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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:

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    Commercial and Residential Contractors License Required.

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    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

    When is a “Notice of Completion” on a California Private Works Construction Project Valid? Why Does It Matter for My Collection Rights?

    Pandemic Magnifies Financial Risk in Construction: What Executives Can Do to Speed up Customer Payments

    Contractors Can No Longer Make Roof Repairs Following Their Own Inspections

    Scope of Alaska’s Dump Lien Statute Substantially Reduced For Natural Gas Contractors

    The NAR asks FAA to Amend their Drone Rules for Real Estate Use

    Property Insurance Exclusion: Leakage of Water Over 14 Days or More

    Insurer’s Duty to Defend: When is it Triggered? When is it Not?

    Building Recovery Comes to Las Vegas, Provides Relief

    Economist Predicts Housing Starts to Rise in 2014

    Barratt Said to Suspend Staff as Contract Probe Continues

    School Blown Down by Wind Still Set to Open on Schedule

    Rio Olympic Infrastructure Costs of $2.3 Billion Are Set to Rise

    Trump Soho May Abandon Condos to Operate Mainly as Hotel

    Pay Inequities Are a Symptom of Broader Gender Biases, Studies Show

    Surety's Settlement Without Principal's Consent Is Not Bad Faith

    The Difference Between Routine Document Destruction and Spoliation

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    Join: Computer Science Meets Construction

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

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    When Do Hard-Nosed Negotiations Become Coercion? Or, When Should You Feel Unlucky?

    Bad News for Buyers: U.S. Mortgage Rates Hit Highest Since 2014

    Town Sues over Defective Work on Sewer Lines

    The Texas Supreme Court Limits the Use of the Economic Loss Rule

    A Landlord’s Guide to California’s New Statewide Rent Control Laws

    U.K. to Set Out Plan for Fire-Risk Apartment Cladding Crisis

    Study May Come Too Late for Construction Defect Bill

    Miller Act Payment Bond Surety Bound to Arbitration Award

    CDJ’s #7 Topic of the Year: The Las Vegas Harmon Hotel Year-Long Demolition & Trial Begins

    Around the State

    Benefits to Insureds Under Property Insurance Policy – Concurrent Cause Doctrine

    New Jersey’s Governor Puts Construction Firms on Formal Notice of His Focus on Misclassification of Workers as Independent Contractors

    New York Assembly Reconsiders ‘Bad Faith’ Bill

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    Construction Bright Spot in Indianapolis

    Employee or Independent Contractor? New Administrator’s Interpretation Issued by Department of Labor Provides Guidance

    Concerns Over Unstable Tappan Zee Bridge Push Back Opening of New NY Bridge's Second Span

    New American Home Construction Nears Completion Despite Obstacles

    Nevada Court Adopts Efficient Proximate Cause Doctrine

    South Carolina Law Clarifies Statue of Repose

    City of Pawtucket Considering Forensic Investigation of Tower

    Subcontractors Have Remedies, Even if “Pay-if-Paid” Provisions are Enforced

    Citigroup Pays Record $697 Million for Hong Kong Office Tower

    Subcontractor’s Miller Act Payment Bond Claim

    One World Trade Center Due to Be America’s Tallest and World’s Priciest

    The DOL Claims Most Independent Contractors Are Employees

    New York’s Lawsky Proposes Changes to Reduce Home Foreclosures

    When Construction Defects Appear, Don’t Choose Between Rebuilding and Building Your Case

    IoT: Take Guessing Out of the Concrete Drying Process

    Washington State Enacts Law Restricting Non-Compete Agreements
    Corporate Profile


    With over four thousand building 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 concerned with construction defect and claims litigation. BHA provides construction claims investigation and expert services to the nation's leading construction practice groups, Fortune 500 builders, general liability carriers, owners, as well as a variety of public entities. Utilizing captive resources which comprise construction standard of care consultants, registered architects, professional engineers, and credentialed building envelope experts, the organization brings national experience and local capabilities to Anaheim and the surrounding areas.

    Anaheim California construction scheduling and change order evaluation expert witnessAnaheim California civil engineer expert witnessAnaheim California construction claims expert witnessAnaheim California expert witness roofingAnaheim California delay claim expert witnessAnaheim California construction expertsAnaheim California multi family design expert witness
    Construction Expert Witness News & Info
    Anaheim, California

    The Almost-Collapse of a Sarasota, Florida Condo Building

    July 11, 2021 —
    Five years ago, residents of the Dolphin Tower in Sarasota, Florida were forced to evacuate after cracks appeared in their fourth-floor condominium units. “My assistant calls me and says, ‘[Kris] thinks the building is falling down,’” David Karins of Karins Engineering told Sarasota Magazine. “I said, ‘I doubt that.’ Then I got there and saw what was going on and I said, ‘You know, the building may be falling down.’” In July of 2010, city officials ordered all residents to evacuate. Five years and $11 million dollars in rehabilitation and residents were finally able to move back in last month. The Herald-Tribune had previously interviewed John Bonacci, an engineer at Sarasota’s Karins Engineering: “I’d say yes, there was grave danger. It was luck that it didn’t come all the way down. Getting shoring in there quickly was instrumental in preventing it from collapsing.” Read the full story, Sarasota Magazine... Read the full story, Herald-Tribune... Read the court decision
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    Reprinted courtesy of

    Trade Contract Revisions to Address COVID-19

    August 23, 2021 —
    Many trade contracts contain a clause that may protect trade contractors from catastrophic events like pandemics. These clauses are known as force-majeure clauses (covering acts of God). They basically say if these unavoidable events happen, the contractor is relieved of its obligations to the extent of the impact. However, many common industry forms have not been updated to specifically address COVID-19. (They may be waiting to see how the courts treat their existing language first.) So to ensure impacts from COVID-19 are covered, a trade contractor should consider expressly adding it to the force-majeure clause. See the example below. Notably, typical force-majeure clauses do not say the trade contractor gets more money. So an escalation clause could be added to the force-majeure clause. Read the court decision
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    Reprinted courtesy of David R. Cook, Autry, Hall & Cook, LLP
    Mr. Cook may be contacted at

    Additional Elements a Plaintiff Must Plead and Prove to Enforce Restrictive Covenant

    April 19, 2021 —
    Florida Statute s. 542.335 is a statute that deals with restrictive covenants in contracts that impose a restraint on trade. It is an important statute to determine invalid restraints on trade that unreasonably or unfairly prevent competition. Any invalid restraint on trade is unenforceable. Restrictive covenants–or covenants in agreements that restrict you or prevent you from doing something–may unsuspectingly be included in contracts or the impact of the restrictive covenant may not be appreciated at the onset. A party seeking to enforce a restrictive covenant in a contract has the additional burden of PROVING the validity and reasonableness of the restrictive covenant:
    Under section 542.335, three requirements must be satisfied for a restrictive covenant to be enforceable: (1) the restrictive covenant must be “set forth in a writing signed by the person against whom enforcement is sought”; (2) the party seeking to enforce the restrictive covenant “shall plead and prove the existence of one or more legitimate business interests justifying the restrictive covenant”; and (3) the party seeking to enforce the restrictive covenant “shall plead and prove that the contractually specified restraint is reasonably necessary to protect the legitimate business interest or interests justifying the restriction.”
    Read the court decision
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    Reprinted courtesy of David Adelstein, Kirwin Norris, P.A.
    Mr. Adelstein may be contacted at

    Florida Supreme Court Adopts Federal Summary Judgment Standard, Substantially Conforming Florida’s Rule 1.510 to Federal Rule 56

    June 07, 2021 —
    Effective May 1, 2021, the Florida courts will transition to a new summary judgment standard meant to “align Florida’s summary judgment standard with that of the federal courts and of the supermajority of states that have already adopted the federal summary judgment standard.” In re Amends. to Fla. Rule of Civ. Pro. 1.510, 309 So. 3d 192, 192 (Fla. 2020). Consistent with this amendment, Florida Rule of Civil Procedure 1.510 has been amended to adopt the federal summary judgment rule, with exceptions for timing-related issues. The Florida Supreme Court’s most recent opinion on rule 1.510 and the text of new rule 1.510 can be found here. As background, on December 31, 2020, the Florida Supreme Court adopted the federal summary judgment standard by amending Florida Rule of Civil Procedure 1.510(c) to include the following sentence: “The summary judgment standard provided for in this rule shall be construed and applied in accordance with the federal summary judgment standard articulated in Celotex Corp. v. Catrett, 477 U.S. 317 (1986); Anderson v. Liberty Lobby, Inc., 477 U.S. 242 (1976); and Matsushita Electric Industrial Co. v. Zenith Radio Corp., 475 U.S. 574 (1986) [(the ‘Celotex trilogy’)].” In re Amends. to Fla. Rule of Civ. Pro. 1.510, 309 So. 3d at 196. The court’s amendment was slated to take effect on May 1, 2021, subject to a public comment period. The court also sought guidance from the Florida Bar’s Civil Procedure Rules Committee. After careful consideration of numerous responses, the court ultimately chose to adopt the substance of the text from federal rule 56. Along with its amendments, the court provides substantial guidance as to how the Florida courts and practitioners should interpret the new rule. A summary of the court’s thorough discussion follows. Read the court decision
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    Reprinted courtesy of Lewis Brisbois

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

    July 19, 2021 —
    A Florida congresswoman called for stricter federal building-safety standards on Thursday to prevent a repeat of the condominium collapse that killed at least 60 people and left dozens more missing in her state. Representative Debbie Wasserman Schultz, a Democrat whose congressional district includes the condo development in Surfside, said more buildings could collapse or break down as they age and the federal government needed to have a “minimum floor” of safety requirements. “We do have standards that are tangentially related at the federal level and so I do think it’s important to look into what standards should be adopted at the national level, at a minimum, because this is a tragedy of epic proportions,” she said on Bloomberg Television’s “Balance of Power” with David Westin. “We can’t allow this to ever happen again.” Read the court decision
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    Reprinted courtesy of Parker Purifoy, Bloomberg

    Implied Warranty Claims–Not Just a Seller’s Risk: Builders Beware!

    May 10, 2021 —
    One of the thorns in the side of every construction defect defense litigator is the implied warranty claim. The “implied warranty” is a promise that Colorado law is “implied” into every contract for a sale of a new home that the home was built in a workmanlike manner and is suitable for habitation. Defense attorneys dislike the implied warranty claim because it is akin to a strict liability standard. All that is required to provide the claim is that an aspect of construction is found to be defective — i.e., inconsistent with the building code or manufacturer’s installation instructions — regardless of whether the work was performed to the standard of care. The implied warranty claim is therefore easier to prove than a negligence claim, where a claimant must prove that a construction professional’s work fell below a standard of reasonable care. Additionally, it is not a defense to an implied warranty claim that the homeowners or the HOA are, themselves, partially liable for the defects where damage is due in part to insufficient or deferred maintenance, as it is for negligence claims. The only redeeming aspect to the implied warranty claim was that, until recently, it was believed that it could only be asserted by a first purchaser against the seller of an improvement, because the implied warranty arises out of the sale contract. Recently, the Colorado Court of Appeals opinion in Brooktree Village Homeowners Association v. Brooktree Village, LLC, 19CA1635, decided on November 19, 2020, extended the reach of the implied warranty — though just how far remains to be seen. Specifically, a division of the Court of Appeals held that an HOA can assert implied warranty claims on behalf of its members for defects in common areas, even where there is no direct contractual relationship between the parties to base the warranty upon. Read the court decision
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    Reprinted courtesy of Carin Ramirez, Higgins, Hopkins, McLain & Roswell, LLC
    Ms. Ramirez may be contacted at

    How to Protect a Construction-Related Invention

    May 10, 2021 —
    They say necessity is mother of invention. That was surely true for Johan Vaaler, who in 1899 decided he was tired of having to sew pages together to keep them organized. Voila, enter the paper clip. This wasn’t the case for Percy Spencer. He was a radar tube designer working at Raytheon who, while working in front of an active radar set, noticed the candy bar in his pocket started to melt. Exploring the phenomenon further, he placed corn kernels in front of the radar and behold, he ended up with the world’s first microwaved popcorn. He patented the microwave oven in 1945. Whether by necessity or by accident, what should contractors do if they develop a unique tool to accomplish some portion of their work faster, easier or less expensively? How do they protect it from misappropriation by competitors, or by an errant employee? We are all familiar with the fact that in today’s internet-driven market, it has become very easy to reverse engineer and knock off an innovative product. The best way to safeguard an invention is, of course, to register it with the appropriate government agency:the United States Patent and Trademark Office (USPTO). Generally done with the assistance of a patent lawyer, the process is neither inexpensive or abbreviated. It could cost several thousand dollars and take 12 to 18 months. But, more importantly, this is not sufficient. Inventors must regularly monitor their patents to police possible infringers. Many folks think the USPTO does this, but it does not. Reprinted courtesy of Patrick Barthet, Construction Executive, a publication of Associated Builders and Contractors. All rights reserved. Read the court decision
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    Reprinted courtesy of
    Mr. Barthet may be contacted at

    Attorney-Client Privilege in the Age of Cyber Breaches

    October 18, 2021 —
    Investigations and forensic reports relating to a cybersecurity breach may not always be protected by the attorney-client privilege or work product protection. Companies seeking such reports after a data breach must take caution to protect them from a possible waiver of privilege in the event of subsequent litigation relating to a data breach. The following recent cases highlight the potential waiver of privilege in light of the preparation of a forensic report.
    1. In re Capital One Consumer Data Security Breach Litigation, 2020 WL 3470261 (E.D. Va. June 25, 2020)
    • After a data breach occurred, Capital One retained a law firm that later entered into an agreement with Mandiant for various cyber-related services (including incident remediation), which required that Mandiant provide deliverables to the firm, rather than to Capitol One. In re Capital One Consumer Data Security Breach Litigation, 2020 WL 2731238, at *1 (E.D. Va. June 25, 2020). Plaintiffs sought release of the report created by Mandiant (regarding the factors leading to the breach), arguing that it was prepared for business and regulatory purposes and therefore was not privileged, while Capital One argued that the report was privileged because it was prepared in anticipation of litigation. Ibid. The Court determined that Capital One did not carry its burden of establishing that the report was protected by the attorney work-product doctrine and ordered that Capital One produce the report. Id. at *7. In its reasoning, the Court stated that the fact that there is litigation does not, by itself, provide prepared materials with work-product protection. Ibid. The work-product protection applies when a party faces a claim following an event that may result in litigation, and the work product would not have been prepared in a substantially similar form but for the prospect of that litigation. Ibid.
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    Reprinted courtesy of Shaia Araghi, Newmeyer Dillion
    Ms. Araghi may be contacted at