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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

    TRI Pointe Merges with Weyerhaeuser’s Real Estate Company

    Statute of Limitations Upheld in Construction Defect Case

    Surplus Lines Carrier Can Force Arbitration in Louisiana Despite Statute Limiting Arbitration

    Corps Issues Draft EIS for Controversial Alaskan Copper Mine

    New California Employment Laws Affect the Construction Industry for 2019

    ASCE Report Calls for Sweeping Changes to Texas Grid Infrastructure

    NLRB Finalizes Rule for Construction Industry Unions to Obtain Majority Support Representational Status

    California Supreme Court Finds that the Notice-Prejudice Rule Applicable to Insurance is a Fundamental Public Policy of the State

    Pollution Exclusion Bars Coverage for Damage Caused by Tar Escaping From Roof

    Nine Firm Members Recognized as Super Lawyers or Rising Stars

    Real Estate & Construction News Roundup (08/15/23) – Manufacturing Soars with CHIPS Act, New Threats to U.S. Infrastructure and AI Innovation for One Company

    Hawaii Appellate Court Finds Duty to Defend Group Builders Case

    Buy Clean California Act Takes Effect on July 1, 2022

    Additional Insured Prevails on Summary Judgment For Duty to Defend, Indemnify

    TLSS Partner Burks Smith and Associate Katie Keller Win Summary Judgment on Late Reported Water Seepage Case in South Florida

    White Collar Overtime Regulations Temporarily Blocked

    When Is a Project Delay Material and Actionable?

    Schools Remain Top Priority in Carolinas as Cleanup From Storms Continues

    Where Do We Go From Here?

    Tall and Sustainable Is Not an Easy Fix

    San Francisco Bay Bridge Tower Rod Fails Test

    Less Than Perfectly Drafted Endorsement Bars Flood Coverage

    No Coverage for Additional Insured After Completion of Operations

    U.S. Tornadoes, Hail Cost Insurers $1 Billion in June

    E-Commerce Logistics Test Limits of Tilt-Up Construction

    Real Protection for Real Estate Assets: Court Ruling Reinforces Importance of D&O Insurance

    Recommendations for Property Owners After A Hurricane: Submit a Claim

    Once Again: Contract Terms Matter

    A Win for Policyholders: Court Finds Flood Exclusion Inapplicable to Plumbing Leaks Caused by Hurricane Rainfall

    Real Estate & Construction News Roundup (5/1/24) – IMF’s Data on Housing, REITs Versus Private Real Estate, and Suburban Versus Urban Office Property Market

    Arizona Supreme Court Leaves Limits on Construction Defects Unclear

    Illinois Appellate Court Addresses Professional Services Exclusion in Homeowners Policy

    Insurer Must Defend Insured Against Construction Defect Claims

    No Coverage For Construction Defect Under Illinois Law

    Pulling Off the Band-Aid

    Federal Court of Appeals Signals an End to Project Labor Agreement Requirements Linked to Development Tax Credits

    BHA has a Nice Swing: Firm Supports Wounded Warrior Project at WCC Seminar

    Ambush Elections are Here—Are You Ready?

    Recording “Un-Neighborly” Documents

    Create a Culture of Safety to Improve Labor Recruitment Efforts

    Subcontractor Strength Will Drive Industry’s Ability to Meet Demand, Overcome Challenges

    Form Contracts are Great, but. . .

    Four Months From Helene, Emergency Repairs Continue in North Carolina

    Coronavirus and Contract Obligations

    New York City Council’s Carbon Emissions Regulation Opposed by Real Estate Board

    Bad Faith Jury Verdict Upheld After Insurer's Failure to Settle Within Policy Limits

    The EEOC Targets Construction Industry For Heightened Enforcement

    How Many Bridges Does the Chesapeake Bay Need?

    Factual Issues Prevent Summary Judgment Determination on Coverage for Additional Insured

    #2 CDJ Topic: Valley Crest Landscape v. Mission Pools
    Corporate Profile

    ANAHEIM CALIFORNIA CONSTRUCTION EXPERT WITNESS
    DIRECTORY AND CAPABILITIES

    With over four thousand building and construction related expert designations, the Anaheim, California Construction Expert Directory provides a single point of reference for construction defect and claims related support to builders, risk managers, and construction practice groups concerned with construction defect, scheduling, and delay claims. BHA provides construction claims investigation and expert services to the construction industry's leading builders and developers, legal professionals, and owners, as well as a variety of state and local government agencies. Utilizing captive resources which comprise construction cost, scheduling, and delay experts, professional engineers, ASPE certified professional estimators, and construction safety professionals, the construction experts group brings national experience and local capabilities to Anaheim and the surrounding areas.

    Anaheim California roofing and waterproofing expert witnessAnaheim California slope failure expert witnessAnaheim California construction project management expert witnessAnaheim California forensic architectAnaheim California construction expert witnessAnaheim California multi family design expert witnessAnaheim California construction scheduling expert witness
    Construction Expert Witness News & Info
    Anaheim, California

    Insured's Collapse Claim Survives Summary Judgment

    October 28, 2024 —
    The insurer's motion for summary judgment seeking to dispose of the insured's claim for collapse was denied. Life Skills, Inc. v. Harleysville Ins. Co., 2024 U.S. Dist. LEXIS 143658 (D. Mass. Aug. 13, 2024). Life Skills was a non-profit social service agency providing residential and day habilitation services to adults with autism and intellectual and developmental disabilities. The head office was covered by a policy issued by Harleysville with building coverage limits of $3,038,300. Damage occurred in a ceramics classroom located in the basement of the building. The floor sank between eight to twelve inches in the northeast corner. The ceramics classroom contained two large kilns weighing approximately 200 pounds. Read the full story...
    Reprinted courtesy of Tred R. Eyerly, Damon Key Leong Kupchak Hastert
    Mr. Eyerly may be contacted at te@hawaiilawyer.com

    Procedural Matters Matter!

    December 10, 2024 —
    As an appellate practitioner, I am keenly aware that sometimes, a procedural matter can doom what would otherwise be a meritorious issue for appeal. Trial attorneys are well-advised to check and double-check procedural rules and case law governing the issues in their cases. Here’s a few recent developments to be aware of. The record on appeal: electronic recordings now available in Santa Clara County. It should not be news to anyone that it is the appellant’s burden to produce an adequate record for appeal. That includes not just the written submissions to the trial court, but also reporter’s transcripts of all proceedings that could have a substantive impact on your case. If you do not have a court reporter present for your hearing, you will be struck trying your best to get an agreed statement or a settled statement should the case go up on appeal. Believe me, that can be a serious challenge. Any omissions or deficiencies are going to result in presumptions made against the appellant. Read the full story...
    Reprinted courtesy of Suzanne M. Nicholson, Wilke Fleury
    Ms. Nicholson may be contacted at snicholson@wilkefleury.com

    Veolia Water Technologies, Inc. v. Antero Treatment LLC: Colorado Court of Appeals Addresses Fraud in Design-Build Contracts

    March 11, 2025 —
    The Colorado Court of Appeals recently issued a significant decision in Veolia Water Technologies, Inc. v. Antero Treatment LLC, 2024 COA 126, clarifying the scope of the economic loss rule and the role of fraudulent misrepresentation in design-build contracts. The case serves as a cautionary tale for both owners and contractors about the importance of transparency and diligence in contractual agreements. Background of the Dispute The dispute arose from a contract between Antero Treatment LLC (“Antero”), a subsidiary of Antero Resources Corporation, and Veolia Water Technologies, Inc. (“Veolia”) for the construction of a wastewater treatment facility in Pennsboro, West Virginia. The facility was designed to treat wastewater from hydraulic fracturing (“fracking”) operations by separating solids and crystallizing them into waste salt, which could then be landfilled, leaving water clean enough for reuse or surface discharge. Read the full story...
    Reprinted courtesy of David McLain, Higgins, Hopkins, McLain & Roswell
    Mr. McLain may be contacted at mclain@hhmrlaw.com

    Business Risk Exclusion Dooms Coverage for Construction Defect Claim

    January 21, 2025 —
    The First Circuit, following Massachusetts law, found that coverage for allegations against the insured contractor for faulty workmanship were barred by the policy's (j) (6) Exclusion. Admiral Ins. Co. v. Tocci Bldg. Corp., 2024 U.S. App. LEXIS 28439 (1st Cir. Nov. 8, 2024). Tocci Building Corporation was the construction manager for an apartment project owned by Toll JM EB Residential Urban Renewal LLC (Toll). There were several work quality issues and delays on the project and Toll eventually terminated Tocci for alleged mismanagement of the project. Toll then filed a lawsuit against Tocci. The claims against Tocci included (1) damage to sheetrock resulting from faulty roof work; (2) mold formation resulting from inadequate sheathing and water getting into the building; and (3) damage to a concrete slab, wood framing, and underground pipes resulting from soil and settlement due to improperly backfill and soil compaction. Read the full story...
    Reprinted courtesy of Tred R. Eyerly, Damon Key Leong Kupchak Hastert
    Mr. Eyerly may be contacted at te@hawaiilawyer.com

    Beyond the Flow-Down Clause: Subcontract Provisions That Can Expose General Contractors to Increased Liability and Inconsistent Outcomes

    December 10, 2024 —
    Flow-down clauses in construction subcontracts—blanket clauses providing that some or all of the terms and conditions in the prime contract between the general contractor and the property owner apply equally between the subcontractor and general contractor—are an important component to managing risk for a general contractor and reducing the likelihood of disputes with either/both the owner and subcontractor. Put simply, flow-down provisions can provide continuity between the general contractor’s obligations to the owner and the subcontractor’s obligations to the general contractor. Properly drafted, flow-down clauses reduce the general contractor’s risk by ensuring that the subcontractor is legally bound to meet the owner’s objectives for the project in the same way as the general contractor. But relying on blanket flow-down clauses, alone, to protect the general contractor is like a soldier going into battle with nothing but a helmet, leaving significant other areas exposed and unprotected. In other words, a general contractor should look beyond just a singular, blanket flow down of terms to ensure its bases are properly covered. Accordingly, this article goes beyond the blanket flow-down clause and highlights several key subcontract provisions where inconsistent obligations among the subcontractor, general contractor, and owner expose the general contractor to increased liability and inconsistent outcomes. Specifically, this article will examine disputes resolution clauses, liquidating provisions, notice provisions, and termination provisions. However, this article will not provide a deep examination of these clauses, nor does it highlight every potentially relevant clause. Rather, it focuses on these select clauses to highlight important issues associated with flow-down provisions. Read the full story...
    Reprinted courtesy of Phillip L. Parham III, Jones Walker LLP
    Mr. Parham may be contacted at pparham@joneswalker.com

    What You Say...

    February 25, 2025 —
    ... and where you say it matters! In a case highlighting a trap for the unwary, the United States Fifth Circuit Court of Appeals held that the language in a federal court order of dismissal significantly impacts the ability of that court to subsequently enforce a related settlement agreement. Plaintiffs sought to halt the foreclosure of their home mortgage. After reaching a settlement with the defendants, the parties filed a Joint Stipulation to Dismiss under Federal Rule of Civil Procedure 41(a)(1)(A)(ii), which motion included a provision for the court to retain jurisdiction to enforce the settlement terms. However, the subsequent order of dismissal with prejudice failed to announce that the district court explicitly retained jurisdiction, and likewise did not incorporate the settlement terms – despite the language in the stipulation which led to the order. Read the full story...
    Reprinted courtesy of Daniel Lund III, Phelps
    Mr. Lund may be contacted at daniel.lund@phelps.com

    Dozens Missing in LA as High Winds Threaten to Spark More Fires

    January 14, 2025 —
    Hot, dry winds are pummeling Los Angeles and surrounding areas of Southern California, raising wildfire risks through at least Wednesday as the region reels from blazes that have killed at least 24 people and burned neighborhoods to the ground. Tropical-storm-strength winds were raking the mountains around LA on Tuesday, with gusts reaching 60 miles (97 kilometers) per hour. About 2 million people face extreme fire conditions across a swath of land that includes Oxnard, Thousand Oaks and Simi Valley, according to the US Storm Prediction Center. Red-flag fire warnings extend south to San Diego. Reprinted courtesy of Laura Curtis, Bloomberg and Brian K Sullivan, Bloomberg Read the full story...

    Federal Court Sets High Bar for Pleading Products Liability Cases in New Jersey

    November 11, 2024 —
    Products liability is an area of law that both sides of the aisle vigorously litigate. Like in most litigation, products liability claims provide subrogation attorneys with an important means of prosecuting cases against manufacturers, sellers, and other entities in the stream of commerce. Of course, these claims also come with numerous “buyer beware” requirements. New Jersey allows products liability claims and the United States District Court for the District of New Jersey (District Court) clarified how such claims should be plead in Cambridge Mut. Fire Ins. Co. a/s/o David Krug vs. Stihl, Inc., No. 22-05893, 2024 U.S. Dist. LEXIS 178804 (D. N.J.). After becoming subrogated to the rights of its insured, Cambridge Mutual Fire Insurance Company (Cambridge) filed suit against Stihl, Inc. (Stihl) in the Superior Court of New Jersey, Morris County, Law Division. Stihl then removed the case to federal court. Once in federal court, Stihl filed a motion to dismiss the action. The District Court granted the motion, doing so in part with prejudice and in part without prejudice. Read the full story...
    Reprinted courtesy of Lian Skaf, White and Williams LLP
    Mr. Skaf may be contacted at skafl@whiteandwilliams.com