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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
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    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

    Mexico’s Construction Industry Posts First Expansion Since 2012

    Water Bond Would Authorize $7.5 Billion for California Water Supply Infrastructure Projects

    To Require Arbitration or Not To Require Arbitration

    Waiving Workers’ Compensation Immunity for Indemnity: Demystifying a Common and Scary-Looking Contract Term

    Lead Paint: The EPA’s Renovation, Repair and Painting Rule

    Strict Rules for Home Remodel Contracts in California

    Addenda to Construction Contracts Can Be an Issue

    "Ordinance or Law" Provision Mandates Coverage for Roof Repair

    Minnesota Addresses How Its Construction Statute of Repose Applies to Condominiums

    Condo Developers Buy in Washington despite Construction Defect Litigation

    Reaffirming the Importance of Appeal Deadlines Under the Contract Disputes Act

    Delay Leads to Problems with Construction Defects

    Candis Jones Named to Atlanta Magazine’s 2021 “Atlanta 500” List

    Palo Alto Proposes Time Limits on Building Permits

    Water Drainage Case Lacks Standing

    Colorado Supreme Court Grants the Petition for Writ of Certiorari in Vallagio v. Metropolitan Homes

    Project-Specific Commercial General Liability Insurance

    Idaho Federal Court Rules Against Sacketts After SCOTUS Decided Judicial Review of an EPA Compliance Order was Permissible

    Construction Defects Survey Results Show that Warranty Laws Should be Strengthened for Homeowners & Condominium Associations

    Don’t Conspire to Build a Home…Wait…What?

    Cracked Girders Trigger Scrutiny of Salesforce Transit Center's Entire Structure

    Newmeyer & Dillion Welcomes Three Associates to Newport Beach Office

    WSDOT Seeks Retraction of Waiver Excluding Non-Minority Woman-Owned Businesses from Participation Goals

    Insurers Refuse Indemnification of Subcontractors in Construction Defect Suit

    As California Faces Mandatory Water Use Reductions How Will the Construction Industry be Impacted?

    NYC Luxury-Condo Buyers Await New Towers as Sales Slow

    FIFA Inspecting Brazil’s World Cup Stadiums

    WARN Act Exceptions in Response to COVID-19

    Construction Defect Lawsuits Hinted for Dublin, California

    New 2021 ALTA/NSPS Land Title Survey Standards Effective February 23, 2021

    Construction Law Breaking News: California Supreme Court Rules in Favor of Beacon Residential Community Association

    Assignment of Insured's Policy Ineffective

    When to Withhold Retention Payments on Private or Public Projects

    David A. Frenznick Awarded Multiple Accolades in the 2020 Edition of The Best Lawyers in America

    Reconciling Prompt Payments and Withholding of Retention Payments

    HP Unveils Cheaper, 3-D Printing System to Spur Sales

    Infrared Photography Illuminates Construction Defects and Patent Trolling

    Remodel Gets Pricey for Town

    Philadelphia Court Rejects Expert Methodology for Detecting Asbestos

    Denver Passed the Inclusionary Housing Ordinance

    Las Vegas, Back From the Bust, Revives Dead Projects

    Insurer Incorrectly Relies Upon "Your Work" Exclusion to Deny Coverage

    WSDOT Excludes Non-Minority Women-Owned DBEs from Participation Goals

    Civility Is Key in Construction Defect Mediation

    U.S. Construction Spending Rose in 2017 by Least in Six Years

    Code Changes Pave Way for CLT in Tall Buildings and Spark Flammability Debate

    Colorado Abandons the “Completed and Accepted Rule” in Favor of the “Foreseeability Rule” in Determining a Contractor’s Duty to a Third Party After Work Has Been Completed

    Prison Contractors Did Not Follow the Law

    Six Inducted into California Homebuilding Hall of Fame

    Insurer Must Pay for Matching Siding of Insured's Buildings
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    ANAHEIM CALIFORNIA CONSTRUCTION EXPERT WITNESS
    DIRECTORY AND CAPABILITIES

    Through over 4500 construction defect and claims related expert witness designations, the Anaheim, California Construction Expert Directory delivers a comprehensive construction and design expert support solution to builders and construction claims professionals concerned with construction defect, scheduling, and delay matters. BHA provides construction related litigation support and expert consulting services to the industry's leading construction practice groups, Fortune 500 builders, insurers, owners, as well as a variety of public entities. In connection with regional assets which comprise licensed general and specialty contractors, consulting civil engineers, NCARB certified architects, roofing, and building envelope experts, the firm brings regional experience and flexible capabilities to the Anaheim construction industry.

    Anaheim California window expert witnessAnaheim California OSHA expert witness constructionAnaheim California expert witnesses fenestrationAnaheim California construction project management expert witnessAnaheim California construction code expert witnessAnaheim California soil failure expert witnessAnaheim California architect expert witness
    Construction Expert Witness News & Info
    Anaheim, California

    Federal Courts Keep Chipping Away at the CDC Eviction Moratorium

    March 22, 2021 —
    In a March 10 decision, a federal court in Cleveland blocked the national eviction moratorium, making it the second court to challenge the emergency measure implemented under President Donald Trump and extended by the Biden administration. The order clears the way for courts and landlords to resume evictions against tenants across much of Ohio. But the landlord groups who brought the suit believe that the decision could have a broader national application, setting the stage for an earlier-than-anticipated resumption of eviction activity before the ban expires on March 31. The judge ruled that the Centers for Disease Control and Prevention, which introduced its ban on evictions in September, lacks the authority to enact such a policy. While the court stopped short of issuing an injunction against the CDC ban, its decision goes further than the Texas court that made a similar call late in February. Read the court decision
    Read the full story...
    Reprinted courtesy of Kriston Capps, Bloomberg

    Is Privity of Contract with the Owner a Requirement of a Valid Mechanic’s Lien? Not for GC’s

    January 04, 2021 —
    As any reader of this construction law blog knows, mechanic’s liens make up much of the discussion here at Construction Law Musings. A recent case out of Fairfax County, Virginia examined the question of whether contractual privity between the general contractor and owner of the property at issue is necessary. As a reminder, in most situations, for a contract claim to be made, the claimant has to have a direct contract (privity) with the entity it sues. Further, for a subcontractor to have a valid mechanic’s lien it would have to have privity with the general contractor or with the Owner. The Fairfax case, The Barber of Seville, Inc. v. Bironco, Inc., examined the question of whether contractual privity is necessary between the general contractor and the Owner. In Bironco, the claimant, Bironco, performed certain improvements for a barbershop pursuant to a contract executed by the two owners of the Plaintiff. We wouldn’t have the case here at Musings if Bironco had been paid in full. Bironco then recorded a lien against the leasehold interest of The Barber of Seville, Inc., the entity holding the lease. The Plaintiff filed an action seeking to have the lien declared invalid because Brionco had privity of contract with the individuals that executed the contract, but not directly with the corporate entity. Read the court decision
    Read the full story...
    Reprinted courtesy of The Law Office of Christopher G. Hill
    Mr. Hill may be contacted at chrisghill@constructionlawva.com

    Natural Disasters’ Impact on Construction in the United States

    December 14, 2020 —
    In these times of easy and instant access to news from around the globe, the effects of major earthquakes in Indonesia and Mexico, cyclones in Southeast Asia, Tsunamis around the world, volcanoes in Europe in unexpected places and, of course, raging forest fires and hurricanes in the United States are frequently in the news. Accompanying each of these disasters are immediate threats to construction projects, both physical and those affecting the safety and health of personnel. However, after the dust settles or the waters recede, myriad issues will become obstacles to the road to recovery for a contractor to navigate. In 2020 alone, the volume of strong storms and forest fires have focused so much attention on the impact of disasters. The purpose of this article is to provide guidelines in anticipation of disasters, for reviewing the impact of a disaster as it is happening, and developing a mitigation plan to limit losses. Anticipating Disasters The best time to prepare for a disaster on a project is before the project starts. Reviewing contract rights, insurance policies and company disaster response protocols while a category 3 hurricane is a day away is not a best practice. To avoid falling into that situation, a contractor should follow the following guidelines. Doing so facilitates proper action during the actual disaster itself and in the aftermath. Reprinted courtesy of Robert S. Peckar & Crystal T. Dang, Construction Executive, a publication of Associated Builders and Contractors. All rights reserved. Mr. Peckar may be contacted at rpeckar@pecklaw.com Ms. Dang may be contacted at cdang@pecklaw.com Read the court decision
    Read the full story...
    Reprinted courtesy of

    Another Reminder that Contracts are Powerful in Virginia

    February 08, 2021 —
    Regular readers of this construction law blog are likely tired of my refrain that the contract is king here in Virginia. With few exceptions, some of which have been passed in the last few years, the contract can and does essentially set the “law” for the transaction. A recent opinion from the 4th Circuit Court of Appeals confirms this principle. In Bracey v. Lancaster Foods, LLC, the Court looked at the question as to whether parties can contractually limit the statute of limitations in which a plaintiff or arbitration claimant can file its claim for relief. In Bracey, Michael Bracey, a truck driver, sued his former employer, Lancaster Foods, asserting various employment law claims. Lancaster moved to dismiss and compel arbitration based on the terms of an alternative dispute resolution agreement Bracey signed when he was hired, under which he consented to arbitration of any employment-related claim and waived all rights he may otherwise have had to a trial. Bracey challenged the arbitration clause, one that also included a 1-year limitation on the time in which Bracey was allowed to file any claim, as unconscionable. A federal judge in Maryland agreed and granted the motion to dismiss. Read the court decision
    Read the full story...
    Reprinted courtesy of The Law Office of Christopher G. Hill
    Mr. Hill may be contacted at chrisghill@constructionlawva.com

    Changes to Va. Code Section 43-13: Another Arrow in a Subcontractor’s Quiver

    November 02, 2020 —
    As is always the case here in Virginia, our General Assembly has made some legislative changes that affect construction contracting. One of these changes is an amendment to Va. Code 43-13 found in the mechanic’s lien section of the Virginia Code. This section of the code has always required that any money paid to a contractor must first go toward paying its subcontractors, suppliers and laborers prior to being used for any other purpose. Prior to 2020, the only remedy for violaiton of Va. Code 43-13 was to go to the local Commonwealth’s Attorney and request a prosecution of the wrongdoer. For various reasons, including that such action did not get the subcontractor or supplier that remained unpaid under this section paid, this remedy was not often pursued except in the most egrigious cases. A key change in the statute occurred during the 2020 legislative session states as follows:
    Any breach or violation of this section may give rise to a civil cause of action for a party in contract with the general contractor or subcontractor, as appropriate; however, this right does not affect a contractor’s or subcontractor’s right to withhold payment for failure to properly perform labor or furnish materials on the project. Any contract or subcontract provision that allows a contracting party to withhold funds due under one contract or subcontract for alleged claims or damages due on another contract or subcontract is void as against public policy.
    Read the court decision
    Read the full story...
    Reprinted courtesy of The Law Office of Christopher G. Hill
    Mr. Hill may be contacted at chrisghill@constructionlawva.com

    House of Digital Twins

    March 08, 2021 —
    As a vocal and passionate advocate for the adoption of Digital Twins for our built assets, I keep finding myself standing in, what feels like, the middle of a house of cards, observing its always rocky structure in constant danger of collapse. A wobbly system threatened by the tremors stressed by one of the most prominent digital revolutions that our construction industry has ever experienced. DIGITAL TWINS FOR OUR BUILT ASSET. This booming industry trend is gaining speed at a rate that the construction industry has never experienced before. Construction has always been slow at innovating and still holds its title as the least digitalised industry, but the Digital Twin revolution has now found our location and is ready to disrupt. I often witness how these forces attempt to pull down the cards, but, to my surprise, their resilience is what keeps holding the house together. Hold on, is this resilience or resistance? Read the court decision
    Read the full story...
    Reprinted courtesy of Cristina Savian, AEC Business

    Deadlines. . . They’re Important. Project Owner Risks Losing Claim By Failing to Timely Identify “Doe” Defendant

    December 21, 2020 —
    Earlier this year I filed a complaint in a court which I won’t identify other than to say that it wasn’t the San Francisco Superior Court. Immediately upon filing the complaint the Court gave notice of a trial date. As counsel for the party bringing the action, I appreciate this, as it eliminates the back and forth jostling that can sometimes occur when trying to get a trial date. Here’s the kicker though. While I appreciate getting a trial date straight out of the gate. The date I got was . . . wait for it . . . not until 2022! Those who litigate in California state courts know that the courts are understaffed and overworked. But you’ve got to give this un-named court credit for being upfront. Forget the “well, let’s see where this goes” niceties. Trial within a year? Fugetaboutit. Trial within a year and a half. Don’t even think about it. Trial within two years. It’s about as good as you’re going to get. Read the court decision
    Read the full story...
    Reprinted courtesy of Garret Murai, Nomos LLP
    Mr. Murai may be contacted at gmurai@nomosllp.com

    Additional Dismissals of COVID Business Interruption, Civil Authority Claims

    December 29, 2020 —
    Among the recent decisions dismissing complaints for business interruption and civil authority coverage due to closures caused by COVID-19 are Pappy's Barber Shops, Inc. v. Farmers Group, Inc., 2020 U.S. Dist. LEXIS 166808 (S.D. Calif. Sept. 11, 2020) and Sandy Point Dental v. Cincinnati Insurance Co., 2020 U.S. Dist. LEXIS 171979 (E.D. Ill. Sept. 21, 2020). The difficulty in proving "direct physical loss" was the downfall of both cases. In Pappy's, claims were made for business income losses insured as a result of local and state closure orders. The policy required "direct physical loss of or damage to property at the described premises." Plaintiffs argued that "direct physical loss of" did not require a tangible damage or alteration to property and that the loss of the ability to continue operating their businesses as a result of the government orders met this requirement. The court relied upon a prior decision, 10E, LLC v. Travelers Indem. Co. of Connecticut, 2020 U.S. Dist. LEXIS 165252 (C.D. Calif. Sept. 2, 2020) [post here], where the court noted that under California law, losses from inability to use property did not amount to "direct physical loss" within the meaning of the policy. 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