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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
    Local # 0532
    44404 16th St W Suite 107
    Lancaster, CA 93535

    Construction Expert Witness News and Information
    For Anaheim California

    Good Ole Duty to Defend

    Colorado Abandons the “Completed and Accepted Rule” in Favor of the “Foreseeability Rule” in Determining a Contractor’s Duty to a Third Party After Work Has Been Completed

    California insured’s duty to cooperate and insurer’s right to select defense counsel

    Read the Property Insurance Policy to be Sure You are Complying with Post Loss Obligations

    Disaster-Relief Bill Stalls in Senate

    Hunton Insurance Team Wins Summary Judgment on Firm’s Own Hurricane Harvey Business Income Loss

    Meet the Hipster Real Estate Developers Building for Millennials

    Gardeners in the City of the Future: An Interview with Eric Baczuk

    Claim Against Broker Survives Motion to Dismiss

    Investigation Continues on Children Drowning at Construction Site

    Construction Defect Claim not Barred by Prior Arbitration

    What to Do Before OSHA Comes Knocking

    Congratulations 2019 DE, NJ and PA Super Lawyers and Rising Stars

    American Council of Engineering Companies of California Selects New Director

    Could You Be More Specific . . . About My Excess AI Coverage?

    Wall Failure Due to Construction Defect Says Insurer

    AB5 Construction Exemption – A Checklist to Avoid Application of AB5’s Three-Part Test

    World’s Biggest Crane Gets to Work at British Nuclear Plant

    Hovnanian Reports “A Year of Solid Profitability”

    Condo Collapse Spurs Hometown House Member to Demand U.S. Rules

    Wheaton to Require Sprinklers in New Homes

    Owner Bankruptcy: What’s a Contractor to Do?

    Lessee Deemed Statutory Employer, Immune from Tort Liability by Pennsylvania Court

    California’s One-Action Rule May Apply to Federal Lenders

    Elizabeth Lofts Condo Owners Settle with Plumbing Supplier

    Know What You’ve Built: An Interview with Timo Makkonen of Congrid

    Nevada Construction Defect Lawyers Dead in Possible Suicides

    Berkeley Researchers Look to Ancient Rome for Greener Concrete

    Hawaii Federal District Court Rejects Insurer's Motion for Summary Judgment on Construction Defect Claims

    California Supreme Court Declines to Create Exception to Privette Doctrine for “Known Hazards”

    General Contractors Have Expansive Common Law and Statutory Duties To Provide a Safe Workplace

    Are We Headed for a Work Shortage?

    Private Mediations Do Not Toll The Five-Year Prosecution Statute

    City Development with Interactive 3D Models

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    New Mexico Architect Is Tuned Into His State

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    What Makes a Great Lawyer?

    The American Rescue Plan Act: What Restaurants Need to Act on NOW

    Don’t Get Caught Holding the Bag: Hold the State Liable When General Contractor Fails to Pay on a Public Project

    South Caroline Holds Actual Cash Value Can Include Depreciation of Labor Costs

    Colorado’s Need for Condos May Spark Construction Defect Law Reform

    Not Remotely Law as Usual: Don’t Settle for Delays – Settle at Remote Mediation

    Beyond the Disneyland Resort: World Class Shopping Experiences

    Georgia State and Local Governments Receive Expanded Authority for Conservation Projects

    Court Strikes Down Reasonable Construction Defect Settlement

    Anti-Concurrent, Anti-Sequential Causation Clause Precludes Coverage

    Granting of Lodestar Multiplier in Coverage Case Affirmed

    General Indemnity Agreement Can Come Back to Bite You
    Corporate Profile


    Leveraging from approximately 5000 construction related expert witness designations, the Anaheim, California Construction Expert Directory provides a wide spectrum of trial support and consulting services to attorneys and construction practice groups seeking effective resolution of construction defect, scheduling, and delay matters. BHA provides construction related consulting and expert witness support services to the nation's leading construction practice groups, Fortune 500 builders, general liability 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 a wealth of experience and local capabilities to Anaheim and the surrounding areas.

    Anaheim California building code compliance expert witnessAnaheim California fenestration expert witnessAnaheim California multi family design expert witnessAnaheim California construction scheduling expert witnessAnaheim California civil engineering expert witnessAnaheim California architect expert witnessAnaheim California construction defect expert witness
    Construction Expert Witness News & Info
    Anaheim, California

    PSA: Latest Updates from AGC-VA on COVID Rules (UPDATED)

    June 14, 2021 —
    The recent changes in masking requirements and COVID-related restrictions have prompted questions and concerns throughout the construction industry. We understand your questions and continue to work closely with the Department of Labor and Industry (DOLI) and the Safety and Health Codes Board. Here is what we know at this point:
    • The Governor’s second order terminates the state of public emergency as of May 28, 2021. At that point, the DOLI Safety and Health Codes Board will have 2 weeks to meet and decide whether to rescind, modify, or continue the Final Permanent Standard for Prevention of Covid-19. Companies should continue to follow the standard until further notice.
    • UPDATE: At present, the emergency order does not expire before June 30, unless amended or otherwise changed. Therefore, the two-week period to announce a meeting of the SCHB to review the permanent COVID-19 standard does not begin until July 1, though the meeting can occur after the two-week period. AGCVA has joined other groups in pushing for a meeting as soon as possible.
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    Reprinted courtesy of The Law Office of Christopher G. Hill
    Mr. Hill may be contacted at

    Biden's Next 100 Days: Major Impacts Expected for the Construction Industry

    May 10, 2021 —
    As President Joe Biden’s busy first 100 days in office—which included enactment of a $1.9-trillion pandemic rescue bill and proposals for two other massive measures—wrap up, the months ahead also are expected to generate plenty of legislative and regulatory action with major impact for the construction sector. Reprinted courtesy of Tom Ichniowski, ENR, Pam Radtke Russell, ENR and Bruce Buckley, ENR Mr. Ichniowski may be contacted at Ms. Russell may be contacted at Read the full story... Read the court decision
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    Reprinted courtesy of

    Fourth Circuit Questions EPA 2020 Clean Water Act 401 Certification Rule Tolling Prohibition

    August 10, 2021 —
    Last week, in North Carolina Department of Environmental Quality v. Federal Energy Regulatory Commission, the Fourth Circuit Court of Appeals suggested that Congress did not intend for the states, or tribes, to take final action on Clean Water Act (CWA) Section 401 applications within a year of filing. The opinion conflicts with the Environmental Protection Agency's (EPA) 2020 final rule that sought to limit state and tribal certifying authorities’ ability to delay federal projects through various tolling schemes. 85 Fed. Reg. 42210 (Jul. 13, 2020). EPA’s rule, codified in existing regulations, states that the CWA imposes a strict one-year deadline for certification decisions, otherwise certification is waived. However, the Fourth Circuit’s view suggests that this waiver is not triggered in cases where the certifying authority has acted on the application, even if it takes longer than a year to make a final certification decision. The court ultimately decided the case on other grounds, leaving a resolution on the statutory interpretation question for another day. Read the court decision
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    Reprinted courtesy of Karen C. Bennett, Lewis Brisbois
    Ms. Bennett may be contacted at

    Haight’s Stevie Baris Selected for Super Lawyers’ 2021 Northern California Rising Stars

    July 19, 2021 —
    Congratulations to Stevie Baris who was selected to the Super Lawyers 2021 Northern California Rising Stars list. Each year, no more than 2.5% of the lawyers in the state are selected by the research team at Super Lawyers to receive this honor. Super Lawyers, a Thomson Reuters business, 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. Read the court decision
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    Reprinted courtesy of Stevie B. Baris, Haight Brown & Bonesteel LLP
    Mr. Baris may be contacted at

    So You Want to Arbitrate? Better Make Sure Your Contract Covers All Bases

    August 16, 2021 —
    As a General Contractor, you may prefer to arbitrate any contractual disputes rather than engage in protracted litigation. Many Courts favor arbitration clauses and will enforce them if there is a sufficient reason to do so. However, there are several issues that a General Contractor should consider when including an arbitration clause in its construction agreement with its client. When an arbitration clause is not properly crafted, questions can arise as to who must arbitrate? Who decides whether to arbitrate? Who selects the arbitrator? What will the subject matter of the arbitration be? A look at a recent case in Pennsylvania highlights the need for properly crafted arbitration clauses. A Recent Case Highlights The Importance Of Arbitration Clauses In TEC Construction, LLC v. Greg Rich and Lora Rich filed in the Court of Common Pleas, Allegheny County, Pennsylvania, TEC Construction, LLC (“TEC”) and Greg and Lora Rich (the “Riches”), entered into a Construction Agreement with an arbitration clause. Specifically, the parties to the Construction Agreement, TEC and the Riches, agreed to arbitrate any disputes with the American Arbitration Association. Five subcontractors completed the work under the Construction Agreement but none of the subcontractors agreed to arbitrate. Read the court decision
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    Reprinted courtesy of Stephanie Nolan Deviney, Fox Rothschild LLP (ConsensusDocs)
    Ms. Deviney may be contacted at

    Traub Lieberman Attorneys Burks Smith and Katie Keller Win Daubert Motion Excluding Plaintiff’s Expert’s Testimony in the Middle District of Florida

    September 20, 2021 —
    Traub Lieberman Partner, Burks Smith, and Associate, Katie Keller, represented a national property insurer in a breach of contract action brought by a homeowner in the Middle District of Florida for substantial property damage alleged to have been caused by hail and wind. Throughout the course of litigation, the homeowner disclosed his expert, which is the same individual that prepared the homeowner’s estimate of damages and causation report. The expert’s credentials list that he is a general contractor, independent adjuster, and inspector. Mr. Smith and Ms. Keller moved under Daubert v. Merrell Dow Pharm., Inc., 509 U.S. 579 (1993) and Federal Rule of Evidence 702 to exclude testimony and introduction of any evidence prepared by the homeowner’s expert. Mr. Smith and Ms. Keller argued that the homeowner’s expert was not qualified to render expert testimony in this case, as he did not have the requisite qualifications to render an expert opinion, the methodology utilized by the expert to form his opinion was not sufficiently reliable, and his anticipated testimony was not helpful in the case, as it is imprecise and unspecific. Therefore, the expert’s opinions did not meet the standards for admission of expert testimony as set forth in Daubert v. Merrell Dow Pharm., Inc., 509 U.S. 579 (1993), and should not be admitted as expert testimony at trial. Reprinted courtesy of Burks A. Smith, III, Traub Lieberman and Kathryn Keller, Traub Lieberman Mr. Smith may be contacted at Ms. Keller may be contacted at Read the court decision
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    Reprinted courtesy of

    Five Steps Employers Should Take In the Second Year Of the COVID-19 Pandemic

    March 29, 2021 —
    For the past year, employers faced unprecedented difficulties as they navigated the twists, turns and ever-present challenges the COVID-19 pandemic dished out. A year later, new challenges face employers. The promise of vaccines, the fear of new variants, and the realization that “normal” will never look quite the same, leave many employers to wonder: “what next?”. As employers prepare to enter the second year of the COVID-19 pandemic, here are five things they should plan to do. 1. Update Workplace Safety Measures At the onset of the pandemic, employers struggled to understand the safety obligations involved in preventing the spread of COVID in the workplace. As we approach the second year of the pandemic, clearer legal standards and better science exist requiring employers to update the steps they are taking to keep their workplaces safe. Read the court decision
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    Reprinted courtesy of Laura H. Corvo, White and Williams LLP
    Ms. Corvo may be contacted at

    The Court-Side Seat: FERC Reviews, Panda Power Plaints and Sovereign Immunity

    April 26, 2021 —
    This is a brief report on new environmental law decisions, regulations and legislation. THE U.S. SUPREME COURT Massachusetts Lobsterman’s Association v. Raimondo, Secretary of Commerce On March 22, 2021, the Supreme Court rejected a petition to review a Presidential decision to invoke the Antiquities Act of 1906 to designate as a monument “an area of submerged land about the size of Connecticut” in the Atlantic Ocean. This action forbids all sorts of economic activity, which compelled the filing of litigation in the First Circuit challenging this designation. Chief Justice Roberts supported the Court’s denial of certiorari, but remarked that a stronger legal case may persuade the Court to review such liberal uses of the Antiquities Act. Read the court decision
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    Reprinted courtesy of Anthony B. Cavender, Pillsbury
    Mr. Cavender may be contacted at