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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.

    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

    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

    Workers Compensation Immunity and the Intentional Tort Exception

    Do Hurricane-Prone Coastal States Need to Update their Building Codes?

    Property Insurance Exclusion for Constant or Repeated Leakage of Water

    California Supreme Court Holds “Notice-Prejudice” Rule is “Fundamental Public Policy” of California, May Override Choice of Law Provisions in Policies

    Summary Judgment Granted to Insurer for Hurricane Damage

    Colorado General Assembly Sets Forth Prerequisites for an Insurance Company to Use Failure to Cooperate as a Defense to a Claim for First Party Insurance Benefits

    20 Years of BHA at West Coast Casualty's CD Seminar: Chronicling BHA's Innovative Exhibits

    Chapman Glucksman Press Release

    Biden Administration Focus on Environmental Justice Raises Questions for Industry

    Connecticut Supreme Court Finds Duty to Defend When Case Law is Uncertain

    Emotional Distress Damages Not Distinct from “Annoyance and Discomfort” Damages in Case Arising from 2007 California Wildfires

    Carwash Prosecutors Seek $1.6 Billion From Brazil Builders

    2018 Legislative Changes Affecting the Construction Industry

    New Jersey Appellate Court Reinstates Asbestos Action

    Gru Was Wrong About the Money: Court Concludes that Lender Owes Contractor “Contractually, Factually and Practically”

    How New York City Plans to Soak Up the Rain

    California Condo Architects Not Liable for Construction Defects?

    Partners Jeremy S. Macklin and Mark F. Wolfe Secure Seventh Circuit Win for Insurer Client in Late Notice Dispute

    Bridges Crumble as Muni Rates at Least Since ’60s Ignored

    One Insurer's Settlement with Insured Does Not Bar Contribution Claim by Other Insurers

    Jury's Verdict for Loss Caused by Collapse Overturned

    LaGuardia Airport Is a Mess. An Engineer-Turned-Fund Manager Has a Fix

    Court Slams the Privette Door on Independent Contractor’s Bodily Injury Claim

    Public-Employee Union Fees, Water Wars Are Key in High Court Rulings

    Construction News Roundup

    The Colorado Supreme Court holds that loans made to a construction company are not subject to the Mechanic’s Lien Trust Fund Statute

    An Expert’s Qualifications are Important

    Three Construction Workers Injured at Former GM Plant

    Motion to Dismiss COVID Claim Granted in Part, Denied in Part

    Pass-Through Subcontractor Claims, Liquidating Agreements, and Avoiding a Two-Front War

    House of Digital Twins

    Show Me the Money: The Good Faith Dispute Exception to Prompt Payment Penalties

    Taking Care of Infrastructure – Interview with Marilyn Grabowski

    Traub Lieberman Attorneys Recognized as 2021 Top Lawyers by Hudson Valley Magazine

    Construction Delayed by Discovery of Bones

    The Fair Share Act Impacts the Strategic Planning of a Jury Trial

    Mexico City Metro Collapse Kills 24 After Neighbors’ Warnings

    Blurred Lines: New York Supreme Court Clarifies Scope of Privileged Documents in Connection with Pre-Denial Communications Prepared by Insurer's Coverage Counsel

    Jobsite Safety Should Be Every Contractors' Priority

    Contractual Assumption of Liability Does Not Bar Coverage

    Continuous Injury Trigger Applied to Property Loss

    Congratulations to Walnut Creek Partner Bryan Stofferahn and Associate Jeffrey Schilling for Winning a Motion for Summary Judgment on Behalf of Their Client, a Regional Grocery Store!

    In Personal Injury Actions, Prejudgment Interest on Costs Not Recoverable

    Pennsylvania Supreme Court: Fair Share Act Does Not Preempt Common Law When Apportioning Liability

    Quick Note: Discretion in Determining Prevailing Party for Purposes of Attorney’s Fees

    Disaster Remediation Contracts: Understanding the Law to Avoid a Second Disaster

    Workers on Big California Bridge Tackle Oil Wells, Seismic Issues

    Seattle Condos, Close to Waterfront, Construction Defects Included

    Construction Calamity: Risk Transfer Tips for Contractors After a Catastrophic Loss

    Congratulations to Woodland Hills Partner Patrick Au and Senior Associate Ava Vahdat on Their Successful Motion for Summary Judgment!
    Corporate Profile


    Drawing from more than four thousand construction defect and claims related expert witness designations, the Anaheim, California Construction Expert Directory provides a streamlined multi-disciplinary expert retention and support solution to lawyers and construction practice groups seeking effective resolution of construction defect and claims matters. BHA provides construction claims evaluation and expert support services to the industry's leading construction attorneys, Fortune 500 builders, insurers, owners, as well as a variety of public entities. In connection with in house assets which include registered architects, professional engineers, licensed general and specialty contractors, the firm brings regional experience and local capabilities to Anaheim and the surrounding areas.

    Anaheim California construction project management expert witnessesAnaheim California architecture expert witnessAnaheim California construction scheduling and change order evaluation expert witnessAnaheim California window expert witnessAnaheim California contractor expert witnessAnaheim California engineering consultantAnaheim California architect expert witness
    Construction Expert Witness News & Info
    Anaheim, California

    How Will Artificial Intelligence Impact Construction Litigation?

    September 12, 2023 —
    In the first half of 2023, artificial intelligence (“AI”) caught the public’s imagination. Attorneys have not been immune from the fever-pitch of commentary regarding the possible applications. While early adopters have had varying degrees of success, commentators have proposed various potential impacts on construction projects and disputes. This article discusses potential areas where AI can assist in preventing and resolving disputes from the pre-bid stage through project completion and close-out. What is AI? Artificial intelligence entered the popular zeitgeist accompanied by both optimistic and pessimistic predictions about the future. Internet searches on AI exploded in December 2022, reflecting a rapid and widespread public interest in the topic. The term “AI” itself is often loosely used to refer to a machine or computer software with the ability to conduct machine learning.[1] Whereas “automation” is the simple process of computing inputs, artificial intelligence refers to the ability to learn without additional programming from a human being. Now, increased computing power is finally helping some of the potential applications of this technology come into focus. Nonetheless, artificial intelligence is still maturing and is subject to “hallucinations” where the technology essentially generates erroneous nonsense. Read the full story...
    Reprinted courtesy of Patrick McKnight, Fox Rothschild LLP
    Mr. McKnight may be contacted at

    Strangers in a Strange Land: Revisiting Arbitration Provisions to Account for Increasing International Influences

    July 16, 2023 —
    Arbitration is nothing new. Neither is globalization. But the two are coming together in ways that have incrementally influenced the manner in which many arbitrations are now conducted. And this merits a re-examination of old arbitration clauses to account for some of these new influences. With that in mind, this article will examine some basic considerations when examining arbitration agreements within a construction industry that continues to see the increasing participation of foreign companies in domestic projects. Although this is not a comprehensive review of best drafting practices, nor is it a full survey of the differences between domestic and international arbitration, this article will nonetheless highlight a few basic concepts to keep in mind when reviewing arbitration clauses. As a basic starting point, the continuing globalization of the construction industry has led to distinct impacts on the ways in which parties conduct arbitrations in the United States. The increased participation of international companies in domestic construction projects has naturally led to the application of international legal concepts to domestic alternative dispute resolution. And the increasing prevalence of these international concepts has led to a number of important trends that can impact the way arbitrations are handled. Read the full story...
    Reprinted courtesy of William Underwood, Jones & Walker (ConsensusDocs)
    Mr. Underwood may be contacted at

    HVAC System Collapses Over Pool at Gaylord Rockies Resort Colorado

    June 12, 2023 —
    The collapse May 6 of the HVAC system above an indoor pool at the Gaylord Rockies Resort near Denver sent six people to local hospitals, two with life-threatening injuries. An estimated 50 to 100 people were in the water or on the pool deck as pieces of the system fell into the pool and hot tub. Reprinted courtesy of Jennifer Seward, Engineering News-Record Ms. Seward may be contacted at Read the full story...

    Construction Litigation Roundup: “Who Needs Them”

    August 28, 2023 —
    Who needs them? So argued a surety pursuing recovery under its general agreement of indemnity when the indemnitors urged a Louisiana federal court to dismiss the surety’s complaint for failure to join various allegedly required parties as defendants in the litigation. As part of its court action, the surety moved for preliminary injunction to enforce its collateral security rights. In response thereto, the indemnitors informed the court that if the injunction were to be granted, the indemnitors would “be forced to sell assets that are encumbered by security interests senior to those held by” the surety. In connection therewith, the indemnitors demanded that the other creditors be joined in the action or the lawsuit dismissed. The indemnitors also urged that the public project owner be joined as a party because the surety was seeking proceeds from the project that were still in the possession of the project owner. Read the full story...
    Reprinted courtesy of Daniel Lund III, Phelps
    Mr. Lund may be contacted at

    Deescalating Hyper Escalation

    July 05, 2023 —
    Recent years have seen the construction industry get hit by a perfect storm of rising costs, workforce shortages, delivery delays, supply-chain issues, inflation, interest-rate hikes and materials price escalation. The cost of construction has become more expensive, leaving all parties to grapple with the sufficiency of their risk-management strategies and the ramifications of contracts that are ill-equipped to deal with unprecedented cost increases. Of particular concern to industry participants are the volatile price fluctuations that construction materials have undergone and how to appropriately mitigate the risks they present. Although owners, general contractors and subcontractors may seek to mitigate future risks, many who are party to an existing contract all too often must scramble to divine how to absorb significantly more financial risk than they expected pre-pandemic. Contracts that were bid and entered into prior to the pandemic may have seen, in some instances, double- and triple-digit percent increases in prices due to hyper escalation, with little recourse to address such situations. While parties to private contracts are free to mitigate their risk through contract negotiations, parties to federal or state public procurements are somewhat more constrained. Reprinted courtesy of Paul F. Williamson, Construction Executive, a publication of Associated Builders and Contractors. All rights reserved. Read the full story...

    Florida Insurance Legislation Alert - Part I

    April 18, 2023 —
    On March 24, 2023, Florida Governor Ron DeSantis signed into law House Bill 837 which significantly impacts several critical aspects of modern Florida civil litigation, particularly insurance disputes. SDV has actively monitored the evolution of this legislation, including substantial commentary from the legal and insurance communities that followed its enactment. In this multi-part series, we will explore the critical developments impacting policyholders and what to expect moving forward. The insurance-related headlines overwhelmingly concentrate on one key area: the elimination of one-way attorney fee recovery for property insurance policyholders. This development represents a key change in longstanding Florida insurance law and is worthy of attention - but it doesn’t tell the whole story. Reprinted courtesy of Gregory D. Podolak, Saxe Doernberger & Vita, P.C. and Holly A. Rice, Saxe Doernberger & Vita, P.C. Mr. Podolak may be contacted at Ms. Rice may be contacted at Read the full story...

    Heatup of Giant DOE Nuclear Waste Melter Succeeds After 2022 Halt

    August 21, 2023 —
    Before 56 million gallons of long-stored radioactive waste at the federal Hanford nuclear waste site in Washington state can be turned into vitrified glass for disposal beginning in 2024, crews from the U.S. Energy Dept and Bechtel National that built and are commissioning the site's giant waste vitrification plant need to heat up its two 300-ton melters, the world's largest, to 2,100° F. Reprinted courtesy of Tim Newcomb, Engineering News-Record ENR may be contacted at Read the full story...

    Huh? Action on Construction Lien “Relates Back” Despite Notice of Contest of Lien

    May 01, 2023 —
    Not every case law you read makes sense. This sentiment goes to the uncertainty and grey area of certain legal issues. It is, what you call, “the nature of the beast.” You will read cases that make you say “HUH?!?” This is why you want to work with construction counsel to discuss procedures and pros / cons relative to construction liens. An example of a case that makes you say “HUH” can be found in Woolems, Inc. v. Catalina Capstone Creations, Inc., 2023 WL 2777506 (Fla. 3d DCA 2023) dealing with a construction lien foreclosure dispute. Here, a contractor filed a lawsuit against a subcontractor with a summons to show cause why the subcontractor’s construction lien should not be discharged. This is a specific complaint filed under Florida Statute s. 713.21(4). This statute requires the lienor to essentially foreclose on its construction lien within 20 days after it was served with a “show cause” summons. The subcontractor filed its answer and counterclaim but did NOT assert a claim to foreclose its construction lien. Read the full story...
    Reprinted courtesy of David Adelstein, Kirwin Norris, P.A.
    Mr. Adelstein may be contacted at