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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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    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
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    Lancaster, CA 93535

    Construction Expert Witness News and Information
    For Anaheim California

    David McLain Recognized Among the 2021 Edition of The Best Lawyers in America© for Construction Law

    Hawaii Court of Appeals Affirms Broker's Liability for Failure to Renew Coverage

    Restrictions On Out-Of-State Real Estate Brokers Being Challenged In Nevada

    Depreciation of Labor in Calculating Actual Cash Value Against Public Policy

    Miller Law Firm Helped HOA Recover for Construction Defects without Filing a Lawsuit

    California Trial Court Clarifies Application of SB800 Roofing Standards and Expert’s Opinions

    Technology and the Environment Lead Construction Trends That Will Continue Through 2019

    Boston Water Main Break Floods Trench and Kills Two Workers

    What is the Implied Warranty of Habitability?

    Don’t Overlook Leading Edge Hazards

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

    Aging-in-Place Features Becoming Essential for Many Home Buyers

    First-Party Statutory Bad Faith – 60 Days to Cure Means 60 Days to Cure

    Alarm Cries Wolf in California Case Involving Privette Doctrine

    Factor the Factor in Factoring

    Renters Who Bought Cannot Sue for Construction Defects

    Florida’s Construction Defect Statute of Repose

    Reasons to Be Skeptical About a Millennial Homebuying Boom in 2016

    Insured's Remand of Bad Faith Action Granted

    Revised Federal Rule Regarding Class-Wide Settlements

    Update: New VOSH Maximum Penalties as of July 1

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

    North Carolina Appeals Court Threatens Long-Term Express Warranties

    Berkeley Researchers Look to Ancient Rome for Greener Concrete

    Construction Defect Suit Can Continue Against Plumber

    Musk Says ‘Chicago Express’ Tunnel Project Could Start Work in Months

    Federal Judge Dismisses Insurance Coverage Lawsuit In Construction Defect Case

    Why 8 Out of 9 Californians Don't Buy Earthquake Insurance

    Rise in Home Building Helps Other Job Sectors

    Is Equipment Installed as Part of Building Renovations a “Product” or “Construction”?

    Type I Differing Site Conditions Claim is Not Easy to Prove

    First Suit to Enforce Business-Interruption Coverage Filed

    UPDATE - McMillin Albany LLC v. Superior Court

    Chinese Millionaire Roils Brokers Over Shrinking Mansion

    Major Change to Residential Landlord Tenant Law

    Bay Area Firm Offers Construction Consulting to Remodels

    No Coverage for Counterclaim Arising from Insured's Faulty Workmanship

    NYC Condo Skyscraper's Builder Wins a Round -- With a Catch

    Washington State Enacts Law Restricting Non-Compete Agreements

    ABC, Via Construction Industry Safety Coalition, Comments on Silica Rule

    Canada Housing Surprises Again With July Starts Increase

    Affirmed: Insureds Bear the Burden of Allocating Covered Versus Uncovered Losses

    Sales of U.S. Existing Homes Rise to One-Year High

    Construction Defect Journal Seeks Article Submissions Regarding SB800 and Other Builders Right to Repair Laws

    Consequential Damage Claims for Insurer's Bad Faith Dismissed

    Las Vegas’ McCarran Tower Construction Issues Delays Opening

    The Coronavirus, Zoom Meetings and Now a CCPA Class Action

    At Least 23 Dead as Tornadoes, Severe Storms Ravage South

    Anti-Fracking Win in N.Y. Court May Deal Blow to Industry

    A Word to the Wise about Construction Defects
    Corporate Profile


    Through over four thousand building and construction related expert designations, the Anaheim, California Construction Expert Directory offers a wide range of trial support and construction consulting services to lawyers and construction practice groups seeking effective resolution of construction defect and claims matters. BHA provides construction claims investigation and expert services to the nation's leading construction practice groups, Fortune 500 builders, general liability carriers, owners, as well as a variety of public entities. Employing in house resources which comprise licensed general and specialty contractors, consulting civil engineers, NCARB certified architects, roofing, and building envelope experts, the construction experts group brings specialized experience and local capabilities to Anaheim and the surrounding areas.

    Anaheim California consulting general contractorAnaheim California contractor expert witnessAnaheim California hospital construction expert witnessAnaheim California construction forensic expert witnessAnaheim California building code compliance expert witnessAnaheim California construction expert witnessAnaheim California consulting engineers
    Construction Expert Witness News & Info
    Anaheim, California

    Plaza Construction Negotiating Pay Settlement for Florida Ritz-Carlton Renovation

    August 31, 2020 —
    Lionstone Development, owner of the Ritz-Carlton hotel in Miami Beach's South Beach section, began a $90-million renovation in 2017 after damage by Hurricane Irma forced the property's closing. The company reopened the hotel this past January to considerable acclaim in the hospitality industry press. Scott Van Voorhis, Engineering News-Record ENR may be contacted at Read the full story... Read the court decision
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    Reprinted courtesy of

    Drastic Rebuild Resurrects Graves' Landmark Portland Building

    September 14, 2020 —
    Fifteen minutes into a 105-minute job interview for the $195-million overhaul of the long-troubled Portland Public Service Building in Oregon’s largest city, owner’s rep Mike Day threw a curve ball to the unwitting design-build team of Howard S. Wright Construction Co. and architect DLR Group. Already hard at work solving Day’s first faux crisis scenario—a budget buster that threatened the viability of the makeover of the notoriously dysfunctional landmark—they had to regroup. Reprinted courtesy of Nadine M. Post, Engineering News-Record Ms. Post may be contacted at Read the full story... Read the court decision
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    Reprinted courtesy of

    Contractor Sentenced to Seven Years for Embezzling $3 Million

    July 20, 2020 —
    Michael Medeiros was not a good guy. Ok, on a scale of 1 to 10, maybe not a 9 or 10 (when you’re including guys like Charles Manson), but a solid 6 or 7 at least. The next case, People v. Medeiros, Case No. A155648, 1st District Court of Appeals (March 26, 2020), is less important for its legal holding than as a reminder that while most legal disputes on construction projects end up with one party owing the other party money, sometimes, when a party’s conduct has been really bad, it can end in a loss of liberty (i.e., jail time) as well. People v. Medeiros Medeiros was a painting contractor operating under the name Professional Painting Company, Inc. In the early 1990s, Medeiros met Susan Lambert, who served as the property manager for a homeowners’ association, Woodlake Association, in Hayward, California. Lambert was an alcoholic. Following a series of surgeries in 2005 and 2007 she became addicted to opiates as well. She also had a gambling problem. As a result, Lambert regularly found herself in financial difficulty. And this is where Lambert and Medeiros found that they shared common ground. At some point, Medeiros confided to Lambert that he was having cash flow and tax problems. Read the court decision
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    Reprinted courtesy of Garret Murai, Nomos LLP
    Mr. Murai may be contacted at

    HHMR is pleased to announce that David McLain has been selected as a 2020 Super Lawyer

    June 29, 2020 —
    David McLain is a founding member of Higgins, Hopkins, McLain & Roswell. Mr. McLain has over 22 years of experience and is well known for his work in the defense of the construction industry, particularly in the area of construction defect litigation. He is a member of the Executive Committee of the CLM Claims College - School of Construction, which is the premier course for insurance, industry, and legal professionals. Law Week Colorado recently named Mr. McLain as the 2019 People’s Choice for Best Construction Defects Lawyer for Defendants. HHMR is highly regarded for its expertise in construction law and the litigation of construction-related claims, including the defense of large and complex construction defect matters. Our attorneys provide exceptional service to individuals, business owners, and Fortune 500 companies. The firm is experienced in providing legal support throughout trials and alternative dispute resolution such as mediations and arbitrations. Read the court decision
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    Reprinted courtesy of David McLain, Higgins, Hopkins, McLain & Roswell
    Mr. McLain may be contacted at

    Foreclosing Junior Lienholders and Recording A Lis Pendens

    July 13, 2020 —
    When you foreclose on a construction lien, there are a couple of pointers to remember. First, you want to make sure you include junior lienholders or interests you are looking to foreclose (or you want to be in a position to amend the foreclosure lawsuit to identify later). The reason being is you want to foreclose their interests to the property. “[J]unior interest holders are a narrow class of mortgagees whose interest in the underlying property is recorded after the foreclosing contractor’s claim of lien is filed. This class is routinely joined to the construction lien enforcement action under section 713.26 to allow the construction lienor to foreclose out the junior lienholder’s interest in the property encumbered by the construction lien.” See Decks N Sunch Marine, infra. Second, you want to record a lis pendens with the lien foreclosure lawsuit. Failure to do so could be problematic because Florida Statute s. 713.22(1) provides in part, “A lien that has been continued beyond the 1-year period by the commencement of an action is not enforceable against creditors or subsequent purchasers for a valuable consideration and without notice, unless a notice of lis pendens is recorded.” Read the court decision
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    Reprinted courtesy of David Adelstein, Kirwin Norris, P.A.
    Mr. Adelstein may be contacted at

    MTA Implements Revised Contractors Debarment Regulations

    July 06, 2020 —
    On June 3, 2020, the Metropolitan Transit Authority (“MTA”) published and implemented revised regulations pertaining to the debarment of contractors. The revised regulations address many of the deep concerns raised by the contracting community. Under relevant administrative procedure, the MTA publication of the revised regulations starts a 45 day notice period before the regulations can be adopted as final. The prior regulations essentially required that debarment occur upon a purely formulaic calculation establishing that a contractor: 1) was more than 10% late, or 2) had submitted invalid claims that exceeded the adjusted contract price by a measure of 10%. The revised regulations represent improvements over the prior regulations. Critically, the revised regulations address the primary concern raised by the contracting community, that being the mandate of purely formulaic debarment. Instead, the revised regulations establish a process that includes greater flexibility and discretion before debarment may ensue. Reprinted courtesy of Peckar & Abramson, P.C. attorneys Steven M. Charney, Gregory H. Chertoff and Paul Monte Mr. Charney may be contacted at Mr. Chertoff may be contacted at Mr. Monte may be contacted at Read the court decision
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    Reprinted courtesy of

    New York Court Temporarily Enjoins UCC Foreclosure Sale

    September 21, 2020 —
    New York courts have become a battleground for challenges to foreclosure sales under the Uniform Commercial Code (UCC) amidst the COVID-19 pandemic. Another trial court of the New York State Supreme Court (New York County) issued a preliminary injunction in Shelbourne BRF LLC v. SR 677 Bway LLC, halting a mezzanine lender’s August 19, 2020 UCC foreclosure sale. The decision confirms that the impact of the pandemic on the value of commercial real estate, and upon traditional steps taken to conduct a foreclosure auction, are both key factors that courts will continue to consider in determining whether a UCC foreclosure sale scheduled during the pandemic can be conducted in a commercially reasonable manner as required by the UCC. THE CASE In Shelbourne, the mezzanine borrowers owned the membership or equity interests in the companies (collectively, the “Property Owner”) that held title to a 12-story office building in Albany, New York. As security for the $3.35 million mezzanine loan, the mezzanine borrowers pledged their equity interests to the mezzanine lender. In May 2020, the mezzanine lender declared a default under the mezzanine loan as a result of the Property Owner’s default under the $28.5 million senior loan secured by a mortgage against the office building. The mezzanine lender then scheduled a public UCC foreclosure sale of the equity interests in the Property Owner for August 19, 2020. If the sale had been held, the equity interests in the Property Owner (and right to control the Property Owner and office building) would have been transferred to the successful bidder, either the mezzanine lender or a third party purchaser. Reprinted courtesy of White and Williams attorneys Steven E. Ostrow, Timothy E. Davis, Steven E. Coury and Kristen E. Andreoli Mr. Ostrow may be contacted at Mr. Davis may be contacted at Mr. Coury may be contacted at Ms. Andreoli may be contacted at Read the court decision
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    Another Reminder to ALWAYS Show up for Court

    July 20, 2020 —
    I have discussed the need to always respond to a lawsuit on multiple occasions here at Construction Law Musings. However, I keep reading cases where the defendant fails to appear either by pleading or in person. Such action is never a good idea as demonstrated once again in the case of Balfour Beatty Infrastructure, Inc. v. Precision Constr. & Mgmt. Group, LLC, a case out of the Eastern District of Virginia. The basic facts are not a surprise and are taken from the magistrates report that was adopted by the District Court. Balfour Beatty and Precision entered into a subcontract for some electrical work at a project located in Loudoun County. The subcontract included an attorney fees provision and provided for liquidated damages for late performance and the typical damages for default. The project began in July of 2016 with substantial completion July 5, 2018. Precision failed to supply sufficient manpower and sent a letter to Precision stating the same. After an agreement between the parties regarding supplementation by Balfour Beatty and to the accompanying back charge, Balfour Beatty informed Precision by letter that it would be liable for any liquidated damages. The Owner began assessing liquidated damages and Balfour Beatty subsequently terminated the subcontract and discovered defective work by Precision. Read the court decision
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    Reprinted courtesy of The Law Office of Christopher G. Hill
    Mr. Hill may be contacted at