BERT HOWE
  • Nationwide: (800) 482-1822    
    custom homes expert witness Anaheim California condominiums expert witness Anaheim California concrete tilt-up expert witness Anaheim California Medical building expert witness Anaheim California institutional building expert witness Anaheim California retail construction expert witness Anaheim California townhome construction expert witness Anaheim California multi family housing expert witness Anaheim California Subterranean parking expert witness Anaheim California casino resort expert witness Anaheim California parking structure expert witness Anaheim California office building expert witness Anaheim California landscaping construction expert witness Anaheim California custom home expert witness Anaheim California tract home expert witness Anaheim California mid-rise construction expert witness Anaheim California structural steel construction expert witness Anaheim California low-income housing expert witness Anaheim California hospital construction expert witness Anaheim California condominium expert witness Anaheim California housing expert witness Anaheim California industrial building expert witness Anaheim California
    Arrange No Cost Consultation
    Construction Expert Witness Builders Information
    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

    Heat Exposure Safety and Risk Factors

    Aarow Equipment v. Travelers- An Update

    Architects Should Not Make Initial Decisions on Construction Disputes

    Bay Area Counties Issue Less Restrictive “Shelter in Place” Orders, Including for Construction

    Bad Welds Doom Art Installation at Central Park

    New Addition To New Jersey Court Rules Impacts More Than Trial Practice

    Safety Accusations Fly in Dispute Between New York Developer and Contractor

    Virginia Tech Has Its Own Construction Boom

    Care, Custody or Control Exclusion Requires Complete and Exclusive Control by Insured Claiming Coverage

    Do We Need Blockchain in Construction?

    Traub Lieberman Partner Lisa M. Rolle Obtains Summary Judgment in Favor of Defendant

    Famed NYC Bridge’s Armor Is Focus of Suit Against French Company

    Short-Term Rental Legislation & Litigation On the Way!

    Federal Miller Act Payment Bond Claim: Who Gets Paid and Who Does Not? What Are the Deadlines?

    Remodel Leaves Guitarist’s Home Leaky and Moldy

    Trump Tower Is Now One of NYC’s Least-Desirable Luxury Buildings

    Electrical Subcontractor Sues over Termination

    Tenth Circuit Reverses District Court's Ruling that Contractor Entitled to a Defense

    Colorado Passes Compromise Bill on Construction Defects

    Couple Gets $79,000 on $10 Million Construction Defect Claim

    Ten Newmeyer & Dillion Attorneys Selected to the Best Lawyers in America© 2019

    New Recommendations for Healthy and Safe Housing Conditions

    Highest Building Levels in Six Years in Southeast Michigan

    Top Developments March 2024

    Expect the Unexpected (Your Design Contracts in a Post-COVID World)

    CLB Recommends Extensive Hawaii Contractor License Changes

    Eleventh Circuit Vacates District Court Decision Finding No Duty to Defend Faulty Workmanship Claims

    Use It or Lose It: California Court of Appeal Addresses Statutes of Limitations for Latent Construction Defects and Damage to Real Property

    Getting U.S to Zero Carbon Will Take a $2.5 Trillion Investment by 2030

    Third Circuit Holds That Duty to Indemnify "Follows" Duty to Defend

    Manhattan Vacancies Rise in Epicenter Shift: Real Estate

    Woodbridge II and the Nuanced Meaning of “Adverse Use” in Hostile Property Rights Cases in Colorado

    Trump, Infrastructure and the Construction Industry

    Beyond Inverse Condemnation in Wildfire Litigation: An Oregon Jury Finds Utility Liable for Negligence, Trespass and Nuisance

    New Plan Submitted for Explosive Demolition of Old Tappan Zee Bridge

    Dorian Lashes East Canada, Then Weakens Heading Out to Sea

    Recent Developments with California’s Right to Repair Act

    2016 Updates to CEB’s Mechanics Liens and Retail Leasing Practice Books Now Available

    No Coverage for Faulty Workmanship Causing Property Damage to Insured's Product Only

    Why Is It So Hard to Kill This Freeway?

    The Pandemic, Proposed Federal Privacy Regulation and the CCPA

    Business Risk Exclusions Bar Coverage for Construction Defect Claims

    Defeating the Ten-Year Statute of Repose For Latent Construction Defects

    California Supreme Court Addresses “Good Faith” Construction Disputes Under Prompt Payment Laws

    Insurer Could Not Rely on Extrinsic Evidence to Circumvent Its Duty to Defend

    Housing Markets Continue to Improve

    Sellers' Alleged Misrepresentation Does Not Amount To An Occurrence

    The Anatomy of a Construction Dispute Stage 2- Increase the Heat

    Call to Conserve Power Raises Questions About Texas Grid Reliability

    Previously Owned U.S. Home Sales Rise to Eight-Month High
    Corporate Profile

    ANAHEIM CALIFORNIA CONSTRUCTION EXPERT WITNESS
    DIRECTORY AND CAPABILITIES

    Leveraging from approximately 5000 building and construction related expert designations, the Anaheim, California Construction Expert Directory provides a wide spectrum of trial support and consulting services to legal professionals and construction practice groups concerned with the effective resolution of construction defect and claims litigation. BHA provides construction claims investigation and expert services to the nation's leading construction practice groups, Fortune 500 builders, real estate investment trusts, risk managers, owners, as well as a variety of municipalities and government offices. Utilizing in house resources which comprise registered architects, professional engineers, licensed general and specialty contractors, the construction experts group brings national experience and local capabilities to Anaheim and the surrounding areas.

    Anaheim California construction expertsAnaheim California expert witness concrete failureAnaheim California construction scheduling expert witnessAnaheim California construction claims expert witnessAnaheim California civil engineer expert witnessAnaheim California expert witness commercial buildingsAnaheim California reconstruction expert witness
    Construction Expert Witness News & Info
    Anaheim, California

    Arizona Is Smart About Water. It Should Stay That Way.

    February 19, 2024 —
    You really have to hand it to Arizona: Even as its population has doubled and it has suffered through a decades long megadrought, the state uses less water today than it did 40 years ago. This success story is the result of what may be the smartest, most conservative approach to water in the country. But homebuilders want to scrap some key elements of this careful system. It’s a bad idea, especially as the climate changes, making the state’s water supply less reliable. And it’s a cautionary tale for the rest of us as we try to adapt to a warming world. In 1980, alarmed at watching its precious groundwater disappear amid rapid development, Arizona passed the Groundwater Management Act. The law established the Arizona Department of Water Resources, set up water-management zones around cities and required new housing developments to prove they had access to 100 years’ worth of clean water, among other things. Read the full story...
    Reprinted courtesy of Mark Gongloff, Bloomberg

    Federal Magistrate Judge Recommends Rescission of Policies

    February 12, 2024 —
    In the recent case of Union Mut. Fire Ins. Co. v. 142 Driggs LLC, 2023 U.S. Dist. LEXIS 220393, Magistrate Judge Lois Bloom of the United States District Court for the Eastern District of New York recommended granting the insurer's default judgment and holding that of three policies issued to 142 Driggs LLC ("Driggs") be rescinded ab initio. Driggs had represented on its insurance applications that it did not provide parking to anyone other than itself, tenants, and its guests at the subject insured premises. However, Union Mutual learned that Driggs had been renting out three garages to non-tenants. Second, Driggs represented that the mercantile square footage was around 1,000 square feet, when in actuality, it was larger than allowed under the policies. Union Mutual provided underwriting guidelines in connection with its default motion, which state that "parking provided for anyone other than the insured, tenants and their guests," presents an "unacceptable risk." The guidelines also state that answering yes to any "preliminary application questions (which presumably included those regarding mercantile square footage and parking) is an "unacceptable risk." The court held that these guidelines supported a finding that Driggs made material misrepresentation and that Union Mutual relied on these misrepresentations in issuing the policies. The court, as such, recommended that the policies at issue be rescinded from inception. Read the full story...
    Reprinted courtesy of Craig Rokuson, Traub Lieberman
    Mr. Rokuson may be contacted at crokuson@tlsslaw.com

    Antidiscrimination Clause Required in Public Works and Goods and Services Contracts­ –Effective January 1, 2024

    January 22, 2024 —
    In July 2023, the Washington legislature passed Senate Bill 5186, which mandates inclusion of select antidiscrimination clauses in every state contract and subcontract for public works, goods, or services executed after January 1, 2024.[i] RCW 49.60.530(3) codifies the now-required antidiscrimination clauses, which prohibit four categories of discrimination against any person because of age, sex, marital status, sexual orientation, gender identity, race, creed, color, national origin, citizenship or immigration status, honorably discharged veteran or military status, the presence of any sensory, mental, or physical disability, or the use of a trained dog guide or service animal by a person with a disability (the “Protected Class”). Under the new law, public contractors and subcontractors (“Public Contractor”) may not refuse to hire a person because that person is a member of the Protected Class, unless that refusal is based upon a bona fide occupational qualification or if a person with a particular disability would be prevented from properly performing the particular work involved.[ii] Similarly, Public Contractors may not discharge or bar a person from employment or discriminate against any person ­­– either in terms of compensation or other terms and conditions of employment – because that person is a member of the Protected Class.[iii] Last, Public Contractors may not print or circulate (or cause to be printed or circulated) any statement, advertisement, publication, form of application for employment, or make inquiry in connection with prospective employment, which expresses any limitation, specification, or discrimination as to the Protected Class.[iv] Read the full story...
    Reprinted courtesy of Travis Colburn, Ahlers Cressman & Sleight
    Mr. Colburn may be contacted at travis.colburn@acslawyers.com

    Carbon Sequestration Can Combat Global Warming, Sometimes in Unexpected Ways

    April 02, 2024 —
    Whether by land, by sea or through human innovation, carbon sequestration is likely coming to (or already happening in) a destination near you. As our planet, overdosed on greenhouse gases, battles climate disasters, a logical solution is to simply stop pumping carbon dioxide into the air. Legislation worldwide is aimed at that target, but reducing output alone may not be enough. There are still billions of tons of extra CO2 already in the atmosphere—this crossroads is where sequestration comes into play. Carbon sequestration is exactly what it sounds like—the storage of CO2. Once carbon is sucked out of the air, or in some cases pulled directly from industrial smokestacks, sequestration can be undertaken in a lot of different ways. Carbon storage happens naturally, when forests and oceans absorb and convert CO2 into organic matter, but carbon dioxide can also be artificially injected into deep underground rock formations (or wells), or in some cases technological approaches repurpose carbon into a resource like concrete, or as a catalyst in a closed-loop industrial system. However it’s accomplished, the point of sequestration is to stabilize carbon and ensure it doesn’t creep back into our atmosphere. Researchers, like those at the United Nations’ Intergovernmental Panel on Climate Change, now say that CO2 removal is vital to keeping global warming to 1.5 degrees Celsius (past that threshold, climate change could reach catastrophic levels). A 2023 University of Oxford study estimated that, currently, about two billion metric tons of carbon dioxide are being removed each year, primarily through land management (i.e., planting trees), and suggested that we need to double that amount to avoid dangerous global warming levels. Reprinted courtesy of Michael S. McDonough, Pillsbury, Robert A. James, Pillsbury and Amanda G. Halter, Pillsbury Mr. McDonough may be contacted at michael.mcdonough@pillsburylaw.com Mr. James may be contacted at rob.james@pillsburylaw.com Ms. Halter may be contacted at amanda.halter@pillsburylaw.com Read the full story...

    A Matter Judged: Subrogating Insurers Should Beware of Prior Suits Involving the Insured

    March 25, 2024 —
    In New Jersey Mfrs. Ins. Co. v. Lallygone LLC, No. A-2607-22, 2024 N.J. Super. Unpub. LEXIS 120, the Appellate Division of the Superior Court of New Jersey (Appellate Division) considered whether New Jersey Manufacturers Insurance Company (the carrier) could bring a subrogation action after its insured, Efmorfopo Panagiotou (the insured), litigated and tried claims related to the same underlying incident with the same defendant, Lallygone LLC (the defendant). The Appellate Division affirmed the trial court’s finding that the prior lawsuit extinguished the carrier’s claims. In Lallygone LLC, the insured hired the defendant to renovate a detached garage on his property. In March 2022, while the defendant’s employees were removing existing concrete slabs, the garage collapsed. After the incident, the insured stopped paying the defendant. In addition, the insured filed a claim with the carrier, which ultimately paid the insured over $180,000 for the damage under its property policy. The carrier sent a subrogation notice letter to the defendant. Read the full story...
    Reprinted courtesy of Gus Sara, White and Williams
    Mr. Sara may be contacted at sarag@whiteandwilliams.com

    The Requirement to State a “Sum Certain” No Longer a Jurisdictional Bar to Government Contract Claims

    November 13, 2023 —
    The Boards of Contract Appeals, Court of Federal Claims, and the Federal Circuit have long held that the elements of a claim under the Contract Disputes Act (“CDA”) to be jurisdictional. Those requirements are as follows: (a) Claims generally.– (1) Submission of contractor’s claims to contracting officer.–Each claim by a contractor against the Federal Government relating to a contract shall be submitted to the contracting officer for a decision. (2) Contractor’s claims in writing.—Each claim by a contractor against the Federal Government relating to a contract shall be in writing. (3) Contracting officer to decide Federal Government’s claims.–Each claim by the Federal Government against a contractor relating to a contract shall be the subject of a written decision by the contracting officer. Read the full story...
    Reprinted courtesy of Marcos R. Gonzalez, Peckar & Abramson, P.C.
    Mr. Gonzalez may be contacted at mgonzalez@pecklaw.com

    Traub Lieberman Partner Kathryn Keller and Associate Steven Hollis Secure Final Summary Judgment in Favor of Homeowner’s Insurance Company

    April 02, 2024 —
    Traub Lieberman Partner Kathryn Keller and Associate Steven Hollis obtained summary judgment on behalf of a major homeowners’ insurer in a breach of contract action in the Ninth Judicial Circuit in and for Osceola County, Florida. The underlying claim involved a water loss in a bathroom of the Plaintiff’s property allegedly resulting in substantial damage to the home. The claim had been reported by Plaintiff’s counsel. The Plaintiff had retained counsel and two vendors before giving notice to the insurer. In addition, the insurer’s field adjuster was not provided the opportunity to inspect the plumbing parts that had been allegedly damaged. Specifically, the drainage system had been completely removed and replaced. The insurer retained an engineer, who concluded that the removal of the original plumbing components hindered the ability of the engineer to determine their conditions prior to removal. Meanwhile, the surface conditions of the white PVC pipe appeared bright and shiny as compared to other piping. The insured had also failed to provide a signed, sworn proof of loss within sixty days after the loss. Reprinted courtesy of Kathryn Keller, Traub Lieberman and Steven A. Hollis, Traub Lieberman Ms. Keller may be contacted at kkeller@tlsslaw.com Mr. Hollis may be contacted at shollis@tlsslaw.com Read the full story...

    Stay of Coverage Case Appropriate While Court Determines Arbitrability of Dispute

    April 22, 2024 —
    The Fifth Circuit vacated a discovery order issued by the district court and remanded the case for issuance of a stay while the arbitrability of the coverage dispute was reviewed. Cameron Parish Recreation #6 v. Indian Harbor Ins. Co., et al., 2024 U.S. App. LEXIS 3804 (5th Cir. Feb. 19, 2024). The plaintiffs purchased surplus lines polices from various insurance companies to provide coverage for commercial properties. The policies included an arbitration provision for resolving any disputes. After plaintiffs were denied coverage for damage to their properties from Hurricane Laura, they sued the insurers. The insurers filed motions to compel arbitration and to stay the case. The district court refused the stay and ordered limited discovery into arbitrability. The insurers appealed. Read the full story...
    Reprinted courtesy of Tred R. Eyerly, Damon Key Leong Kupchak Hastert
    Mr. Eyerly may be contacted at te@hawaiilawyer.com