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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
    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

    Structural Engineer Found Liable for Defects that Rendered a Condominium Dangerously Unsafe

    California Supreme Court Allows Claim Under Unfair Competition Statute To Proceed

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

    Construction Defects Are Not An Occurrence Under New York, New Jersey Law

    Pulte’s Kitchen Innovation Throw Down

    Client Alert: Restaurant Owed Duty of Care to Driver Killed by Third-Party on Street Adjacent to Restaurant Parking Lot

    Construction Employment Rose in 38 States from 2013 to 2014

    A Loud Boom, But No Serious Injuries in World Trade Center Accident

    Ahead of the Storm: Preparing for Irma

    Housing Woes Worse in L.A. Than New York, San Francisco

    U.S. Stocks Fall as Small Shares Tumble Amid Home Sales

    OSHA Penalties—What Happened with International Nutrition

    In Search of Cement Replacements

    Court Holds That Self-Insured Retentions Exhaust Vertically And Awards Insured Mandatory Prejudgment Interest in Stringfellow Site Coverage Dispute

    Client Alert: Disclosure of Plaintiff’s Status as Undocumented Alien to Prospective Jury Panel Grounds for Mistrial

    Gilroy Homeowners Sue over Leaky Homes

    Las Vegas’ McCarran Tower Construction Issues Delays Opening

    Federal Court Ruling Bolsters the “Your Work” Exclusion in Standard CGL Policies

    A UK Bridge That Is a Lesson on How to Build Infrastructure

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    Disputed Facts on Cause of Collapse Results in Denied Cross-Motions for Summary Judgment

    2018 Construction Outlook: Mature Expansion, Deceleration in Some Sectors, Continued Growth in Others

    Apprentices on Public Works Projects: Sometimes it’s Not What You Do But Who You Do the Work For That Counts

    Crumbling Roadways Add Costs to Economy, White House Says

    Insured Versus Insured Clause Does Not Bar Coverage

    Commercial Development Nearly Quadruples in Jacksonville Area

    Park Avenue Is About to Get Something It Hasn’t Seen in 40 Years

    A New AAA Study Confirms that Arbitration is Faster to Resolution Than Court – And the Difference Can be Assessed Monetarily

    Stuck in Seattle: The Aggravating Adventures of a Gigantic Tunnel Drill

    Meritage Acquires Legendary Communities

    New Law Impacting Florida’s Statute of Repose

    I-35W Bridge Collapse may be Due to “Inadequate Load Capacity”

    Things You Didn't Know About Your Homeowners Policy

    Sales of U.S. New Homes Decline After Record May Revision

    California Supreme Court Holds Insured Entitled to Coverage Under CGL Policy for Negligent Hiring

    Anatomy of an Indemnity Provision

    How California’s Construction Industry has dealt with the New Indemnity Law

    Boilerplate Contract Language on Permits could cause Problems for Contractors

    Coverage Rejected Under Owned Property and Alienated Property Exclusions

    Contractors Admit Involvement in Kickbacks

    Badly Constructed Masonry Walls Not an Occurrence in Arkansas Law

    Need to Cover Yourself for “Crisis” Changes on a Job Site? Try These Tips (guest post)

    Disgruntled Online Reviews of Attorney by Disgruntled Former Client Ordered Removed from Yelp.com

    Hawaii Supreme Court Construes Designated Premises Endorsement In Insured's Favor

    Building Recovery Comes to Las Vegas, Provides Relief

    Tokyo Building Flaws May Open Pandora's Box for Asahi Kasei

    Existing U.S. Home Sales Rise to Second-Highest Since 2007

    Pennsylvania Court Extends Construction Defect Protections to Subsequent Buyers

    Home Prices in 20 U.S. Cities Rose in June at a Slower Pace

    Allegations Confirm Duty to Defend Construction Defect Claims
    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 delivers a superior construction and design expert support solution to legal professionals and construction practice groups seeking meaningful resolution of construction defect and claims matters. BHA provides construction claims and trial support services to the industry's leading construction practice groups, Fortune 500 builders, real estate investment trusts, risk managers, owners, as well as a variety of municipalities and government offices. In connection with regional assets which comprise testifying architects, design engineers, construction cost and standard of care experts, the firm brings specialized expertise and local capabilities to the Anaheim region.

    Anaheim California eifs expert witnessAnaheim California expert witnesses fenestrationAnaheim California building expertAnaheim California civil engineering expert witnessAnaheim California construction expert witness public projectsAnaheim California construction project management expert witnessesAnaheim California structural engineering expert witnesses
    Construction Expert Witness News & Info
    Anaheim, California

    Arizona – New Discovery Rules

    May 16, 2018 —
    Effective July 1, 2018 New Rules of Civil Procedure are taking effect in Arizona on July 1, 2018. The new Rules will change how discovery works in civil litigation in the state. Here is a sneak peek at the changes that will impact your file handling the most: Tiered Discovery
    • How much discovery is allowed in a case will now depend on the amount and type of relief sought
    • Cases will be assigned to one of three tiers
    • Parties can agree on a tier assignment, the court can assign a tier, or a tier can be assigned based on the amount of damages, or a combination of monetary and non-monetary damages
    Read the court decision
    Read the full story...
    Reprinted courtesy of John Belanger, Bremer Whyte Brown & O'Meara LLP
    Mr. Belanger may be contacted at jbelanger@bremerwhyte.com

    Withdrawal Liability? Read your CBA

    July 10, 2018 —
    Withdrawal liability is a huge issue facing unionized employers. According to Bloomberg, 93% of the Top 200 largest pension plans are underfunded by a combined $382 billion. Contractors that withdraw from a multi-employer pension plan can face hundreds of thousands or millions of dollars in assessed withdrawal liability. However, employers may be able to avoid that liability, plus the legal and consulting fees to fight it, by simply reading their collective bargaining agreement. Read the court decision
    Read the full story...
    Reprinted courtesy of Wally Zimolong, Zimolong LLC
    Mr. Zimolong may be contacted at wally@zimolonglaw.com

    A Sample Itinerary to get the Most out of West Coast Casualty’s Construction Defect Seminar

    May 03, 2018 —
    With so many worthwhile events stretched across three days, as well as wanting to get out and explore the many attractions in Orange County, California, Construction Defect Journal has come up with a sample itinerary that balances work with recreation. Day One: Wednesday, May 16th 9:00 a.m. – Breakfast at Steakhouse 55 (Disneyland Hotel) Meet up with colleagues at Disney’s Steakhouse 55 where you will find a more peaceful and upscale venue, perfect for networking or just catching up with friends. 10:00 a.m. - Madara Spa at Disney’s Grand Californian Hotel With a free morning, this is the perfect time to take advantage of one of the Disneyland Resort’s pools or schedule a massage at the Madara Spa located within the Grand Californian Hotel. 11:30 a.m. – Grab and Go Lunch at The Coffee House (Disneyland Hotel) Refuel with a salad or sandwich from one of Disneyland Resort’s quick service restaurants. 12:00 p.m. – Seminar Registration and Schwag Hunting Start heading over to the seminar to register and be one of the first to check out the amazing exhibitors and grab the free items they have to offer. You don’t want to miss BHA’s golf challenge, where if you sink a putt you win a $25 Amazon gift card for yourself and BHA will match the $25 to the worthwhile WCC charities! 1:00 p.m. – Seminar Begins! The afternoon starts with a not-to-be-missed panel, “Struggles and Successes of the Past 25 Years.” Next, you’ll learn about “Unwrapped and Unraveled - An insightful (or inciteful?) play at the changing nature of the relationships between the parties in a wrap program who thought the wrap was supposed to take care of everything.” 3:00 p.m. – Afternoon Break Get a cup of coffee or water, and head out into the exhibit hall. Don’t forget to go to BHA’s booth to enter to win Dodger tickets. 3:30 p.m. – Seminar Panels Continue The seminar returns with two more amazing panels: “East Coast Meets West Coast –Hot Construction Defect Issues and Coverage Cases from the Other Coast” and “How to Conduct Your Claim Investigation and Early Claims Handling To Avoid Bad Faith Traps.” 6:00 p.m. – Attend an After Party After taking a few minutes to unwind and freshen up, go and network as well as have some at one of the reception’s thrown by attending firms. No after party? Head over to the Uva Bar at Downtown Disney for a cocktail and some people watching. 8:00 p.m. - Late Dinner at Catal Restaurant (Downtown Disney) Enjoy a relaxing and sumptuous meal at Catal in Downtown Disney, one of the famed Patina Group’s restaurants. Day Two: Thursday, May 17th 7:30 a.m. – Breakfast in the Exhibit Hall Take advantage of West Coast Casualty’s free breakfast, and peruse more exhibits. Check out BHA’s data process collection process and discover meaningful cost improvements that translate to reduced billing while providing superior accuracy and credibility. 8:30 a.m. – Seminar Panels The seminar returns with more panels you won’t want to miss: “Recent Important Appellate Decisions in California, Nevada, and Arizona” and “Litigating In The Western States - A Judge’s Perspective.” 10:30 a.m. – Morning Break Grab a cup of coffee or water and chat with your colleagues about the panels you just heard. 10:45 a.m. – Seminar Panel Another important panel to finish the morning, “Subrogation is not the type of intervention I need. How a subrogated insurer affects construction defect matters.” 11:45 a.m. – Award Presentation Find out this year’s winners of the Ollie, Legend of the Era and Silver Stars. 12:15 p.m. – WCC Luncheon Network and chat with your colleagues at one of the meals provided by the seminar. 1:30 p.m. – Seminar Panel Now that you’ve recharged, you’re ready for another incredible WCC panel: “What Comes Around (Sometimes) Goes Around: Dealing with Recalcitrant Carriers.” 2:30 p.m. – Afternoon Break Stretch your legs in the exhibit hall and get yourself more schwag. Learn about BHA’s expanding market presence and full range of services in Texas, Florida, and across the Southeast United States. 3:00 p.m. – Seminar Panels Continue Don’t miss the last two panels of the day: “Effective Use of Experts” and “Claims Managers Speak - A Retrospective & Prospective Discussion.” 5:30 p.m. – Cocktail Reception With your glass of Cabernet, network with colleagues and then try your hand again at BHA’s golf challenge to win an Amazon gift card and earn money for WCC charities. 6:30 p.m. – Hit the Pool or Jacuzzi Take those tired feet and soak them in one of the Disneyland Resort’s many pools and jacuzzi’s. Or schedule a spa treatment at Madara in the Grand Californian Hotel. 7:00 p.m. – After Party or Ball Game Now that you’ve given yourself some time to rejuvenate, you’re ready to meet up with friends and colleagues at one of the after parties and receptions. Or if you’re a sports fan and want a break from work, go cheer on the Angel’s as they play Tampa Bay. 8:30 p.m. – Uva Bar Unless you chose to go to the game, enjoy a late supper and cocktail under the beautiful southern California sky at the Uva Bar in Downtown Disney. Day Three: Friday, May 18th 7:30 a.m. – Breakfast at the Seminar Take advantage of another free meal, and take the time to check out more exhibits as the last day of the seminar begins. Don’t forget to enter BHA’s raffle for Dodger tickets! 8:30 a.m. – Breakout Sessions I Choose between one of three breakout sessions: “Known Knowns and Known: Unknowns, the Ins and Outs of Extrapolation,” “Risk Transfer Alphabet Soup - A twelve year lookback on legislative tinkering with anti-indemnity statutes - where are we now?” or “Florida – Opening Pandora's Box and How to Close It.” 9:30 a.m. – Breakout Sessions II Three additional breakout sessions to choose from: “An Update on California’s Right to Repair Act, featuring McMillin Albany et al. v. Superior Court,” “Finding Evidence for your Coverage Case,” or “Northwest Insurance Coverage and Extra-Contractual Issues.” 10:30 a.m. – Morning Break Refuel with coffee or water before the next group of exciting breakout sessions begins. 11:00 a.m. – Breakout Sessions III You’ll want to go to one of these three breakout sessions: “Subcontractor Wars: The Last AI,” “Mediating the Luxury Single Family Home Construction Defect Case,” or “Creative Solutions to the Florida Problem: Making No Contribution and No State Law Work for You.” 12:00 p.m. – Breakout Sessions IV and the End of the Seminar The seminar closes with the last trio of breakout sessions: “Everyone is a Small Player,” “Real World Solutions to the Real Problems Presented By Wrap Up Programs,” or “When Mother Nature Attacks, Are you Covered?” 1:30 p.m. – Lunch at Corn Dog Castle in California Adventure Park OR Hollinghead’s Delicatessen in Orange If you’re a Disney lover, you’ll want to take advantage of the day by going to one of the Disney Resort Parks, of course. Get one of Disney’s amazing corn dogs at Corn Dog Castle in California Adventure Park.

    Or if you would rather explore the greater Anaheim area, then head over to Hollinghead’s Delicatessen for a homemade sandwich and a glass of beer on tap. 3:00 p.m. – Disney Entertainment OR Museum Exploring If you chose to go to California Adventure, check out the event schedule for the day. Catch the show Frozen – Live at the Hyperion or get a Fastpass for the Radiator Springs Racers and ride Soarin’ Around the World. If you purchased a two-park pass, don’t forget about Space Mountain or Star Tours located in the Disneyland Park. North Orange county has many interesting museums. Head to the Bowers Museum in Santa Ana or the Muzeo in Anaheim. 7:00 p.m. – Dinner at the Blue Bayou Restaurant OR the Summit House Restaurant Have a one-of-a-kind eating experience at the Blue Bayou in Disneyland Park. Enjoy a dinner in the midst of the Pirates of the Caribbean ride! If you wish to remain in the California Adventure Park, try an alfresco dinner at Wine Country Trattoria or an indoor, upscale meal at Carthay Circle. After an afternoon perusing museums, enjoy a truly superb meal with attentive service at one of Anaheim’s premier restaurants, Summit House. Feeling like having some fun rather than a sedate meal? Head over to the House of Blues in Anaheim for their Party Like It’s 1999! A Prince Tribute Party. 8:30 p.m. – Paint the Night Parade/Together Forever OR The Blind Rabbit Speakeasy Head over to watch the Paint the Night Parade at the California Adventure Park or the fireworks display, Together Forever — A Pixar Nighttime Spectacular at the Disneyland Park. Be sure to check out the daily event schedule for up to date information. End your evening at Anaheim’s only speakeasy, the Blind Rabbit, located in the Anaheim Meat Packing district. Be sure to check out their “rules” and reserve a table at this popular spot. Read the court decision
    Read the full story...
    Reprinted courtesy of

    Misread of Other Insurance Clause Becomes Costly for Insurer

    February 22, 2018 —

    One insurer's refusal to defend based upon its "other insurance" provision ultimately meant the insurer had to pay all of the insured's defense costs. Steadfast Ins. Co. v. Greenwich Ins. Co., 2018 Wis. App. LEXIS 51 (Wis. Ct. App. Jan. 17, 2018).

    Milwaukee Metropolitan Sewerage District (MMSD) was a government agency that provided water reclamation and flood management services to the city. From March 1, 1998 to February 20, 2008, MMSD contracted with United Water Services Milwaukee LLC to operate the sewerage system. From March 1, 2008 on, MMSD contracted with Veolia Water North America-Central, LLC to operate the system.

    Through agreements, both companies were obligated to indemnify MMSD for claims arising out of the operations and maintenance of the system and to obtain insurance to cover their indemnity obligations. Both companies complied.

    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

    Insurer Must Defend Contractor Against Claims of Faulty Workmanship

    May 30, 2018 —
    The magistrate judge recommended that the insurer's motion for summary judgment seeking to determine there was no coverage for claims of faulty workmanship be denied. Greystone Multi-Family Builders v. Gemini Ins. Co., 2018 U.S. Dist. LEXIS 56770 (S.D. Tex. Feb. 26, 2018). TPG (Post Oak) purchased an OCIP policy to cover construction of an apartment complex. TPG was sued by the contractor, Greystone, after TPG cancelled the construction contract. TPG filed a counterclaim against the contractor, alleging that Greystone had failed to properly perform in building a luxury apartment complex which resulted in monetary damages to TPG. The complaint further alleged that the project was nine months behind its substantial completion date, far from complete, and over budget when TPG cancelled the contract. The cost to fix the mismanagement caused by Greystone was $18.9 million. 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

    William Lyon to Acquire RSI Communities

    February 22, 2018 —
    According to the article “William Lyon Agrees to Buy RSI Communities $460 million deal plants Lyon in Texas and adds to Inland Empire land holdings” published on the website Builder, the Newport Beach home builder is purchasing the Southern California and Texas home builder. This will be Lyon Homes’ first venture in the state of Texas. RSI Communities works within both San Antonio and Austin, Texas as well as Southern California and the Inland Empire. It was founded by Todd Palmaer, a home building expert and Ron Simon, a building products expert and Newport Beach businessman. First time home buyers have been RSI’s main target. President and CEO of RSI, Tod Palmaer is optimistic about the acquisition “We are delighted to have our company join the William Lyon Homes organization. We have a great deal of confidence in the William Lyon Homes platform and its executive management team, and believe that its acquisition of RSI Communities will add to Lyon’s continued success in its current and new markets.” Pat Donahue who has almost 30 years of experience in home building, will serve as President to the Inland Empire Division. John Bohnen, RSI’s present Chief Operating Officer, will be the regional president in Texas. Mr. Bohnen has previously held executive positions with numerous home builders. William Lyon’s president and CEO Mark R. Zaist is excited about adding RSI’s key players to their team, and had this to say about the purchase. “The acquisition of RSI represents our most significant acquisition since our entry into Portland and Seattle with the Polygon Northwest Homes acquisition in 2014 and furthers our strategy of building in the strongest markets in the Western U.S., while also strengthening our pipeline in Southern California, as we continue our mission of being the premier Western Regional home builder.” Read the court decision
    Read the full story...
    Reprinted courtesy of

    Eighth Circuit Considers Judicial Estoppel in Hazardous Substance Release-Related Personal Injury Case

    April 11, 2018 —
    On April 5, the U.S. Court of Appeals for the Eighth Circuit decided the case of Kirk v. Schaeffler Group USA, Inc., et al., a personal injury action commenced in the U.S. District Court for the Western District of Missouri alleging injury resulting from the release of thousands of gallons of trichloroethylene (TCE) at the FAG Bearings Corporation’s (FAG Bearings) facility in Joplin, MO. The Court of Appeals reversed the District Court’s judicial estoppel ruling on the successor liability issue and concluded that the jury’s verdict on compensatory damages stands but their general verdict requires a new trial on Plaintiff’s punitive damages claim against FAG Bearings. Read the court decision
    Read the full story...
    Reprinted courtesy of Anthony B. Cavender, Pillsbury Winthrop Shaw Pittman LLP
    Mr. Cavender may be contacted at anthony.cavender@pillsburylaw.com

    Forecast Sunny for Solar Contractors in California

    June 06, 2018 —
    On May 9, the California Energy Commission announced that it has “adopted building standards that require solar photovoltaic systems starting in 2020.” The 2019 Building Energy Efficiency Standards are expected to “reduce greenhouse gas emissions by an amount equivalent to taking 115,000 fossil fuel cars off the road.” California will be the first in the nation to require solar. The new standards take effect on January 1, 2020. Read the court decision
    Read the full story...
    Reprinted courtesy of Amy L. Pierce, Pillsbury Winthrop Shaw Pittman LLP
    Ms. Pierce may be contacted at amy.pierce@pillsburylaw.com