolina Homeowners May Finally Get Class Action for Stucco Defects

    December 04, 2013 —
    Last year, Judge J. Michael Baxley approved a class action lawsuit over stucco problems in Sun City Hilton Head. The lawyers from S.C. State Plastering have already settled with about 140 defendants in that community, and they are trying to prevent the plaintiff’s lawyers from communicating with other residents. In June, a judge dismissed S.C. State Plastering’s request to block this communication, but the company has appealed. The South Carolina Supreme Court has heard the case regarding the notices and has yet to rule. The Chief Justice has recused herself, stating that she has a connection to the case, although she has not elaborated. Many homeowners have waited to repair their homes, hoping to receive compensation. Pulte Homes, the builder of the project, has also repaired some homes. It is not clear if those homeowners are eligible for the class action lawsuit. Read the court decision
    Read the full story...
    Reprinted courtesy of

    Pine River’s Two Harbors Now Targets Non-Prime Mortgages

    November 05, 2014 —
    Count Two Harbors Investment Corp. (TWO) among investors looking for profits in riskier home loans -- and expecting a market for bonds backed by them to re-emerge even with safer issuance showing limited signs of life. The real-estate investment trust, whose 74 percent total return over the past three years is almost double that of peers, recently told the lenders that have been selling it big, high-quality mortgages that it’s now also seeking to purchase non-prime loans and those with low down payments, Chief Investment Officer Bill Roth said today during a conference call for analysts and investors. “Our expectation and certainly hope would be as this market opens up and becomes fairly meaningful that a securitization market would develop,” he said. Of course, he sees the timeline as “probably measured in years, not months.” Read the court decision
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    Reprinted courtesy of Jody Shenn, Bloomberg
    Ms. Shenn may be contacted at

    Retaining Wall Contractor Not Responsible for Building Damage

    July 20, 2011 —

    The Court of Appeals of Indiana ruled on July 8 in the case of Rollander Enterprises, Inc. v. H.C. Nutting Co. Judge Baily wrote the opinion affirming the decision of the trial court.

    The case involved an unfinished condominium complex, the Slopes of Greendale, in Greendale, Indiana. Rollander is a real estate development company incorporated in Ohio. One of the issues in the case was whether the case should be settled in the Indiana courts or be tried in Ohio. The project was owned by a special purpose entity limited liability corporation incorporated in Indiana.

    Rollander hired Nutting to determine the geological composition of the site. Nutting’s report described the site as “a medium plastic clay containing pieces of shale and limestone.” The court summarized this as corresponding with “slope instability and landslides.” Rollander then hired Nutting to design the retaining walls, which were constructed by Scherziner Drilling.

    After cracking was discovered on State Route 1, the walls were discovered to be inadequate. More dirt was brought in and a system of tie-backs was designed to anchor the walls. Not only were the tie-backs unsightly, local officials would not approve the complex for occupancy. Further, the failure of the wall below one building lead to damage of that building.

    The court concluded that since almost all events occurred in Indiana, they rejected Rollander’s contention that the case should be tried in Ohio. Further, the court notes “the last event making Nutting potentially liable on both claims was an injury that occurred in Indiana and consequently, under the lex loci delicti analysis, Indiana law applies.”

    Nor did the court find that Nutting was responsible for the damage to the rest of the project, citing an Indiana Supreme Court ruling, that “there is no liability in tort to the owner of a major construction project for pure economic loss caused unintentionally by contractors, subcontractors, engineers, design professionals, or others engaged in the project with whom the project owner, whether or not technically in privity of contract, is connected through a network or chain of contracts.”

    The court concluded:

    Because Rollander was in contractual privity with Nutting, and Indy was connected to Nutting through a chain of contracts and no exception applies, the economic loss rule precludes their recovery in tort. Damage to Building B was not damage to "other property," and the negligent misrepresentation exception to the economic loss rule is inapplicable on these facts. The trial court therefore did not abuse its discretion by entering judgment on the evidence in favor of Nutting on the Appellants' negligence and negligent misrepresentation claims.

    Read the court’s decision…

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    Reprinted courtesy of

    Anatomy of an Indemnity Provision

    January 28, 2015 —
    Indemnity clauses are one of the most negotiated (and litigated) provisions in a construction contract. They are also one of the most least understood. But we’re here to dissect it for you, so to speak. What is an indemnity clause? An indemnity clause is simply a risk transfer provision that seeks to transfer risk from one party to another party. Read the court decision
    Read the full story...
    Reprinted courtesy of Garret Murai, Wendel Rosen Black & Dean LLP
    Mr. Murai may be contacted at

    Rio Olympic Infrastructure Costs of $2.3 Billion Are Set to Rise

    January 31, 2014 —
    Brazilian authorities announced 5.6 billion reais ($2.3 billion) will be spent on infrastructure directly related to the 2016 Rio de Janeiro Olympic Games and those costs will rise as projects are added. Yesterday’s announcement comes months behind schedule, and after pressure on public bodies to reveal exactly how much it will cost for Rio to be the first South American city to host the quadrennial showpiece. Delays and cost overruns to several projects related to this year’s soccer World Cup have sharpened the focus on the Olympics. “We are committed to being on schedule,” Sports Minister Aldo Rebelo said at a press conference in Rio to announce the spending plans. “It is the first time we have a consortium of three levels of government. It is in an effort to ensure the success and execution of all the commitments to deliver the Olympics in Rio in 2016.” Mr. Panja may be contacted at and Mr. Biller may be contacted at Read the court decision
    Read the full story...
    Reprinted courtesy of Tariq Panja and David Biller, Bloomberg

    Ahlers & Cressman Presents a Brief History of Liens

    August 20, 2014 —
    Brad Westmoreland on Ahlers & Cressman PLLC’s blog, presented the history of liens in the U.S., going back to 1789. In fact, the lien was created in response to the need of swift and extensive construction in Washington D.C. “Although it had an abundance of land at the time, America was short on labor and capital,” Westmoreland wrote. “Knowing the state of things, builders were hesitant to provide labor and materials without guarantees that owners would be able to pay.” According to the Ahlers & Cressman PLLC blog, Thomas Jefferson solved the issue by urging “the Legislature of Maryland to pass a law giving builders ‘a lien upon newly created values of [their] labors.’ The new law would provide builders with the assurance that contracts would not result in a total loss should the owners fail to pay.” Read the court decision
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    Reprinted courtesy of

    Perovskite: The Super Solar Cells

    July 23, 2014 —
    “Embedding solar cells into buildings has always been more of a nice idea instead of an economical approach,” according to Gigaom, however they reported that a new kind of solar cell developed by a researcher at Oxford University might change things. Henry Snaith and his research team through experimentation discovered “perovskites,” which increase the amount of sunlight converted to electricity by 17 percent over other solar cells. Solar cells currently used have, at times, proved inefficient. “Solar cells that won’t obstruct the view that a window offers historically have done poorly in converting much sunlight into electricity,” Gigaom reported. “Other types of solar cells have been too expensive to make. Plus, they won’t produce as much electricity when they line one side of a building rather than its rooftop, where they get sun for longer hours each day.” Currently, Oxford PV, the perovskite start-up company, is pushing into commercializing its solar technology, and “is looking at opening an office in Silicon Valley.” Read the court decision
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    Reprinted courtesy of

    Landmark San Diego Hotel Settles Defects Suit for $6.4 Million

    March 04, 2011 —

    After five years of legal battles, the condo owners of the El Cortez Hotel building in downtown San Diego settled for $6.4 million, as reported by The San Diego Union-Tribune on March 28, 2011. The Homeowners Association will net just over $3 million from the settlement.

    The litigation may have had an adverse effect on the value of the condos within the El Cortez Hotel building. According to an article by Kelly Bennett of Voice of San Diego, “Many condos in the building originally sold for more than $600,000. Currently, the three units on the market are asking for just more than $200,000, the U-T said.”

    Andrew Berman, the owners’ attorney, told The San Diego Union-Tribune that the five years of litigation included six lawsuits, 200 depositions, and multiple construction tests.

    Read the full story... (San Diego Union Tribune)

    Read the full story... (Voice of San Diego)

    Read the court decision
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    Reprinted courtesy of