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    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
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    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

    Home Building Up in Kansas City

    Construction Suit Ends with Just an Apology

    Construction Injuries Under the Privette Doctrine. An Electrifying, but Perhaps Not Particularly Shocking, Story . . .

    Settling with Some, But Not All, of the Defendants in a Construction Defect Case

    The Irresistible Urge to Build Cities From Scratch

    ADA Compliance Checklist For Your Business

    Lower Manhattan Condos Rival Midtown’s Luxury Skyscrapers

    Court Grants Summary Judgment to Insurer in HVAC Defect Case

    Making the Construction Dispute Resolution Process More Efficient and Less Expensive, Part 2

    Construction Insurance Costs for New York Schools is Going Up

    In Colorado, Repair Vendors Can Bring First-Party Bad Faith Actions For Amounts Owed From an Insurer

    Court Rules in Favor of Treasure Island Developers in Environmental Case

    Another Reason to Love Construction Mediation (Read: Why Mediation Works)

    Construction Up in United States

    Musk’s Cousins Battle Utilities to Make Solar Rooftops Cheap

    Appropriation Bill Cuts Military Construction Spending

    Mediation in the Zero Sum World of Construction

    San Diego’s NFL Stadium Dream Counts on Munis for Chargers’ Home

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    Preparing the Next Generation of Skilled Construction Workers: AGC Workforce Development Plan

    Plehat Brings Natural Environments into Design Tools

    Concurrent Causation Doctrine Applies Where Natural and Man-made Perils Combine to Create Loss

    David M. McLain, Esq. to Speak at the 2014 CLM Claims College

    Colorado Construction Defect Action Reform: HB 17-1279 Approved by Colorado Legislature; Governor’s Approval Imminent

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    Construction Job Opening Rise in October

    The ALI Restatement – What Lies Ahead?

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    Commonwealth Court Holds That Award of Attorney's Fees and Penalties is Mandatory Under the Procurement Code Upon a Finding of Bad Faith

    Alarm Cries Wolf in California Case Involving Privette Doctrine

    It’s a Bird, It’s a Plane . . . No, It’s a Drone. Long Awaited FAA Drone Regulations Finally Take Flight

    Ohio Court of Appeals Affirms Judgment in Landis v. Fannin Builders

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    Common Flood Insurance Myths and how Agents can Debunk Them

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    Do You Really Want Mandatory Arbitration in Your Construction Contract?

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    Bremer Whyte Congratulates Nicole Nuzzo on OCBA Professionalism and Ethics Committee Appointment

    Insurance Law Alert: Incorporation of Defective Work Does Not Result in Covered Property Damage in California Construction Claims

    Contractors and Force Majeure: Contractual Protection from Hurricanes and Severe Weather

    Construction Spending Highest Since April 2009

    Axa Buys London Pinnacle Site for Redesigned Skyscraper

    Additional Insured Not Entitled to Coverage for Post-Completion Defects

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    Toll Brothers Faces Construction Defect Lawsuit in New Jersey

    'Perfect Storm' Caused Fractures at San Francisco Transit Hub

    Obama Says Keystone Decision May Be Announced in Weeks or Months
    Corporate Profile

    ANAHEIM CALIFORNIA CONSTRUCTION EXPERT WITNESS
    DIRECTORY AND CAPABILITIES

    Through more than 4500 building and construction related expert designations, the Anaheim, California Construction Expert Directory provides 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 building related litigation support and expert witness services to the construction industry's leading builders and developers, legal professionals, and owners, as well as a variety of state and local government agencies. Utilizing in house resources which include design experts, civil / structural engineers, ICC Certified Inspectors, ASPE certified professional estimators, the firm brings national experience and local capabilities to Anaheim and the surrounding areas.

    Anaheim California construction expert testimonyAnaheim California defective construction expertAnaheim California eifs expert witnessAnaheim California construction forensic expert witnessAnaheim California construction claims expert witnessAnaheim California roofing and waterproofing expert witnessAnaheim California building consultant expert
    Construction Expert Witness News & Info
    Anaheim, California

    How a Robot-Built Habitat on Mars Could Change Construction on Earth

    October 14, 2019 —
    According to a 2018 report by the International Energy Agency and UN Environment, the global construction industry is responsible for 39% of energy-related carbon-dioxide emissions. That is a huge, scary number—but one that comes with an equally large opportunity to mitigate climate change. The 2015 Paris climate talks revealed that by using existing technology, construction could cut global carbon emissions by up to a third. Read the court decision
    Read the full story...
    Reprinted courtesy of Drew Turney, ENR
    ENR may be contacted at ENR.com@bnpmedia.com

    Major Change to Residential Landlord Tenant Law

    July 15, 2019 —
    Governor Inslee has just signed SB 5600 which results in major changes to the Residential Landlord-Tenant Act (RCW 59.18) regarding the eviction process of residential tenants. The changes do not apply to non-residential tenancies which are still governed by RCW 59.12. The new law includes additional protections for tenants and limits the ability of landlords to evict tenants or recover costs for legal proceedings. It also grants judges substantial discretion in eviction hearings whereas judges were previously bound by the express terms of the statute. The major changes to the law are listed below:
    • A landlord must provide a tenant 14 days’ notice instead of three days’ notice in order to cure default in the payment of overdue rent. The Attorney General’s Office will create a uniform 14-day notice to pay and vacate default form.
    • Landlords must first apply any payment by a tenant to the rent amount before applying it towards other charges, including fees or other costs.
    Read the court decision
    Read the full story...
    Reprinted courtesy of Lawrence S. Glosser, Ahlers Cressman & Sleight PLLC
    Mr. Glosser may be contacted at larry.glosser@acslawyers.com

    90 and 150: Two Numbers You Must Know

    July 22, 2019 —
    Mechanic’s liens are a big topic here at Construction Law Musings. I’ve discussed everything from the picky nature of this powerful payment tool to the changes that are upcoming on July 1, 2019. Given the strict way that the form and timing of a Virginia mechanic’s lien is so critical, I thought a quick reminder was in order. Two numbers that are critical to the timing and content of any mechanic’s lien are 90 and 150, both found in Va. Code 43-4. 90 days is the time from the last date of work (not invoicing), or last date of the last month in which work was done given proper circumstances. The 90 days prescibes the time during which a contractor can properly record a valid lien. This is a hard deadline and is 90 days, not three months. Miss this deadline and no matter what the type of payment that has not been made (something discussed below), the contractor will lose its lien rights. This is the easier of the two numbers to both understand and apply. Count 90 days from last non-corrective or warranty work and that is your hard out for filing. Read the court decision
    Read the full story...
    Reprinted courtesy of The Law Office of Christopher G. Hill
    Mr. Hill may be contacted at chrisghill@constructionlawva.com

    DC Circuit Upholds EPA’s Latest RCRA Recycling Rule

    September 23, 2019 —
    On July 2, 2019, the U.S. Court of Appeals for the District of Columbia Circuit decided the case of California Communities Against Toxics, et al. v. EPA. In this decision, the court rejected the latest petition to strike or vacate EPA’s 2018 revisions to the Resource Conservation and Recovery Act (RCRA) hazardous waste recycling rules. In 1985, EPA promulgated a new regulatory definition of “solid waste,” which is the linchpin of the agency’s very stringent hazardous waste management rules. (See the rules located at 40 CFR Sections 260-268.) Unless a material is a “solid waste” as defined by the rules, it cannot also be a hazardous waste. The 1985 rules grappled with the challenges posed by recycling practices, and attempted to distinguish between legitimate recycling which is not subject to hazardous waste regulation, and other more suspect forms of recycling. The rules are complex and replete with nuance. In doing so, EPA was adhering to RCRA’s statutory mandate that it develop appropriate rules to govern the treatment, storage and disposal of hazardous waste, while also promoting “properly conducted recycling and reuse.” The DC Circuit reviewed the 1985 rules in the seminal case of American Mining Congress v EPA, 824 F.2d 1177 (1987), (AMC) and stressed that only those materials that were truly discarded could be regulated as solid waste; for instance, those materials that were destined for immediate recycling or recovery in an ongoing production process were not discarded and hence were not solid waste. Over the years, the court has struggled to clarify the basic holding of AMC in numerous cases while EPA has frequently revised and amended the RCRA rules, and in particular the definition of solid waste, in an attempt to balance the policies mandated by the statute. Read the court decision
    Read the full story...
    Reprinted courtesy of Anthony B. Cavender, Pillsbury
    Mr. Cavender may be contacted at anthony.cavender@pillsburylaw.com

    Think Twice About Depreciating Repair Costs in Our State, says the Tennessee Supreme Court

    July 09, 2019 —
    Tennessee’s Supreme Court recently held that an insurer may not withhold repair labor costs as depreciation when the policy definition of actual cash value is found to be ambiguous. Tennessee joins other states like California and Vermont that prohibit the depreciation of repair labor costs in property policies. In Lammert v. Auto-Owners (Mut.) Ins. Co., No. M201702546SCR23CV, 2019 WL 1592687, the Lammerts and other insureds sought property damage coverage from Auto Owners Insurance for hail damage to a home and other structures they owned in Tennessee. Auto-Owners Insurance agreed to settle the claims on an actual cash value basis (ACV), which is a method of establishing the value of insured property that must be replaced to determine the indemnity by the insurer. There are multiple methods to calculate ACV. Auto-Owners decided to use the ACV calculation method of deducting depreciation from the cost to repair or replace the damaged property. Depreciation is the decline in value of a property since it was new because of use, age or wear. The rationale behind this method is that an insured should not make a profit by recovering the cost of, for example, a new roof for a damaged roof that was ten years old, and thus depreciation is deducted from the indemnity. Read the court decision
    Read the full story...
    Reprinted courtesy of Andres Avila, Saxe Doernberger & Vita, P.C.
    Mr. Avila may be contacted at ara@sdvlaw.com

    2019 Legislative Changes Affecting the Construction Industry

    July 09, 2019 —
    The 2019 Florida Legislative Session recently concluded and a number of important construction-related House Bills (HB) and Senate Bills (SB) were presented during the Session. Below is a summary of those construction-related bills set to become law in 2019. Bills Becoming Law in 2019 HB 1247: Relating to Construction Bonds. This bill passed both the House and the Senate and is awaiting the Governor’s signature. Once the Governor has approved the bill it becomes effective as of October 1, 2019. This bill addresses how to properly perfect a claim against a contractor’s payment bond. (1) The Notice of Nonpayment that must be served on the contractor and the surety, must be made under oath and include the following provisions: The nature of the labor or services performed or to be performed; The materials furnished or to be furnished; The amount paid on the account; and if known, the amount owed and the amount to become due. A Notice of Nonpayment that includes the sums for retainage must specify the portion of the amount claimed for retainage. (2) A subcontractor, laborer, or material supplier (claimant) who files a fraudulent Notice of Nonpayment loses their rights under the bond. The filing of a fraudulent notice is a complete defense to claimant’s claim against the bond. A notice is fraudulent if the claimant willfully exaggerated the amount due, willfully included a claim for work not performed or materials not furnished or prepared the notice with willful and gross negligence, which resulted in willful exaggeration. However, a minor mistake in the notice, or a good faith dispute as to the amount due, is not considered fraudulent. Please note that this provision mirrors the existing statute relative to a fraudulent lien. Read the court decision
    Read the full story...
    Reprinted courtesy of Melinda S. Gentile, Peckar & Abramson, P.C.
    Ms. Gentile may be contacted at mgentile@pecklaw.com

    “I Didn’t Sign That!” – Applicability of Waivers of Subrogation to Non-Signatory Third Parties

    September 30, 2019 —
    In Gables Construction v. Red Coats, 2019 Md. App. LEXIS 419, Maryland’s Court of Special Appeals considered whether a contractual waiver of subrogation in the prime contract for a construction project barred a third party – a fire watch vendor hired to guard the worksite – from pursuing a contribution claim against the general contractor. The court concluded that the general contractor could not rely on the waiver of subrogation clause to defeat the contribution claim of the vendor, who was not a party to the prime contract. As noted by the court, holding that a waiver of subrogation clause bars the contribution claims of an entity that was not a party to the contract would violate the intent of the Maryland Uniform Contribution Among Tortfeasors Act (UCATA). When dealing with claims involving construction projects, there may exist multiple contracts between various parties that contain waivers of subrogation. The enforceability of such waivers can be limited by several factors, including the jurisdiction of the loss, the language of the waiver and the parties to the contract. In Gables Construction, Upper Rock, Inc. (Upper Rock), the owner, contracted with a general contractor, Gables Construction (GCI) (hereinafter referred to as the “prime contract”), to construct an apartment complex. After someone stole a bobcat tractor from the jobsite, Gables Residential Services Incorporated (GRSI), GCI’s parent company, signed a vendor services agreement (VSA) with Red Coats to provide a fire watch and other security services for the project. Read the court decision
    Read the full story...
    Reprinted courtesy of Rahul Gogineni, White and Williams LLP
    Mr. Gogineni may be contacted at goginenir@whiteandwilliams.com

    Florida’s Citizens Property Insurance May Be Immune From Bad Faith, But Is Not Immune From Consequential Damages

    July 15, 2019 —
    A coverage dispute arising as a result of property damage from Hurricane Frances, which occurred in 2004, will continue following a Florida appellate court decision in an action brought against Citizens Property Insurance Corp. The insureds, Manor House, LLC, Ocean View, LLC, and Merrit, LLC, presented a claim to Citizens for damage sustained at nine apartment buildings as a result of Hurricane Florence. After payments for a portion of the property damage were sustained, Citizens continued to dispute the full amount due. Meanwhile, the insureds suffered lost rental income because of the delay. Ultimately, the insureds filed suit against Citizens alleging, among other things, breach of contract and fraud, and sought to recover extra-contractual damages for loss of rental income due to the delay in adjusting and repairing the damaged property. The trial court granted Citizens’ motion for partial summary judgment on several issues, including Citizens’ motion for partial summary judgment regarding appraiser and umpire fees; motion for partial summary judgment to prevent the insureds from pursuing a claim for extra-contractual, consequential damages; and motion for judgment on the pleadings on the insured’s claim for fraud. Reprinted courtesy of Hunton Andrews Kurth attorneys Michael S. Levine, Andrea DeField and Daniel Hentschel Mr. Levine may be contacted at mlevine@HuntonAK.com Ms. DeField may be contacted at adefield@HuntonAK.com Mr. Hentschel may be contacted at dhentschel@HuntonAK.com Read the court decision
    Read the full story...
    Reprinted courtesy of