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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
    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

    Arizona Supreme Court Upholds Constitutionality of Provision Relating to Statutory Authority for Constructing and Operating Sports and Tourism Complexes

    McCarthy Workers Test Fall-Protection Harnesses Designed to Better Fit Women

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    EEOC Sues Schuff Steel, J.A. Croson in New Racial Harassment Cases

    Construction Litigation Roundup: “You Left Out a Key Ingredient!”

    Engineers Propose 'River' Alternative to Border Wall

    Vacation during a Project? Time for your Construction Documents to Shine!

    Going Digital in 2019: The Latest Technology for a Bright Future in Construction

    AIA Releases Decennial 2017 Updates to its Contracts Suites

    Between Scylla and Charybids: The Mediation Privilege and Legal Malpractice Claims

    Merger to Create Massive Los Angeles Construction Firm

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    Reversing Itself, West Virginia Supreme Court Holds Construction Defects Are Covered

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    No Friday Night Lights at $60 Million Texas Stadium: Muni Credit

    District Court Awards Summary Judgment to Insurance Firm in Framing Case

    Texas covered versus uncovered allocation and “legally obligated to pay.”

    Contractor’s Coverage For Additional Insured Established by Unilateral Contract

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    Construction Up in United States

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    The Hidden Dangers of Construction Defect Litigation: A Redux

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    Ceiling Collapse Attributed to Construction Defect

    That’s not the way we’ve always done it! (Why you should update your office practices)

    Exclusion Does Not Bar Coverage for Injury To Subcontractor's Employee

    Godfather Charged with Insurance Fraud

    Federal Government May Go to Different Green Building Standard

    A Court-Side Seat: Citizen Suits, “Facility” Management and Some Nuance for Your Hazard Ranking

    The Top 10 Changes to the AIA A201: What You Need to Know
    Corporate Profile

    ANAHEIM CALIFORNIA CONSTRUCTION EXPERT WITNESS
    DIRECTORY AND CAPABILITIES

    Drawing from more than 4500 construction related expert witness designations, the Anaheim, California Construction Expert Directory provides a wide range of trial support and construction consulting services to construction claims professionals concerned with construction defect, scheduling, and delay claims. BHA provides general construction investigation, trial and claims support services to widely recognized construction practice groups, Fortune 500 builders, CGL carriers, owners, as well as a variety of public entities. Utilizing in house resources which include testifying architects, design engineers, construction cost and standard of care experts, licensed general and specialty contractors, the construction experts group brings national experience and local capabilities to Anaheim and the surrounding areas.

    Anaheim California fenestration expert witnessAnaheim California architect expert witnessAnaheim California engineering consultantAnaheim California building expertAnaheim California construction expert testimonyAnaheim California structural concrete expertAnaheim California construction safety expert
    Construction Expert Witness News & Info
    Anaheim, California

    Construction Contract Basics: Indemnity

    October 30, 2023 —
    I’m back after a welcome change of offices from a Regus location to a separate and more customer-friendly local shared office space location. I thought I’d jump back into posting with a series of construction contract-related posts, the first of which relates to indemnification clauses. An indemnification clause in a contract obligates one party (the Indemnitor) to take on liability (read pay for) any damages to another party (the Indemnitee) under certain circumstances. In a construction context, this type of arrangement can arise in a bonding context with a general indemnity obligation to the surety among other contexts outside of the four corners of any prime or subcontract. I will not be discussing those other contexts and will focus on the typical indemnity clause found in most if not all, construction contracts. These clauses most often state that the “downstream” party is to indemnify all of the upstream parties for any and all damages incurred by the indemnitees due to any action of the downstream party, its employees, subcontractors, sub-subcontractors, etc. The clauses are often not limited in scope and generally include attorney fee provisions and generally require indemnity for breaches of contract by their terms. Read the full story...
    Reprinted courtesy of The Law Office of Christopher G. Hill
    Mr. Hill may be contacted at chrisghill@constructionlawva.com

    Drawing the Line: In Tennessee, the Economic Loss Doctrine Does Not Apply to Contracts for Services

    December 11, 2023 —
    In Commercial Painting Co. v. Weitz Co. LLC, No. W2019-02089-SC-R11-CV, 2023 Tenn. LEXIS 39 (Weitz), the Supreme Court of Tennessee (Supreme Court) considered whether the economic loss doctrine barred the plaintiff’s claims for fraud, negligent misrepresentation and punitive damages arising out of a contract with the defendant for construction services. The court held that the economic loss doctrine only applies to product liability cases and does not apply to claims arising from contracts for services. This case establishes that, in Tennessee, the economic loss doctrine does not bar tort claims in disputes arising from service contracts. In Weitz, defendant, Weitz Co. LLC (Weitz), was the general contractor for a construction project and hired plaintiff Commercial Painting Co. (Commercial) as a drywall subcontractor. Weitz refused to pay Commercial for several of its payment applications, claiming that the applications were submitted untimely and contained improper change order requests. Commercial filed a lawsuit against Weitz seeking over $1.9 million in damages, alleging breach of contract, unjust enrichment, enforcement of a mechanic’s lien, and interest and attorney’s fees under the Prompt Pay Act of 1991. Weitz filed a counterclaim for $500,000 for costs allegedly incurred due to Commercial’s delay and defective workmanship. In response, Commercial amended its complaint to add claims for fraud, intentional and negligent misrepresentation, rescission of the contract and $10 million in punitive damages. Commercial alleged that Weitz received an extension of the construction schedule but fraudulently withheld this information from Commercial and continued to impose unrealistic deadlines. Read the full story...
    Reprinted courtesy of Gus Sara, White and Williams
    Mr. Sara may be contacted at sarag@whiteandwilliams.com

    No Damages for Delay May Not Be Enforceable in Virginia

    January 08, 2024 —
    Anyone who reads Construction Law Musings with any regularity (thank you by the way) knows that the contract is king in most instances here in Virginia. Any commercial construction subcontractor in Virginia is likely also very familiar with so-called “no damages for delay” clauses in construction contracts. These clauses essentially state that a subcontractor’s only remedy for a delay caused by any factor beyond its control (including the fault of the general contractor), after proper notice to the general contractor, is an extension of time to complete the work. However, in 2015 the Virginia General Assembly passed a change in the law that precluded the diminishment of any right to claims for demonstrated additional costs prior to payment. This left open the question as to which types of “diminishment” would be barred by the statute. The recent case out of the Eastern District of Virginia federal court, Strata Solar LLC v. Fall Line Construction LLC, added a bit of clarity. Read the full story...
    Reprinted courtesy of The Law Office of Christopher G. Hill
    Mr. Hill may be contacted at chrisghill@constructionlawva.com

    Final Rule Regarding Project Labor Agreement Requirements for Large-Scale Federal Construction Projects

    January 29, 2024 —
    Beginning on January 22, 2024, in compliance with President Biden’s February 4, 2022 Executive Order, 14603, federal construction projects with a total estimated cost of $35 million are required to utilize a project labor agreement (“PLA”) unless the contracting agency grants an exception. The Federal Register estimates that this rule will impact approximately 119 IDIQ contracts each year; these contracts have an average award value of about $114 million. The White House claims the PLAs will improve projects by:
    • Eliminating project delays from labor unrest, such as strikes;
    • Creating dispute resolution procedures and cooperation for labor-management disputes, such as those over safety;
    • Including provisions “to support workers from underserved communities and small businesses”;
    • Helping to create a steady pipeline of workers for federal projects; and
    • Promoting competition on government contracts so that all builders, even those who are non-union, can bid on jobs that require a PLA.
    Read the full story...
    Reprinted courtesy of Aaron C. Schlesinger, Peckar & Abramson, P.C.
    Mr. Schlesinger may be contacted at aschlesinger@pecklaw.com

    Super Lawyers Selects Haight Lawyers for Its 2024 Southern California Rising Stars List

    February 05, 2024 —
    Congratulations to the following Haight attorneys who were selected to the 2024 Southern California Rising Stars list:
    • Kyle DiNicola
    • Patrick McIntyre
    • Kathleen Moriarty
    • Kristian Moriarty
    • Austin Smith
    Each year, no more than 2.5 percent of the lawyers in the state are selected by the research team at Super Lawyers to receive this honor. Super Lawyers, part of Thomson Reuters, is a rating service of outstanding lawyers from more than 70 practice areas who have attained a high degree of peer recognition and professional achievement. The annual selections are made using a patented multiphase process that includes a statewide survey of lawyers, an independent research evaluation of candidates and peer reviews by practice area. The result is a credible, comprehensive and diverse listing of exceptional attorneys. The Super Lawyers lists are published nationwide in Super Lawyers magazines and in leading city and regional magazines and newspapers across the country. Super Lawyers magazines also feature editorial profiles of attorneys who embody excellence in the practice of law. Read the full story...
    Reprinted courtesy of Haight Brown & Bonesteel LLP

    Jason Feld Awarded Volunteer of the Year by Claims & Litigation Management Alliance

    April 15, 2024 —
    On April 3, 2024, Kahana Feld’s Co-Founding Partner, Jason Feld was honored by the Claims & Litigation Management Alliance (CLM) with the Inaugural Volunteer of the Year award. The CEO of CLM, Ronna Ruppelt stated, “The new CLM Volunteer of the Year award honors dedicated members who passionately serve the CLM community. Jason’s service spans over a decade as both the President and Director of Events for the Orange County Chapter. Under his guidance, this chapter has flourished – not only educating and connecting the CLM community but rallying members to give back to the local community through service events in the process. Jason is also a frequent writer, speaker, and contributor for CLM events, and we are proud to honor him as our inaugural CLM Volunteer of the Year.” Mr. Feld is a renowned nationwide construction claims leader who actively speaks at industry events. He serves as panel counsel for many prominent insurance carriers and provides personal counsel for multiple national and regional builders, developers, and contractors. With his vast experience and expertise, Mr. Feld is a trusted authority in the field and is highly regarded for his legal representation. Read the full story...
    Reprinted courtesy of Linda Carter, Kahana Feld
    Ms. Carter may be contacted at lcarter@kahanafeld.com

    You Say Tomato, I Say Tomahto. But When it Comes to the CalOSHA Appeals Board, They Can Say it Any Way They Please

    January 08, 2024 —
    We lawyers do a fair amount of reading. Documents. Court decisions. Passive aggressive correspondence from opposing counsel. As well as statutes, regulations and administrative guidance. And you might be surprised how often words can be ascribed very different meanings depending on who is reading it. Such, I suppose, is the nature of language. When it comes to public agency interpretations of its own regulations, however, you would be well to heed that authors are often the best interpreters of their own works, or at least that’s how the courts tend to view it, as in the next case L & S Framing Inc. v. California Occupational Safety and Health Appeals Board, Case No. C096386 (July 24, 2023). The L & S Framing Case Martin Mariano, an employee of L & S Framing, Inc., suffered a brain injury when he fell from the “second floor” while working on a single family house. What, exactly, this “second floor” was, was a point of a contention in the legal case that followed. Read the full story...
    Reprinted courtesy of Garret Murai, Nomos LLP
    Mr. Murai may be contacted at gmurai@nomosllp.com

    Challenging Enforceability of Liquidated Damages (In Federal Construction Context)

    March 11, 2024 —
    A recent summary judgment opinion from the Armed Services Board of Contract Appeals (ASBCA), Appeals Of – BCI Construction USA, Inc.,ASBCA No. 6257, 2024 WL 773324 (2024), contains a worthy discussion regarding a contractor’s challenge to the government’s assessment of liquidated damages, specifically the enforceability of the liquidated damages rate. Although this challenge is in the federal context, this discussion would be more expansive and apply outside of the federal context. When dealing with the enforceability of a liquidated damages, the ASBCA “examines whether the liquidated damages amount ‘is extravagant, or disproportionate to the amount of property loss, as to show that compensation was not the object aimed at or as to imply fraud, mistake, circumvention or oppression.” Appeals of – BCI Construction USA, Inc. (citation omitted). Read the full story...
    Reprinted courtesy of David Adelstein, Kirwin Norris, P.A.
    Mr. Adelstein may be contacted at dma@kirwinnorris.com