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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
    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

    Travelers v. Larimer County and the Concept of Covered Cause of Loss

    White And Williams Celebrates Chambers USA Guide 2025 Rankings

    New Law Raises Standard for Defense Experts as to Medical Causation

    Arizona Supreme Court Leaves Limits on Construction Defects Unclear

    Andrea DeField Recognized In 2024 List of Influential Business Women By South Florida Business Journal

    Bert L. Howe & Associates Returns as a Sponsor at the 30th Annual Construction Law Conference in San Antonio

    A Proactive Approach to Construction Safety

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    Rio Olympics Work Was a Mess and Then Something Curious Happened

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    Dispute Review Boards for Real-Time Dispute Avoidance and Resolution

    Failing to Pay Prevailing Wages May Have Just Cost You More Than You Thought

    Job Growth Seen as Good News for North Carolina Housing Market

    Mark Van Wonterghem To Serve as Senior Forensic Consultant in the Sacramento Offices of Bert L. Howe & Associates, Inc.

    Deterioration Known To Insured Forecloses Collapse Coverage

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    Students for Fair Admissions: Shaking the Foundations of EEOC Programs and M/WBE Requirements

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    Successful KF Defense Results in Dismissal with Prejudice

    Tort Claims Against an Alter Ego May Be Considered an Action “On a Contract” for the Purposes of an Attorneys’ Fees Award under California Civil Code section 1717

    Real Estate & Construction News Round-Up (09/21/22) – 3D Printing, Sustainable Design, and the Housing Market Correction

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    Construction Contracts and The Uniform Commercial Code: When Does it Apply and Understanding the Pre-Dominant Factor Test
    Corporate Profile

    ANAHEIM CALIFORNIA CONSTRUCTION EXPERT WITNESS
    DIRECTORY AND CAPABILITIES

    Leveraging from more than 4500 construction and design related expert witness designations, the Anaheim, California Construction Expert Directory delivers a comprehensive construction and design expert support solution to builders and construction claims professionals concerned with construction defect, scheduling, and delay matters. BHA provides construction claims and trial 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 credentialed construction consultants, NCARB certified architects, forensic engineers, building envelope and design experts, the firm brings regional experience and local capabilities to Anaheim and the surrounding areas.

    Anaheim California slope failure expert witnessAnaheim California soil failure expert witnessAnaheim California construction safety expertAnaheim California testifying construction expert witnessAnaheim California construction forensic expert witnessAnaheim California roofing and waterproofing expert witnessAnaheim California construction expert witnesses
    Construction Expert Witness News & Info
    Anaheim, California

    Reminder: You Can’t Make Others Indemnify You for Your Own Actions

    January 13, 2026 —
    I have spoken about Virginia Code 11-4.1 and the prohibition on forcing others to indemnify for the actions of the indemnitees on a few occasions here at Construction Law Musings (See Uniwest Posts). The Western District of Virginia gave its take on indemnification clauses and why they need to be carefully drafted in a December 2024 case, Sauer Construction, LLC v. MC3 Solutions, LLC et al. In Sauer, the Court looked at, among other things, an indemnification provision between MC3, a subcontractor to Sauer, and MC3s sub-subcontractor, Bonitz Flooring Group. This was the relatively typical construction dispute where a general contractor sues a subcontractor and then that subcontractor sues its supplier and sub-subcontractors for indemnity pursuant to its contract. When faced with the indemnification claim, Bonitz argued that the indemnification provision violated the Va. Code 11-4.1 because it required Bonitz to indemnify MC3 for MC3’s actions. The provision follows the break. Read the full story...
    Reprinted courtesy of The Law Office of Christopher G. Hill
    Mr. Hill may be contacted at chrisghill@constructionlawva.com

    New York Team Secures Dismissal of Premises Liability Action Against Client

    May 26, 2026 —
    New York Associate Nicole Koch and Partner Jennine Gerrard recently secured a complete dismissal of a plaintiff’s claims for injuries following a fall in front of a client’s business at an outdoor mall. The plaintiff alleged that she was walking on the sidewalk outside of the client's hair care supply store in the Bronx in May 2024 when she tripped and fell on a broken/defective portion of the sidewalk. As a result of the accident, the plaintiff suffered injuries to her spine, hip, wrist, and both knees. She proceeded to file suit in New York County Supreme Court against Lewis Brisbois’ client and the landlord for the property. Read the full story...
    Reprinted courtesy of Lewis Brisbois

    Real Estate & Construction News Roundup (3/18/25) – Data Center Frenzy, China’s Expanding REIT Market and Tariff-Affected Construction Costs

    March 31, 2026 —
    In our latest roundup, relistings reached highest total in a decade, Florida State Legislature passes bill to increase the state’s housing supply, data center construction adapts to changes and more!
    • The data center construction frenzy and a new, potentially larger highway bill were top of mind for builders during the latest round of contractor earnings calls and financial reports. (Joe Bousquin, Construction Dive)
    • Tariffs and associated policy uncertainty have increased construction costs and delayed leasing and investment choices. (J.P. Morgan)
    • Relistings hit the highest January figure since Redfin began tracking this metric a decade ago. (Diana Olick, CNBC).
    Read the full story...
    Reprinted courtesy of Pillsbury's Construction & Real Estate Law Team

    Top Developments 2025 - Issue 4

    December 22, 2025 —
    “ARISING OUT OF” Rowe v. State Mut. Ins. Co., 2025 Me. LEXIS 89 (Me., Sept. 23, 2025) Maine Supreme Court, in the premises liability context, holds that an exclusion in a mobile homeowners policy for injury or damage "arising out of a premises . . . that is not an insured location'” precluded coverage for underlying negligent failure-to-warn claims. The court looked to authority from a workers compensation case, where it stated that “the term ‘arising out of' employment means that there must be some causal connection between the conditions under which the employee worked and the injury, or that the injury, in some proximate way, had its origin, its source, or its cause in the employment. . . . [T]he employment need not be the sole or predominant causal factor for the injury and . . . the causative circumstance need not have been foreseen or expected.” In this case, it found there to be “an immediate relationship between the injury and a condition of the uninsured premises” (specifically, a gap created by the owner-insured at the entrance to a mobile home), and rejected the claimant’s argument that the injury instead arose from the insureds’ negligent conduct in failing to warn. Separately, the court held that the property did not qualify as an “insured location,” reasoning it was not listed in the declarations and there was no evidence the insureds had resided there or acquired it for use as a residence. Reprinted courtesy of John S. Anooshian, White and Williams LLP, Paul A. Briganti, White and Williams LLP, Elizabeth L. Ferguson, White and Williams LLP, Alexandra M. George, White and Williams LLP and Haley S. Newman, White and Williams LLP Mr. Anooshian may be contacted at anooshianj@whiteandwilliams.com Mr. Briganti may be contacted at brigantip@whiteandwilliams.com Ms. Ferguson may be contacted at fergusone@whiteandwilliams.com Ms. Newman may be contacted at newmanh@whiteandwilliams.com Read the full story...

    USDOT’s DBE Interim Final Rule: How It Affects Current and Out-to-Bid DOT and Airport Projects

    June 15, 2026 —
    In our April 16, 2026 post, we discussed the U.S. Department of Transportation’s Interim Final Rule (IFR) concerning Disadvantaged Business Enterprise (DBE) and Airport Concession Disadvantaged Business Enterprise (ACDBE) certification, specifically as it concerns transportation and airport projects in California. This post addresses a broader question: What does the IFR mean for current and out-to-bid DOT projects operating under pre-existing DBE goals? The answer is that the IFR did more than change who qualifies as a DBE. It also changed how federally funded transportation and airport projects must be handled during the re-evaluation period. This affects active contracts, pending procurements, airport projects, design-build teams, and anyone relying on old assumptions about DBE goals and counting of DBE and ACDBE credit. Read the full story...
    Reprinted courtesy of Zachary F. Jacobson, Seyfarth Shaw LLP
    Mr. Jacobson may be contacted at zjacobson@seyfarth.com

    Don’t Ignore Prejudgment Interest

    February 02, 2026 —
    When it comes to contracts, there may be a clause that provides that untimely payments shall bear interest at a particular rate. Or it may be the statutory rate. That clause will come into play when determining prejudgment interest. In ANY dispute, prejudgment interest can be an important damages component that accrues from the date of the loss. Don’t ignore prejudgment interest. The Fourth District of Florida, in a construction dispute, maintained:
    “[I]f a plaintiff establishes that he sustained out-of-pocket loss, prejudgment interest must be awarded from the date of the loss. The trial court has no discretion regarding awarding prejudgment interest and must do so applying the statutory rate of interest in effect at the time the interest accrues.”
    Bensusan v. Design Engineering Group, LLC, 2025 WL 3466367 (Fla. 4th DCA 2025) (citation omitted).
    Read the full story...
    Reprinted courtesy of David Adelstein, Kirwin Norris
    Mr. Adelstein may be contacted at dma@kirwinnorris.com

    A Couple of Mechanic’s Lien Bills in VA [UPDATED]

    February 23, 2026 —
    Well, its that time of year again, the Virginia General Assembly is in session and looking to make changes to all kinds of things here in the Commonwealth. While most of those changes are well outside of the subject of Construction Law Musings, changes to the mechanic’s lien statutes certainly are not. This year, the Virginia General Assembly is poised to make some big changes if certain legislation gets out of committee and passes the legislature, a description and some comments on these follow: HB752 – Mechanics’ liens; liens attaching to property; memorandum of lien. [Original Description] Removes the exclusion of the attachment of a mechanic’s lien to property improved or repaired when the lien is based on a claim for repairs or existing structures. The bill further removes (i) the ability of a lien claimant to file any number of memoranda of lien including the details relating to the lien and (ii) the provisions of the Code specifying that no memorandum filed shall include sums due for (a) labor or materials furnished more than 150 days prior to the last day labor was performed or (b) material furnished to the job preceding the filing of such memorandum. Read the full story...
    Reprinted courtesy of The Law Office of Christopher G. Hill
    Mr. Hill may be contacted at chrisghill@constructionlawva.com

    Time to Negotiate Limitation on Remedies and Damages Is on the Front End

    February 10, 2026 —
    Remember, when it comes to contracts, the time to negotiate and enter into mutually agreed upon bargains is on the front end. And, if the contract is not negotiable, at least you know that and can make the business decision whether you want to accept the bargains and risks. If you don’t, well, you can walk away. Move onto another deal. If you do, then you make the business decision as to the bargains or risk transfers and accept them moving forward. One of those bargains and risks deals with a limitation on damages and remedies. In a recent dispute dealing with the sale of an aircraft, there was a provision dealing with the buyer and seller’s remedies in the event of a breach. (Similar to a real estate transaction or other buyer-seller scenario.) “Contract section 10.4(a) stated that if the buyer defaulted, the seller’s “exclusive remedies” were to keep the aircraft and the buyer’s deposit. Section 10.4(b) stated that if the seller defaulted by “fail[ing] to deliver the [aircraft] in accordance with the terms of [the contract],” the buyer’s “sole remedies” were the seller’s reimbursement of the buyer’s inspection costs.” Sky Aviation Holdings, LLC v. Aviation Unlimited, 50 Fla.L.Weekly D2658c (Fla. 4th DCA 2025). As you can see, there was a limitation on the seller’s damages. Read the full story...
    Reprinted courtesy of David Adelstein, Kirwin Norris
    Mr. Adelstein may be contacted at dma@kirwinnorris.com