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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

    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

    CDJ’s #3 Topic of the Year: Burch v. The Superior Court of Los Angeles County, 223 Cal.App.4th 1411 (2014)

    Colorado Court of Appeals to Rule on Arbitrability of an HOA's Construction Defect Claims

    Study Finds Mansion Tax Reduced Sales in New York and New Jersey

    Was Jury Right in Negligent Construction Case?

    Court of Appeal Shines Light on Collusive Settlement Agreements

    Delaware Strengthens Jurisdictional Defenses for Foreign Corporations Registered to Do Business in Delaware

    Coverage for Construction Defect Barred by Contractual-Liability Exclusion

    ADP Says Payrolls at Companies in U.S. Increase 200,000

    Google’s Floating Mystery Boxes Solved?

    Reports of the Death of SB800 are Greatly Exaggerated – The Court of Appeal Revives Mandatory SB800 Procedures

    Napa Quake Seen Costing Up to $4 Billion as Wineries Shut

    Nevada Supreme Court to Decide Fate of Harmon Towers

    Maintenance Issues Ignite Arguments at Indiana School

    Economic Loss Doctrine Bars Negligence Claim Against Building Company Owner, Individually

    Personal Guarantor Cannot Escape a Personal Guarantee By…

    Construction Defects and Second Buyers in Pennsylvania

    BHA at the 10th Annual Construction Law Institute, Orlando

    Flood Sublimit Applies, Seawater Corrosion to Amtrak's Equipment Not Ensuing Loss

    California Posts Nation’s Largest Gain in Construction Jobs

    Washington State May Allow Common Negligence Claims against Construction Professionals

    Buffett Says ‘No-Brainer’ to Get a Mortgage to Short Rates

    Neighbors Fight to Halt Construction after Asbestos found on Property

    Multiple Occurrences Found For Claims Against Supplier of Asbestos Products

    Maria Latest Threat to Puerto Rico After $1 Billion Irma Hit

    To Arbitrate or Not to Arbitrate? That is the Question

    Stormy Seas Ahead: 5th Circuit to Review Whether Maritime Law Applies to Offshore Service Contract

    Legislative Changes that Impact Construction 2017

    Colorado’s New Construction Defect Law Takes Effect in September: What You Need to Know

    Insurer's Denial of Coverage to Additional Insured Constitutes Bad Faith

    The Nightmare Scenario for Florida’s Coastal Homeowners

    Arbitrator May Use Own Discretion in Consolidating Construction Defect Cases

    Appropriation Bill Cuts Military Construction Spending

    Construction Industry on the Comeback, But It Won’t Be the Same

    South Carolina School District Investigated by IRS and FBI

    Steven Cvitanovic Recognized in JD Supra's 2017 Readers' Choice Awards

    S&P Suspended and Fined $80 Million in SEC, State Mortgage Bond Cases

    Home Building Mergers and Acquisitions 2014 Predictions

    Pennsylvania’s Supreme Court Limits The Scope Of A Builder’s Implied Warranty Of Habitability

    Construction Spending Drops in March

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    The Hidden Dangers of Construction Defect Litigation

    South Carolina Contractors Regain General Liability Coverage

    2015-2016 California Labor & Employment Laws Affecting Construction Industry

    Colorado Rejects Bill to Shorten Statute of Repose

    Ohio Court Finds No Coverage for Construction Defect Claims

    Construction Defects as Occurrences, Better Decided in Law than in Courts

    Feds Move To Indict NY Contractor Execs, Developer, Ex-Cuomo Aide

    District Court Allows DBE False Claims Act Case to Proceed

    Zillow Topping Realogy Shows Web Surge for Housing Market

    $24 Million Verdict Against Material Supplier Overturned Where Plaintiff Failed To Prove Supplier’s Negligence Or Breach Of Contract Caused A SB800 Violation
    Corporate Profile


    Through more than 4500 building and claims related expert witness designations, the Anaheim, California Construction Expert Directory provides a single point of reference for construction defect and claims related support to builders and construction practice groups seeking effective resolution of construction defect, scheduling, and delay matters. BHA provides construction related litigation support and expert witness services to the construction industry's most recognized companies, legal professionals, Fortune 500 builders, CGL carriers, owners, as well as a variety of state and local government agencies. In connection with regional assets which comprise licensed general and specialty contractors, consulting civil engineers, NCARB certified architects, roofing, and building envelope experts, the construction experts group brings national experience and local capabilities to Anaheim and the surrounding areas.

    Anaheim California expert witness concrete failureAnaheim California delay claim expert witnessAnaheim California roofing and waterproofing expert witnessAnaheim California structural engineering expert witnessesAnaheim California consulting general contractorAnaheim California expert witness structural engineerAnaheim California expert witness commercial buildings
    Construction Expert Witness News & Info
    Anaheim, California

    Tiny Houses Big With U.S. Owners Seeking Economic Freedom

    July 16, 2014 —
    Doug Immel recently completed his custom-built dream home, sparing no expense on details like cherry-wood floors, cathedral ceilings and stained-glass windows -- in just 164 square feet of living space including a loft. The 57-year-old schoolteacher’s tiny house near Providence, Rhode Island, cost $28,000 -- a seventh of the median price of single-family residences in his state. “I wanted to have an edge against career vagaries,” said Immel, a former real estate appraiser. A dwelling with minimal financial burden “gives you a little attitude.” He invests the money he would have spent on a mortgage and related costs in a mutual fund, halving his retirement horizon to 10 years and maybe even as soon as three. “I am infinitely happier.” Dramatic downsizing is gaining interest among Americans, gauging by increased sales of plans and ready-made homes and growing audiences for websites related to the niche. A+E Networks Corp. will air, beginning today, “Tiny House Nation” a series on FYI that “celebrates the exploding movement.” Read the court decision
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    Reprinted courtesy of Nina Glinski, Bloomberg
    Ms. Glinski may be contacted at

    Buy a House or Pay Off College? $1.2 Trillion Student Debt Heats Up in Capital

    June 11, 2014 —
    Jennifer Day spends 12 percent of her monthly take-home pay on debt that funded a master’s degree in urban and regional planning, money she’d rather be saving toward a home. “I spend $364 a month for student loans,” said Day, 33, who conducts market research for the hospitality industry at a consulting firm in New Orleans. “To me, that is a down payment or ultimately savings down the line.” Under legislation sponsored by U.S. Senator Elizabeth Warren of Massachusetts, Day would save about $75 a month on her payments. The bill, which could come up for a vote on the Senate floor as soon as tomorrow, would let 25 million borrowers with federal and private loans refinance their balances at lower interest rates, according to Education Department estimates. Read the court decision
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    Reprinted courtesy of Janet Lorin, Bloomberg
    Ms. Lorin may be contacted at

    Connecticut Grapples With Failing Concrete Foundations

    June 22, 2016 —
    Connecticut’s commissioner of consumer protection, Jonathan A. Harris, expects to issue a report this fall on the “potential cause or causes” of failing concrete foundations in northeastern Connecticut. To date, the state Dept. of Consumer Protection has 225 complaints about foundation troubles from owners of single-family houses built between 1983 and 2003. But other building types also are affected, says William F. Neal, a professional engineer who, since 2010, has examined 300 buildings in 19 towns. Read the court decision
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    Reprinted courtesy of Nadine M. Post, Engineering News-Record
    Ms. Post may be contacted at

    UK Construction Defect Suit Lost over One Word

    October 16, 2013 —
    In the UK, be careful what you tell your insurer; the Court of Appeal has upheld the legality of basis clauses. As Paul Lewis and Janetta Gibbs of Herbert Smith Freehills LLP explain, “a basis clause is a provision set out in the proposal form or in the insurance contract itself, to the effect that all or any of the answers to the questions in the proposal shall form the basis of the contract of insurance.” The catch, as they point out, is that “should any of those answers — whether material to the risk or not — prove to be untrue, the insurer may repudiate the policy and treat itself as never having been on risk.” There is a move in the UK to abolish the use of basis clauses in business insurance, but currently they are still legal. This came up in a construction defect case covering latent defects in a public housing project. The contract between the owner, Genesis Housing Association Limited, and the contractor, Time and Tide (Bedford) Ltd, required TT Bedford to indemnify Genesis if it became insolvent. In the contract with the insurer, representatives of Bedford and Genesis referred to the contractor as “TT Construction.” While the courts concluded that Bedford and Genesis were not guilty of misrepresentation or intent to defraud, they did note that neither party thought the firm’s name was “TT Construction.” Therefore, over the failure to name the builder correctly, the court found that the insurance contract was invalid. Read the court decision
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    Reprinted courtesy of

    BHA Expands Construction Experts Group

    October 28, 2011 —

    Bert L. Howe & Associates, Inc., one of the nation’s leading construction forensics firms is pleased to announce the expansion of the company’s civil and structural engineering capabilities.

    JERRY M. MILES, PE - Mr. Miles has been a licensed civil engineer in California since 1987 and has served as the lead civil engineer on many projects in several states. His experience includes contract administration services as the owner’s representative on a variety of projects including mastered planned communities, residential subdivisions, shopping centers and multi-family residential projects. He has also been involved in providing water quality management plans and storm water pollution prevention plans. Mr. Miles has also served on the Town of Apple Valley’s Building Department Dispute Resolution Board.

    His more than 26 years of engineering experience includes geotechnical evaluations, structural design of wood-framed, masonry, and concrete tilt-up buildings, small and large subdivision engineering construction/improvements plans, hydrology/hydraulic reports and design, forensic investigation and expert witness testimony. Mr. Miles has qualified as an expert in numerous jurisdictions and Federal court. He has been called upon to provide deposition testimony on more than twenty-five occasions and has successfully testified at arbitration and trial. Click here to view Mr. Miles’ Current CV.

    MATTHEW J. STIEFEL, PE - With a background that spans a multitude of design and new construction projects to catastrophic claims analysis, Mr. Stiefel brings a unique set of credentials and experience to the construction experts group at Bert L. Howe & Associates. Mr. Stiefel has more than 13 years’ experience in civil, structural, and geotechnical engineering; providing design and construction consulting services on a variety of projects that include multi-family and single family dwellings, commercial buildings, transportation facilities, industrial facilities, storm drain channels, water and wastewater pipelines. His engineering experience encompasses multiple disciplines of civil engineering including geotechnical design and evaluation, foundation design, structural design of wood-framed buildings, preparation of grading plans and site drainage analysis. He has provided cause and origin analysis for insurance adjusters on many residential and commercial sites related to issues involving moisture intrusion and mold, foundation movement, site drainage, soil movement, wind damage, and other various losses. Click here to view Mr. Stiefel’s Current CV.

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    Reprinted courtesy of

    An Upward Trend in Commercial Construction?

    March 28, 2012 —

    Year-end economic indicators demonstrate that private commercial construction may be increasing in 2012, primarily as demand grows for new projects built in the United States.

    According to an article in Businessweek, the Architecture Billings Index held at 52 in December, indicating a modest expansion in the market. The American Institute of Architects said that the commercial and industrial component of the number climbed to 54.1 in December, the highest in 10 months.

    The monthly survey of U.S.-based architecture firms is one of the main indicators of nonresidential construction, and these numbers suggest that modest improvement may be on the horizon.

    The information is confirmed by data from the Census Bureau that shows that spending on lodging, office, commercial and manufacturing buildings grew 8.2 percent in November to $9.2 billion from a year ago. These types of commercial and industrial projects are historically canaries in the mine and are usually the first part of the industry to improve as the economy expands.

    Read the full story…

    Reprinted courtesy of Melissa Dewey Brumback of Ragsdale Liggett PLLC. Ms. Brumback can be contacted at

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    North Dakota Universities Crumble as Oil Cash Pours In

    August 27, 2014 —
    North Dakota is struggling to finance deteriorating public universities even as it experiences the biggest energy boom in its history, raising concern that less prosperous states will face more serious funding challenges. Students returning this week will attend classes in buildings without adequate ventilation or fire detection systems and in historic landmarks with buckling foundations. A space crunch is making it difficult for researchers to obtain grants and putting the accreditation of several programs at risk, administrators say. “It’s embarrassing,” said North Dakota state Representative Kathy Hawken, a Republican from Fargo who sits on the higher education funding and budget committees. “We have a divided legislature on higher ed: Some think we put too much money into it and some think we don’t put enough. Buildings aren’t people, so we don’t put dollars there.” Read the court decision
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    Reprinted courtesy of Jennifer Oldham, Bloomberg
    Ms. Oldham may be contacted at

    Contractor’s Unwritten Contractual Claim Denied by Sovereign Immunity; Mandamus Does Not Help

    September 22, 2016 —
    In a very well-reasoned opinion, the Supreme Court of Georgia upheld the denial of a contractor’s unwritten-contract claim against a county based on sovereign immunity. Based on an alleged oral contract, Contractor built a sewer pumping station for the County in exchange for an interest in the station’s pumping capacity. When the County denied Contractor’s demand for an interest, he filed suit. As noted in many prior posts, the Georgia constitution reaffirms sovereign immunity of the state – which the courts interpret to include counties. One common exception in the public works area is the Constitution’s “ex contractu clause,” which waives sovereign immunity for claims based on written contracts. Of course, a precondition to the waiver of sovereign immunity is the existence of a written contract – which Contractor did not have. Applying these rules, the court affirmed the denial of Contractor’s claims based on contract and quasi contract. In the absence of a written contract, there can be no contractual claim against the County. The same rule applies for quasi-contractual claims. Read the court decision
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    Reprinted courtesy of David R. Cook, Autry, Hanrahan, Hall & Cook, LLP
    Mr. Cook may be contacted at