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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:

    Construction Expert Witness Contractors Licensing
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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
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    44404 16th St W Suite 107
    Lancaster, CA 93535

    Construction Expert Witness News and Information
    For Anaheim California

    John O’Meara is Selected as America’s Top 100 Civil Defense Litigators

    Party Loses Additional Insured Argument by Improper Pleading

    Structural Failure of Precast-Concrete Span Sets Back Sydney Metro Job

    Everyone’s Working From Home Due to the Coronavirus – Is There Insurance Coverage for a Data Breach?

    Contracts and Fraud Don’t Mix (Even for Lawyers!)

    Construction Feb. Jobs Jump by 61,000, Jobless Rate Up from Jan.

    Industry Standard and Sole Negligence Defenses Can’t Fix a Defect

    Cooperation and Collaboration With Government May Be on the Horizon

    Administrative and Environmental Law Cases Decided During the U.S. Supreme Court’s 2017-2018 Term

    Construction Spending Drops in March

    Construction Down in Twin Cities Area

    Arizona Purchaser Dwelling Actions Are Subject to a New Construction

    Hawaii Court Looks at Changes to Construction Defect Coverage after Changes in Law

    Product Liability Alert: “Sophisticated User” Defense Not Available by Showing Existence of a “Sophisticated Intermediary”

    Burlingame Construction Defect Case Heading to Trial

    Why Financial Advisers Still Hate Reverse Mortgages

    The Comcast Project is Not Likely to Be Shut Down Too Long

    Named Insured’s Liability Found Irrelevant to Additional Insured’s Coverage Under a Landlords and Lessors Additional Insured Endorsement

    Superintendent’s On-Site Supervision Compensable as Labor Under Miller Act

    Pinnacle Controls in Verano

    Court Provides Guidance on ‘Pay-When-Paid’ Provisions in Construction Subcontracts

    Are Untimely Repairs an “Occurrence” Triggering CGL Coverage?

    Contract And IP Implications Of Design Professionals Monetizing Non-Fungible Tokens Comprising Digital Construction Designs

    Real Estate & Construction News Round-Up (11/03/21)

    Wisconsin Supreme Court Abandons "Integrated Systems Analysis" for Determining Property Damage

    Construction Demand Unsteady, Gains in Some Regions

    US Proposes Energy Efficiency Standards for Federal Buildings

    Bailout for an Improperly Drafted Indemnification Provision

    Axa Unveils Plans to Transform ‘Stump’ Into London Skyscraper

    Ten-Year Statute Of Repose To Sue For Latent Construction Defects

    Engineer Probing Champlain Towers Debacle Eyes Possibility of Three Successive Collapses

    Statute of Frauds Applies to Sale of Real Property

    MSJ Granted Equates to a Huge Victory for BWB&O & City of Murrieta Fire Department!

    CA Supreme Court Permits Insurers to Bring Direct Actions Seeking Reimbursement of Excessive Fees Against Cumis Counsel Under Limited Circumstances

    Extreme Weather Events Show Why the Construction Supply Chain Needs a Risk-Management Transformation

    If You Don’t Like the PPP Now, Wait a Few Minutes…Major Changes to PPP Loan Program as Congress Passes Payroll Protection Program Flexibility Act

    How the Science of Infection Can Make Cities Stronger

    Defect Claims Called “Witch Hunt”

    Colorado Trench Collapse Kills Two

    Water Bond Would Authorize $7.5 Billion for California Water Supply Infrastructure Projects

    Fifth Circuit -- Damage to Property Beyond Insured’s Product/Work Not Precluded By ‘Your Product/Your Work Exclusion’

    It’s All a Matter of [Statutory] Construction: Supreme Court Narrowly Interprets the Good Faith Dispute Exception to Prompt Payment Requirements in United Riggers & Erectors, Inc. v. Coast Iron & Steel Co.

    Time to Reform Construction Defect Law in Nevada

    As Natural Gas Expands in Gulf, Residents Fear Rising Damage

    Warning! Danger Ahead for Public Entities

    Steps to Defending against Construction Defect Lawsuits

    Happenings in and around the West Coast Casualty Seminar

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

    When Employer’s Liability Coverage May Be Limited in New York

    Ninth Circuit Holds Efficient Proximate Cause Doctrine Applies Beyond All-Risk Policies
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    Through more than four thousand construction, architectural, and engineering related expert designations, the Anaheim, California Construction Expert Directory provides a streamlined multi-disciplinary expert retention and support solution to developers, risk managers, and construction claims professionals concerned with construction defect, scheduling, and delay claims. BHA provides building claims investigation, testimony, and support 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 in house resources which comprise building envelope and design experts, forensic engineers, forensic architects, and construction cost and scheduling consultants, 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 expert witness structural engineerAnaheim California construction scheduling expert witnessAnaheim California construction project management expert witnessesAnaheim California expert witness concrete failureAnaheim California building envelope expert witnessAnaheim California construction expert witness public projects
    Construction Expert Witness News & Info
    Anaheim, California

    OPINION: Stop Requiring Exhibit Lists!

    September 18, 2023 —
    You are conducting the final hearing of a high-dollar construction arbitration. Opposing counsel hands you the next document that counsel plans to use in questioning the witness on the stand. You notice that the document is bates stamped but has no exhibit number. So, you quickly consult opposing counsel’s exhibit list and – gasp – you find that the document is not on the list. What do you do? Do you object? Assuming this is not your first construction arbitration hearing, you do not object. Why? Because your objection would be futile. Construction arbitrators simply do not exclude evidence on the basis that it does not appear on an exhibit list. (Evidence not produced in discovery or otherwise previously provided might be a different case.) In an informal poll of a dozen construction lawyers conducted by this author, not one reported evidence being excluded solely because it did not appear on an exhibit list. This remained true even when the applicable case management order purported to prohibit the introduction of evidence not on an exhibit list. Thus, to be used in an arbitration hearing, documents must appear on an exhibit list, unless they don’t, in which case you can use them anyway. So far, so pointless. Read the full story...
    Reprinted courtesy of Todd Heffner, Troutman Pepper
    Mr. Heffner may be contacted at

    Ohio Supreme Court Rules That Wrongful Death Claims Are Subject to the Four-Year Statute of Repose for Medical Claims

    January 16, 2024 —
    Cleveland, Ohio (January 2, 2024) - In a landmark 4-3 ruling, the Supreme Court of Ohio ruled on December 28 that wrongful death claims are subject to the four-year statute of repose contained in O.R.C. 2305.113(C) (“Medical Claim Statute of Repose”). Everhart v. Coshocton County Memorial Hospital, Slip No. 2023-Ohio-4670. Statutes of repose create an absolute bar to filing a lawsuit. When applicable, they bar plaintiffs from filing claims outside a specified time frame. The Medical Claim Statute of Repose creates a four-year window for commencing medical claims, which begins to run from “the occurrence of the act or omission constituting the alleged basis of the medical…claim.” O.R.C. 2305.113(C)(1). Medical claims commenced after the four-year period are barred. The primary question before the Court was whether a wrongful death claim, which is separate and distinct from a medical negligence claim, can qualify as a “medical claim” within the context of the Medical Claim Statute of Repose. The Court answered in the affirmative. A wrongful death claim can qualify as a medical claim if the wrongful death claim “…arises out the medical diagnosis, care, or treatment, of any person.” O.R.C. 2305.113(E)(3). According to the majority, a wrongful death claim can fall within the broad definition of “medical claim” and, if it does, is subject to the Medical Claim Statute of Repose. Read the full story...
    Reprinted courtesy of Lewis Brisbois

    Eleventh Circuit Affirms Jury Verdict on Covered Property Loss

    September 06, 2023 —
    The Eleventh Circuit affirmed the district court's denial of a motion for a new trial after the jury determined the insurer owed policy benefits for hurricane damage to the insured's property. AM Grand Court Lakes LLC v. Rockhill Ins. Co., 2023 U.S. App. 13902 (11th Cir. June 5, 2023). AM Grand owned a group of buildings that were operated as an assisted living facility. The facility comprised five buildings, each of which was five stories tall. Hurricane Irma caused damage to the property. AM Grand hired a public aduster, Five Star Claims Adjustoing, to assist with its claim. Five Star concluded that the roofs of all five buildings had been damaged in the hurricane and needed to be replaced. The estimated cost was approximately $1,200,000 to replace all the roofs. Read the full story...
    Reprinted courtesy of Tred R. Eyerly, Damon Key Leong Kupchak Hastert
    Mr. Traub may be contacted at

    Judge Who Oversees Mass. Asbestos Docket Takes New Role As Chief Justice of Superior Court

    January 02, 2024 —
    Boston, Mass. (December 13, 2023) - Judge Michael Ricciuti, who presides over the Massachusetts state asbestos litigation docket, has been appointed to a new role as Chief Justice of Massachusetts Superior Court, effective December 22, 2023. The appointment is expected to result in the end of his tenure overseeing the state asbestos litigation. Judge Ricciuti was appointed by Governor Charlie Baker to the Superior Court in 2017. He has served in five counties and serves six-month rotations in the Business Litigation Session, in addition to his role overseeing the Massachusetts Asbestos Litigation docket. His current committee participation includes serving on the Superior Court Judicial Education Committee and the Supreme Judicial Court Advisory Committee on Massachusetts Evidence Law. He also serves as a judicial mentor. Read the full story...
    Reprinted courtesy of Lewis Brisbois

    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

    September 25, 2023 —
    In our latest roundup, wildfires wreak havoc in Maui, JLL unveils an AI specifically for commercial real estate, the lasting effects of the CHIPS ACT, and more!
    • So far, 11,000 JLL employees have used the company’s new proprietary large language model that has generative AI capabilities specifically for the commercial real estate industry. (Lindsey Wilkinson, Construction Dive)
    • Since the enactment of the CHIPS Act, manufacturing activity has boomed with a nearly 80% increase from June 2022. (Sebastian Obando and Julia Himmel, Construction Dive)
    • Construction-tech-focused investors among others have poured $35 million into an Israeli startup that develops leakage detection technology using artificial intelligence to prevent water damage. (Sharon Wrobel, Times of Israel)
    Read the full story...
    Reprinted courtesy of Pillsbury's Construction & Real Estate Law Team

    Congratulations to Haight Attorneys Selected to the 2024 Southern California Super Lawyers List

    January 29, 2024 —
    Haight attorneys have been selected to the 2024 Southern California Super Lawyers list. Congratulations to:
    • Bruce Cleeland
    • Peter A. Dubrawski
    • Angela S. Haskins
    • Gary L. LaHendro
    • Denis J. Moriarty
    • Jennifer K. Saunders
    Read the full story...
    Reprinted courtesy of Haight Brown & Bonesteel LLP

    Federal Energy Regulator Approves Rule to Speed Clean Energy Grid Links

    August 28, 2023 —
    The Federal Energy Regulatory Commission unanimously passed a sweeping rule at its July 27 open meeting meant to eliminate U.S. transmission system bottlenecks for new power generation and storage. But stakeholders worry that more needs to be done to add needed and viable clean energy projects to the grid. Reprinted courtesy of Mary B. Powers, Engineering News-Record and Debra K. Rubin, Engineering News-Record ENR may be contacted at Ms. Rubin may be contacted at Read the full story...

    GOP, States, Industry Challenge EPA Project Water Impact Rule

    January 02, 2024 —
    Days after the Biden administration rule reinstated state authority under the U.S. Clean Water Act to delay or deny construction permits on projects with water quality impacts, attorneys general from 11 Republican-led states, along with the American Petroleum Association, National Hydropower Association and Interstate Natural Gas Association of America, filed suit in federal court. Reprinted courtesy of Pam McFarland, Engineering News-Record Ms. McFarland may be contacted at Read the full story...