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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:

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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

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    Corporate Profile


    Leveraging from approximately 5000 construction claims related expert witness designations, the Anaheim, California Construction Expert Directory provides a wide range of trial support and construction consulting services to builders and construction practice groups seeking effective resolution of construction defect, scheduling, and delay matters. BHA provides construction claims evaluation and expert support services to the nation's most recognized construction practice groups, Fortune 500 builders, CGL carriers, owners, as well as a variety of public entities. In connection with in house assets comprising licensed general and specialty contractors, consulting civil engineers, NCARB certified architects, roofing, and building envelope experts, the firm brings regional experience and flexible capabilities to the Anaheim construction industry.

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    Construction Expert Witness News & Info
    Anaheim, California

    OSHA Finalizes Rule on Crane Operator Qualification and Certification

    April 10, 2019 —
    The Occupational Safety and Health Administration has finalized its long-awaited approach to crane operator qualification and certification. The rule, which has followed a tortuous road to completion, ends the agency’s multi-year effort to conclude its update of safety requirements related to crane and derrick use in construction. The rule establishes a three-pronged approach to ensuring that crane operators can safely operate cranes:
    1. operator training for employees not yet certified to operate cranes;
    2. operator certification via four different permissible options; and
    3. employer evaluation of certified operators.
    Construction employers with employees who operate cranes should assess their training, certification and evaluation programs now to ensure they are fully compliant with the new rule. Reprinted courtesy of Bradford T. Hammock, Construction Executive, a publication of Associated Builders and Contractors. All rights reserved. Read the court decision
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    Reprinted courtesy of

    You’re Only as Good as Those with Whom You Contract

    April 17, 2019 —
    I have been beating the drum of the need to have a solid construction contract as the basis for your construction project and contractor/subcontractor/supplier relationships. I have also emphasized that communication early and often is one of the best ways to assure a smooth project. However, the sad truth is that even with the best contract drafted with the assistance of an experienced construction attorney, if the other party to the contract simply decides not to perform, whether that is through unjustified non-payment or simple refusal to complete a scope of work without reason, it will be an expensive proposition to force compliance or be compensated for the monetary damage caused by such actions. It is this often unmentioned truth relating to any contract, including those that construction professionals in Virginia deal with on a daily basis, that makes having a good knowledge of those with whom you plan to contract is key to a successful (read profitable) construction project. Of course be sure that any contractor or subcontractor you contract with has the basics of propoer insurance, the right experience and of course a contractor’s license with the proper specialty or specialties. These basics will get you most of the way to assuring that those that contract with you at least are responsible in business. Another key component, if you can find this information out, is the financial wherwithall of the other party. For a General Contractor, this means both sides of the equation: Owner and Subcontractors. For a Subcontractor, the key is the Contractor, but any other information you can get on the Owner is helpful (though this can be difficult) particularly in the face of a “pay if paid” clause. Read the court decision
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    Reprinted courtesy of The Law Office of Christopher G. Hill
    Mr. Hill may be contacted at

    Ninth Circuit Finds Policy’s Definition of “Policy Period” Fatal to Insurer’s “Related Claims” Argument

    April 10, 2019 —
    Professional liability policies often include some form of a “related claims” or “related acts” provision stating that if more than one claim results from a single wrongful act, or a series of related wrongful acts, such claims will be treated as a single claim and deemed first made during the policy period in which the earliest claim was made. These provisions can have significant implications on the applicable policy and policy limits, retroactive date issues, and whether such claims were first made and reported during a particular policy period. Recently, the Ninth Circuit issued a stern reminder of how the particular policy language can effect, and in this case thwart, the intended scope of the carrier’s “related claims” provision. In Attorneys Ins. Mut. Risk Retention Grp., Inc. v. Liberty Surplus Ins. Corp., 2019 WL 643442 (9th Cir. Feb. 15, 2019), the Ninth Circuit construed a “related claims” provision included in two consecutive lawyers professional liability policies. During both the 2009–2010 and 2010–2011 insurance policy periods, attorney J. Wayne Allen (“Allen”) was insured through his employer by Liberty Surplus Insurance Corporation’s (“Liberty”) professional liability insurance. Third parties filed suit against Allen during the 2009–2010 policy period in a probate case, and a second, related civil suit during the 2010–2011 policy period. Read the court decision
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    Reprinted courtesy of Jason M. Taylor, Traub Lieberman
    Mr. Taylor may be contacted at

    Unqualified Threat to Picket a Neutral is Unfair Labor Practice

    January 08, 2019 —
    On December 27, 2018, the National Labor Relations Board enforced a decades old policy that a union’s unqualified threat to picket a neutral employer at a “common situs” a/k/a a construction site is a violation of the National Labor Relations Act. Background The case involved area standards picketing by the IBEW of a project owned by the Las Vegas Convention and Visitors Authority (LVCVA). The IBEW sent a letter to various affiliated unions who were working on the project advising them of its intent to engage in area standards picketing at the project directed to the merit shop electrical subcontractor performing work there. The IBEW also sent a copy of the letter to the LVCVA. Read the court decision
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    Reprinted courtesy of Wally Zimolong, Zimolong LLC
    Mr. Zimolong may be contacted at

    eRent: Construction Efficiency Using Principles of the Sharing Economy

    November 06, 2018 —
    eRent has developed a digital equipment management portal for construction equipment. At the very heart of the concept lies the resource efficiency that can be achieved using principles of the sharing economy. Olli Aaltonen, CEO of eRent Solutions, is confident about the platform his company has created: “Besides offering a digital solution to a rather inefficient workflow in the construction business, we are also introducing a way to track and manage your construction equipment, whether it is owned, rented, or leased. The cost savings are obvious we believe our tracking feature brings our customers even more value.” Read the court decision
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    Reprinted courtesy of Aarni Heiskanen, AEC Business
    Mr. Heiskanen may be contacted at

    When is a “Willful” Violation Willful (or Not) Under California’s Contractor Enforcement Statutes?

    April 17, 2019 —
    The enforcement statutes applicable to the California Contractors’ State License Board aren’t exactly models in clarity. A few examples: 1. Business and Professions Code Section 7107: Abandonment without legal excuse of any construction project or operation engaged in or undertaken by the license as a contractor constitutes a cause for disciplinary action. 2. Business and Professions Code Section 7109: A willful departure in any material respect from accepted trade standards for good and workmanlike construction constitutes a cause for disciplinary action, unless the departure was in accordance with plans and specifications prepared by or under the direct supervision of an architect. 3. Business and Professions Code Section 7110: Willful or deliberate disregard and violation of the building laws of the state, or any political subdivision thereof, . . . or of the safety or labor laws or compensation insurance laws or Unemployment Insurance Code of the State, or of the Subletting and Subcontracting Fair Practice Act, or violation by any licensee of any provision of the Health and Safety Code or Water Code, relating to the digging, boring, or drilling of water wells, constitutes a cause for disciplinary action. Read the court decision
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    Reprinted courtesy of Garret Murai, Wendel Rosen
    Mr. Murai may be contacted at

    What to do When the Worst Happens: Responding to a Cybersecurity Breach

    November 21, 2018 —
    Cybersecurity is a growing concern for today's businesses. While it's always advisable to take whatever action possible to avoid a cybersecurity breach, no security measures can be one hundred percent perfect, and malicious actors are always innovating and trying to find new security flaws. The implementation of new technology brings with it new opportunities, but also potentially new vulnerabilities. And hackers have one major advantage – those working to defend against cyber-attacks have to try to find and fix every potential exploit, whereas those on the other side only need to find one. As demonstrated by recent high-profile breaches at Google and Facebook, even massive tech companies with access to vast financial resources and top engineering talent can still fall prey to cyber-attacks. Therefore, understanding how to respond to a breach is just as critical to a company's cybersecurity plan as attempting to prevent one. Below are a few solid tips on how to react when an organization's cybersecurity has been compromised. Plan in Advance The best response to a cybersecurity breach begins before the breach ever happens. A written incident response plan is of paramount importance. In the immediate aftermath of a cybersecurity breach, people will be scared and stressed. In those circumstances, they will be more likely to be able to respond effectively if there is a plan laid out for them and they have received training on how to follow that plan. Make sure that employees are trained on the parts of the plan that are relevant to them. Most may only need to know who to report to if they suspect a breach may have occurred, while those who will be involved in the breach response will need more in-depth training. The plan should also be updated regularly to account for staffing changes, new technology, and the evolving legal landscape. The law may also require a plan for responding to cybersecurity breaches, depending on the jurisdiction. Call Your Lawyer- Early and Often At the risk of sounding self-aggrandizing, attorneys are critical in responding to a cybersecurity breach. The most obvious reason is to advise clients on their legal obligations and potential liability – and this is indeed an important function. The patchwork of federal and state regulations governing cybersecurity is something laypeople – and even non-specialized attorneys – should navigate with caution. Of equal importance is the preservation of confidential communication under the attorney-client privilege. The presence of an attorney helps to improve the security of information surrounding the response to the breach because correspondence with that attorney is privileged, allowing candid evaluation of the breach. The ability to assert attorney-client privilege regarding an internal investigation and response can be quite useful in the event of a later external investigation or litigation. To Disclose or Not to Disclose? An important question that needs to be asked in the wake of a cybersecurity breach is whether the incident must be disclosed, and if so, when, how, and to whom should such disclosures be made? While many understandably wish that their mistakes and failures will never see the light of day, there are also many people who will want to know when a company's cybersecurity has been breached. Shareholders want to know – and may have a right to know – if such a breach has harmed the business. Consumers want to know if their personal information has been compromised so that they can protect against identity theft. Furthermore, state breach notification laws may mandate certain disclosures to consumers depending on facts surrounding the breach. Legal requirements from states, the federal government, and even foreign entities may also require companies to provide notices to one or more regulatory agencies. An attorney can advise on whether a company is legally required to provide any notice in the aftermath of a data breach, but even though notice may not be a legal requirement in a particular set of circumstances, it may still be prudent to give it anyway. Google decided not to disclose the recent breach of data from its Google+ service to avoid a PR and regulatory backlash, but the fact that it had happened eventually leaked out anyway. Even though legal experts have opined in the aftermath that Google likely was not obligated to disclose the breach, the fact that it did not caused exactly what Google attempted to avoid, but with magnified effect. "Google Experiences Consumer Data Breach" may not have been a good headline, but "Google Hides Consumer Data Breach" was a worse one. Remember: Protection Is Key No company wants a cybersecurity breach, but past experience has increasingly demonstrated that this is not a question of "if" but rather one of "when" and "how bad." Planning ahead and knowing what to do when a data breach does happen can ensure that an organization bounces back from a breach as smoothly and painlessly as possible. Scott Satkin and Kyle Janecek are associates in the Cybersecurity group of Newmeyer & Dillion. Focused on helping clients navigate the legal dispute implications of cybersecurity, they advise businesses on implementing and adopting proactive measures to prevent and neutralize cybersecurity threats. For questions on how they can help, contact Scott at and Kyle at About Newmeyer & Dillion For more than 30 years, Newmeyer & Dillion has delivered creative and outstanding legal solutions and trial results for a wide array of clients. With over 70 attorneys practicing in all aspects of cybersecurity, business, employment, real estate, construction and insurance law, Newmeyer & Dillion delivers legal services tailored to meet each client's needs. Headquartered in Newport Beach, California, with offices in Walnut Creek, California and Las Vegas, Nevada, Newmeyer & Dillion attorneys are recognized by The Best Lawyers in America© and Super Lawyers as top tier and some of the best lawyers in California, and have been given Martindale-Hubbell Peer Review's AV Preeminent® highest rating. For additional information, call 949.854.7000 or visit Read the court decision
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    CGL Policy Covering Attorney’s Fees in Property Damage Claims

    December 11, 2018 —
    Does a CGL policy cover attorney’s fees and costs in property damages claims, to the extent there is a contractual or statutory basis to recover attorney’s fees? Naturally, you need to review the policies and this is not a clear-cut issue, but there is law to argue under. A case I have argued in support of CGL policies providing for coverage for attorney’s fees as a component of property damage claims when there is a contractual or statutory basis is Assurance Co. of America v. Lucas Waterproofing Co., Inc., 581 F.Supp.2d 1201 (S.D.Fla. 2008). In this case, the following applied:
    • The policy provided coverage for “those sums that the insured becomes legally obligated to pay as damages of… ‘property damage’….
    • Property damage was defined as “physical injury to tangible property, including all resulting loss of use of that property.”
    • The term damage, in of itself, was not defined in the policy.
    Read the court decision
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    Reprinted courtesy of David Adelstein, Kirwin Norris
    Mr. Adelstein may be contacted at