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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

    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

    “Positive Limiting Barriers” Are An Open and Obvious Condition, Relieving Owner of Duty to Warn

    California Imposes New Disabled Access Obligations on Commercial Property Owners

    Business Risk Exclusions (j) 5 and (j) 6 Found Ambiguous

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

    Checking the Status of your Contractor License During Contract Work is a Necessity: The Expanded “Substantial Compliance” under B&P 7031 is Here

    Economic Damages and the Right to Repair Act: You Can’t Have it Both Ways

    Insured's Jury Verdict Reversed After Improper Trial Tactics

    When an Insurer Proceeds as Subrogee, Defendants Cannot Assert Contribution Claims Against the Insured

    Ex-Construction Firm That Bought a $75m Michelangelo to Delist

    MBIA Seeks Data in $1 Billion Credit Suisse Mortgage Suit

    OSHA’s Multi-Employer Citation Policy: What Employers on Construction Sites Need to Know

    Do We Really Want Courts Deciding if Our Construction Contracts are Fair?

    San Diego Developer Strikes Out on “Disguised Taking” Claim

    Fatal Crane Collapse in Seattle Prompts Questions About Disassembly Procedures

    Washington School District Sues Construction Company Over Water Pipe Damage

    Attorney Risks Disqualification If After Receiving Presumptively Privileged Communication Fails to Notify Privilege Holder and Uses Document Pending Privilege Determination by Court

    What You Need to Know About Home Improvement Contracts

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

    New York Supreme Court Building Opening Delayed Again

    Washington Court Limits Lien Rights of Construction Managers

    Floating Crane on Job in NYC's East River Has a Storied Past of Cold War Intrigue

    EPA Issues Interpretive Statement on Application of NPDES Permit System to Releases of Pollutants to Groundwater

    Janus v. AFSCME

    Zell Says Homeownership Rate to Fall as Marriages Delayed

    Newmeyer & Dillion Ranked Fourth Among Medium Sized Companies in 2016 OCBJ Best Places to Work List

    The Sensible Resurgence of the Multigenerational Home

    Pinnacle Controls in Verano

    Distinguishing Hawaii Law, New Jersey Finds Anti-Assignment Clause Ineffective

    Pennsylvania Court Extends Construction Defect Protections to Subsequent Buyers

    Millennials Want Houses, Just Like Everybody Else

    Lenders and Post-Foreclosure Purchasers Have Standing to Make Construction Defect Claims for After-Discovered Conditions

    Wendel Rosen Attorneys Named as Fellows of the Construction Lawyers Society of America

    Business Interruption, Food Spoilage Claims Resulting from Off Premise Power Failure Denied

    Security on Large Construction Projects. The Payment Remedy You Probably Never Heard of

    Arkansas: Avoiding the "Made Whole" Doctrine Through Dépeçage

    Foundation Arbitration Doesn’t Preclude Suing Over Cracks

    Condo Buyers Seek to Void Sale over Construction Defect Lawsuit

    #9 CDJ Topic: Vallagio at Inverness Residential Condominium Association, Inc. v. Metropolitan Homes, Inc., et al.

    Solar Energy Isn’t Always Green

    Connecticut Court Holds Unresolved Coverage Issues Makes Appraisal Premature

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

    Housing Prices Up through Most of Country

    Nevada Supreme Court Rejects Class Action Status, Reducing Homes from 1000 to 71

    Bad Faith and a Partial Summary Judgment in Seattle Construction Defect Case

    House Bill Clarifies Start Point for Florida’s Statute of Repose

    Reinsurer Must Reimburse Health Care Organization for Settlement Costs

    Fraudster Sells 24-Bedroom ‘King’s Speech’ London Mansion

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

    Commercial Development Nearly Quadruples in Jacksonville Area

    Case Remanded for Application of Efficient Proximate Cause Doctrine
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    Through more than 4500 general contracting and design related expert designations, the Anaheim, California Construction Expert Directory delivers a streamlined multi-disciplinary expert retention and support solution to lawyers and construction practice groups concerned with construction defect and claims litigation. BHA provides building related trial support 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. Utilizing in house resources which include construction cost and scheduling experts, registered design professionals, forensic engineers, certified professional estimators, the firm brings regional experience and flexible capabilities to the Anaheim construction industry.

    Anaheim California reconstruction expert witnessAnaheim California fenestration expert witnessAnaheim California defective construction expertAnaheim California OSHA expert witness constructionAnaheim California construction expertsAnaheim California testifying construction expert witnessAnaheim California civil engineering expert witness
    Construction Expert Witness News & Info
    Anaheim, California

    Iconic Seattle Center Arena Roof the Only Piece to Stay in $900-Million Rebuild

    July 09, 2019 —
    The roof covering the under-construction Seattle Center Arena will remain. And it won’t move, even as contractors remake the entire arena beneath it. OVG-Seattle has started the task of remaking the city-owned structure—and the only major arena within a park in North America—into the home for the expansion NHL Seattle franchise and the start of the 2021 NHL season. Read the court decision
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    Reprinted courtesy of Tim Newcomb, ENR
    Mr. Newcomb may be contacted at

    Ahlers Cressman & Sleight Rated as One of the Top 50 in a Survey of Construction Law Firms in the United States

    July 22, 2019 —
    The magazine, Construction Executive, recently rated the top construction law firms in the United States. We are pleased to announce that our firm was rated as number one in Oregon and Alaska and number two in the state of Washington behind Perkins Coie, LLP. In its inaugural ranking, Construction Executive reached out to hundreds of law firms nationwide with a dedicated construction practice to determine who the industry leaders were. Ahlers Cressman & Sleight ranked 22nd overall in the United States among all construction law firms. This survey considered revenues from each of the law firm’s construction practices, the number of lawyers in the firm’s construction practice, the percentage of the firm’s total revenues derived from construction practice, the number of states in which the firm is licensed to practice and the year in which the construction practice was established. Read the court decision
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    Reprinted courtesy of Jonathan Schirmer, Ahlers Cressman & Sleight PLLC
    Mr. Schirmer may be contacted at

    Indiana Court of Appeals Holds That Lease Terms Bar Landlord’s Carrier From Subrogating Against Commercial Tenant

    April 03, 2019 —
    In Youell v. Cincinnati Ins. Co., 2018 Ind. App. LEXIS 497 (2018), the Court of Appeals of Indiana considered whether a landlord’s carrier could bring a subrogation claim against a commercial tenant for fire-related damages when the lease, which did not reference subrogation, explicitly required the landlord to maintain fire insurance coverage for the leased premises. The court held that subrogation was barred because the provision requiring the landlord to maintain fire insurance established an agreement to provide both parties with the benefits of insurance. The Youell case establishes that, in Indiana, if the lease explicitly states that the landlord will maintain fire casualty insurance for the building, the lease evidences an agreement by the parties to shift the risk of loss to the insurer. This agreement bars a landlord’s insurance carrier from subrogating against a commercial tenant in the event of a casualty. In 2013, the building owner, Greg Dotson, began leasing a commercial building to Robert Youell for his tire business, Best One Giant Tire, Inc. (collectively, Youell). The lease agreement required that the landlord maintain fire and extended coverage insurance on the building and the leased premises. The lease also required the tenant to purchase fire and extended coverage insurance for its personal property. The lease did not mention subrogation. Dotson obtained a property insurance policy through Cincinnati Insurance. Read the court decision
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    Reprinted courtesy of Gus Sara, White and Williams LLP
    Mr. Sara may be contacted at

    United States Supreme Court Limits Class Arbitration

    May 13, 2019 —
    On April 24, 2019, the United States Supreme Court held that the Federal Arbitration Act ("FAA") bars orders requiring class arbitration when an agreement is ambiguous about the availability of such a procedure. Lamps Plus v. Varela, 587 U.S. __ , 2019 WL 1780275, (2019). In Lamps Plus, the Court clarified a 2010 case in which it held that a court may not compel arbitration on a class-wide basis when an agreement is silent on the availability of class arbitration. Stolt-Nielsen S.A. v. Animal Feeds Int'l Corp., 559 U.S. 662, 687 (2012). In Lamps Plus, a 5-4 decision authored by Chief Justice Roberts, the Court explained that because the FAA envisions the use of traditional individualized arbitration, a party cannot be forced under the FAA to submit to class arbitration unless the parties explicitly agreed to do so. Because class arbitration does not share the benefits of traditional arbitration -- lower costs, greater efficiency and speed, and the parties' choice of a neutral -- the FAA requires more than an "ambiguous" agreement to show that the parties bound themselves to arbitrate on a class-wide basis. Unlike individualized arbitration, or even traditional class actions, class arbitration raises serious due process concerns because absent class members will have limited judicial review. Based on these critical differences between individual and class arbitration, the Court reiterated in Lamps Plus that "courts may not infer consent to participate in class arbitration absent an affirmative contractual basis for concluding that the party agreed to do so." Reprinted courtesy of Jeffrey K. Brown, Payne & Fears and Raymond J. Nhan, Payne & Fears Mr. Brown may be contacted at Mr. Nhan may be contacted at Read the court decision
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    Reprinted courtesy of

    How BIM Helps Make Buildings Safer

    July 01, 2019 —
    There are many uses for building information models that are yet to be discovered. One Finnish team collaborated with a city and fire & rescue authority to explore how BIM would help make buildings safer. “Imagine a fire inspector in a building with an AR headset. He can retrieve data from the building’s digital model and hence get an x-ray view of the pipes and cables behind the lowered ceiling.” That’s a scenario that Timo Lehtoviita pictured when we discussed the experimentation project which he led at Saimia, Saimaa University of Applied Sciences. Saimia, the city of Lappeenranta and their real estate company LATO, and the Rescue Department of South Karelia partnered in 2018 to explore the possibilities of using BIM to make buildings safer. The project, titled “Enhancing building safety using information models,” formed part of the national KIRA-digi built environment digitalization program. Read the court decision
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    Reprinted courtesy of Aarni Heiskanen, AEC Business
    Mr. Heiskanen may be contacted at

    Construction Cybercrime Is On the Rise

    May 26, 2019 —
    At the end of April, just as St. Ambrose Roman Catholic Church in Brunswick, Ohio, neared the close of a five-month-long, $5.5-million renovation, Father Bob Stec, the parish pastor, was surprised to hear that the contractor, Marous Brothers Construction, Willoughby, Ohio, had not received a $1.7- million payment. Reprinted courtesy of Tom Sawyer, Engineering News-Record and Jeff Rubenstone, Engineering News-Record Mr. Sawyer may be contacted at Mr. Rubenstone may be contacted at Read the court decision
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    Reprinted courtesy of

    Green Construction Trends Contractors Can Expect in 2019

    May 01, 2019 —
    The construction industry has come a long way since it was started building homes out of logs and sticks. Modern homes and buildings are marvels of engineering filled with wood, concrete and steel—much of which could be recycled if the building were ever torn down. Green construction is a growing field that will continue to expand in the coming year. What green construction trends can we expect to see in the coming year? Augmented and Virtual Reality Augmented reality (AR) is growing more popular every year for games and entertainment, but it also has some applications in green construction. AR and virtual reality (VR) programs, either through a headset or on a smartphone, can be used to improve collaboration between companies, allowing each company to see a virtual overlay of their stage of the project. For green and eco-friendly construction, it can be used to show how a finished product will look on undeveloped land, making it easier to judge the ecological impact of the project. The use of AR and VR in green construction is still in its infancy, though we will likely start to see more of it in 2019. Reprinted courtesy of Emily Folk, Construction Executive, a publication of Associated Builders and Contractors. All rights reserved. Read the court decision
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    Quick Note: Lis Pendens Bond When Lis Pendens Not Founded On Recorded Instrument Or Statute

    May 20, 2019 —
    If a lis pendens is recorded and the lis pendens is NOT founded on a duly recorded instrument (e.g., mortgage) or a statute (e.g., construction lien), a lis pendens bond should be recorded. The lis pendens bond should cover prospective damages associated with the wrongful / unjustified recording of a lis pendens that were suffered by the property owner. The reason being is that the lis pendens has an effect on the title to the property as long as the lis pendens is recorded. Damages could stem from a decline in the market value of the property, continued upkeep and maintenance of the property, and there may also be (and, really, should be) consideration for loss of investment return associated with the equity in that property. Read the court decision
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    Reprinted courtesy of David Adelstein, Kirwin Norris, P.A.
    Mr. Adelstein may be contacted at