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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
    Local # 0532
    44404 16th St W Suite 107
    Lancaster, CA 93535

    Construction Expert Witness News and Information
    For Anaheim California

    Port Authority Reaches Deal on Silverstein 3 World Trade

    New York Converting Unlikely Buildings into Condominiums

    Texas Couple Claim Many Construction Defects in Home

    Exclusions Bar Coverage for Damage Caused by Chinese Drywall

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

    Brazil's Success at Hosting World Cup Bodes Well for Olympics

    Parking Garage Collapse May Be Due to Construction Defect

    Ohio Condo Development Case Filed in 2011 is Scheduled for Trial

    NY Court Holds Excess Liability Coverage Could Never be Triggered Where Employers’ Liability Policy Provided Unlimited Insurance Coverage

    Endorsements Do Not Exclude Coverage for Wrongful Death Claim

    Construction Insurance Rates Up in the United States

    Attorneys' Fees Awarded as Part of "Damages Because of Property Damage"

    Why Insurers and Their Attorneys Need to Pay Close Attention to Their Discovery Burden in Washington

    San Diego County Considering Updates to Green Building Code

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    Court Calls Lease-Leaseback Project What it is: A Design-Bid-Build Project

    Amid the Chaos, Trump Signs Executive Order Streamlining Environmental Permitting and Disbands Infrastructure Council

    Insurer's Daubert Challenge to Insured's Expert Partially Successful

    Harsh New Time Limits on Construction Defect Claims

    Builders Beware: A New Class Of Defendants In Asbestos Lawsuits

    7 Areas where Technology is Shifting the Construction Business

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    Shifting Fees and Costs in Nevada Construction Defect Cases

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    DEP Plan to Deal with Noxious Landfill Fumes Met with Criticism

    What To Do When the Government is Slow to Decide a Claim?

    A License to Sue: Appellate Court Upholds Condition of Statute that a Contracting Party Must Hold a Valid Contractor’s License to Pursue Action for Recovery of Payment for Contracting Services

    Developer Transition – Washington DC Condominiums

    Property Insurance Exclusion for Constant or Repeated Leakage of Water

    Digital Twins – Interview with Cristina Savian

    Celebrities Lose Case in Construction Defect Arbitration

    No Duty To Defend Additional Insured When Bodily Injury Not Caused by Insured

    Philadelphia Revises Realty Transfer Tax Treatment of Acquired Real Estate Companies
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    Through more than 4500 construction and design related expert designations, the Anaheim, California Construction Expert Directory offers a wide range of trial support and construction consulting services to legal professionals and construction practice groups concerned with construction defect and claims matters. BHA provides construction related litigation support and expert witness services to the building industry's most recognized companies, Fortune 500 builders, CGL carriers, risk managers, and a variety of municipalities. Employing in house resources which comprise building envelope experts, forensic architects, professional engineers, credentialed construction standard of care consultants, the firm brings regional experience and flexible capabilities to the Anaheim construction industry.

    Anaheim California window expert witnessAnaheim California forensic architectAnaheim California construction scheduling and change order evaluation expert witnessAnaheim California architecture expert witnessAnaheim California consulting general contractorAnaheim California construction claims expert witnessAnaheim California building code compliance expert witness
    Construction Expert Witness News & Info
    Anaheim, California

    Florida Court of Appeals Rejects Insurer’s Attempt to Intervene in Underlying Lawsuit to Submit Special Interrogatories

    October 09, 2018 —
    On August 10, 2018, the Florida Court of Appeals for the Second District upheld a trial court’s dismissal of an insurance company’s intervention in a tort lawsuit brought against its insured for the purposes of submitting special interrogatories and verdict forms. In Houston Specialty Ins. Co. v. Vaughn, 2018 Fla. App. LEXIS 11197, 2018 WL 3795785 (Fla. 2d DCA Aug. 10, 2018), the insured, All Florida Weatherproofing and Construction, Inc. (“All Florida”) provided pressure washing, roof coating, and other roof-related services. Houston Specialty issued a general liability policy to All Florida. In 2012, a worker fell off a roof while applying protective coating on behalf of All Florida. The worker and his family sued All Florida in connection with the worker’s injuries. Read the court decision
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    Reprinted courtesy of Jeremy Macklin, Traub Lieberman Straus & Shrewsberry LLP
    Mr. Macklin may be contacted at

    Governor Signs Permit Extension Bill Extending Permit Deadlines to One Year

    October 23, 2018 —
    It’s like that feeling you got when your teacher said you have another week to complete your group project. On September 21, 2018, Governor Brown signed AB 2913, which, for the first time, provides a uniform 12-month period across the state for work to commence before a building permit expires. Previously, the period was six months. In addition to doubling the expiration period, the statute includes a “justifiable cause” provision permitting local building departments to extend the time for one or more additional periods of not more than 180 days per extension upon written demonstration of “justifiable cause for the extension.” Read the court decision
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    Reprinted courtesy of Garret Murai, Wendel, Rosen, Black & Dean LLP
    Mr. Murai may be contacted at

    New York Court Holds Radioactive Materials Exclusion Precludes E&O Coverage for Negligent Phase I Report

    October 30, 2018 —
    In its recent decision in Merritt Environmental Consulting Corp. v. Great Divide Ins. Co., 2018 U.S. Dist. LEXIS 175527 (E.D.N.Y. Oct. 10, 2018), the United States District Court for the Eastern District of New York had occasion to consider the application of a radioactive materials exclusion in a professional liability policy. Great Divide’s insured, Merritt Environmental, was hired as an environmental consultant by a bank in connection with a mortgage refinance of a property located in Westchester County, New York. Merritt’s responsibility was to prepare a Phase I environmental report concerning the property, which the bank ultimately relied on in agreeing to the refinance. It was later claimed, however, that Merritt’s report failed to document the full extent of the property’s radium and uranium contamination resulting from its use in the Manhattan Project. Merritt was named in two separate lawsuits as a result of its allegedly faulty report, including one by the bank alleging that Merritt negligently prepared its report. Read the court decision
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    Reprinted courtesy of Brian Margolies, Traub Lieberman Straus & Shrewsberry LLP
    Mr. Margolies may be contacted at

    New York Appellate Court Expands Policyholders’ Ability to Plead and Seek Consequential Damages

    February 27, 2019 —
    In a huge win for policyholders, a New York appellate court, in D.K. Property, Inc. v National Union Fire Insurance Company of Pittsburgh, Pa., held that an insured need not provide a detailed factual description or explanation for why consequential damages are recoverable at the pleading stage. Rather, an insured’s complaint must only (i) specify the types of consequential damages claimed; and (ii) allege that those damages reasonably were contemplated by the parties prior to contracting. Here, D.K. Property’s building was damaged as a result of construction on an adjoining building, and it timely filed a claim with National Union under a policy that covers “direct physical loss or damage to” the building. National Union neither paid the claim nor disclaimed coverage. Instead, according to D.K. Property, National Union made unreasonable and increasingly burdensome information demands over a three-year period, which it alleges was a “tactic” to make pursuing the claim so expensive that D.K. Property would abandon the claim. As a result of the delay, D.K. Property alleges the structural damage to its building has worsened. Reprinted courtesy of Michael S. Levine, Hunton Andrews Kurth and Joshua S. Paster, Hunton Andrews Kurth Mr. Levine may be contacted at Mr. Paster may be contacted at Read the court decision
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    Reprinted courtesy of

    7 Areas where Technology is Shifting the Construction Business

    November 21, 2018 —
    The digital transformation of the last two decades has taken hold of the business environment in a powerful way. Companies in nearly all sectors are experiencing a significant shift in the way business is done, with a heavy focus on improved productivity, increase profitability, and enhanced product and service offerings. The construction industry has been historically slow to update its processes and business models in-line with other industries, but technology is currently making its long-awaited appearance in the sector. Construction professionals can embrace these new solutions to run more efficient businesses and keep a closer eye on profitability by reducing common costs over time. These are the seven major areas where technology is changing construction. 1 - Business Management One of the most apparent shifts taking place in the construction industry thanks to technology is the advancement of business processes and systems behind the scenes. Construction managers and job site owners have countless digital tools at their fingertips to help with managing all aspects of the business. This includes more efficient ways to manage material use and equipment inventory, logging subcontractor hours and pay, and maintaining reporting requirements from regulatory perspectives. Many software solutions integrate with older, legacy systems, making this change an easy one for construction businesses across the board. 2 – Jobsite Productivity Another area of transformation in construction is productivity on each job site. Technology has offered job owners and general contractors more efficient methods to keep track of project timelines as well as subcontractor progress from start to finish. The technology advancements in this arena come in the form of wearable devices that track work performed, as well as mobile devices that help keep the often mundane tasks necessary for a project’s success up to date and completed on time. 3 – Worker Safety Although wearables are being utilized in several different ways in the construction business, these devices are making a significant difference in the safety of workers. From smart helmets to digitally enhanced eyewear, workers are alerted to potential hazards on the job that they otherwise could not identify. Similarly, augmented and virtual reality solutions are being used to train workers before they arrive at a job, preparing them for safety concerns well in advance. Even though most licensed and bonded construction workers have appropriate training throughout their careers, the addition of these resources has the ability to further reduce the risks often associated with construction work. 4 – Surveying and Monitoring Unmanned aerial vehicles, also known as drones, are being used throughout construction. These digital tools are equipped with cameras to offer a bird’s eye view of a construction site to help with surveying and identifying potential hazards for workers. Drones also help with inspections throughout a project’s progression, offering some reduction in cost and improving efficiencies. 5 – Improved Materials Technology is also playing a role in the materials used on job sites. The addition of 3D printing has proven beneficial for construction companies, as concrete composites, plastics, and other materials are being printed and used to create structures on-site. This offers a more cost-effective and accurate way to complete a project. 6 – Self-operating Equipment Some technology firms are making waves in the construction industry because they are currently developing and implementing autonomous equipment solutions. Heavy machinery, like excavators, bricklayers, and bulldozers, are already being used on construction sites to help ease the burden of the labor shortage in the industry. While these machines are not yet mainstream, the benefits they offer mean they are likely to become a staple in construction in the years to come. 7 – Big Data Finally, technology is shifting the construction business by way of big data analytics. With the detailed information from new software solutions, wearable tech, and drones, construction site managers have more data than they have ever had. This influx of information offers a way to analyze job site progress, budgets, timelines, and efficiency for companies large and small. Author: Eric Weisbrot is the Chief Marketing Officer of JW Surety Bonds. With years of experience in the surety industry under several different roles within the company, he is also a contributing author to the surety bond blog. Read the court decision
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    Reprinted courtesy of

    Federal Lawsuit Accuses MOX Contractors of Fraud

    March 04, 2019 —
    A subcontractor employee working on the now-canceled MOX project in South Carolina used football tickets, automobile tires, barbecue grills and other gifts to persuade employees of CB&I AREVA MOX Services and other vendors to help approve thousands of fraudulent invoices cumulatively valued at more than $6.4 million, according to a Dept. of Justice lawsuit filed Feb. 14 that names both companies as defendants. The controversial project at the Savannah River Site in Aiken, S.C., originally scheduled for completion in 2016, was canceled in January after cost and schedule estimates increased significantly. Read the court decision
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    Reprinted courtesy of Scott Judy, ENR
    Mr. Judy may be contacted at

    Massachusetts Roofer Killed in Nine-story Fall

    January 08, 2019 —
    A 41-year-old roofer from Haverhill, Mass. fell through a roof hole nine stories to his death on Dec. 18 while working on an apartment building project in Haverhill, a city north of Boston. Read the court decision
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    Reprinted courtesy of Johanna Knapschaefer, ENR
    ENR may be contacted at

    Bond Principal Necessary on a Mechanic’s Lien Claim

    October 23, 2018 —
    As anyone that reads this construction law blog knows, mechanic’s liens are a big part of the Virginia landscape for a construction attorney like me. One option for dealing with a mechanic’s lien here in Virginia that we have not discussed but so often is the ability to “bond off” a lien. In short, the Virginia statute allows a party to essentially substitute a bond valued at a court set multiple of the principal amount of the mechanic’s lien for the memorandum. In exchange, the lien is released of record. Any enforcement action can still proceed with security for the claimant and the property owner feeling better about things because there will be no lien on the title to the land. In many ways this process provides an easier path to resolution for both owner and claimant. First of all, the claimant does not have to deal with a bank or other interest holders in the property (though a recent case discussed below reminds us that certain other parties are necessary). Second of all, the owner does not have the cloud on the title of a mechanic’s lien that may have been filed by a subcontractor over which he has no control. Read the court decision
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    Reprinted courtesy of Christopher G. Hill, The Law Office of Christopher G. Hill
    Mr. Hill may be contacted at