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    Construction Expert Witness Builders Information
    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

    Biggest U.S. Gas Leak Followed Years of Problems, State Says

    Chinese Brooklyn-to-Los Angeles Plans Surge: Real Estate

    U.S. Homebuilder Confidence Rises Most in Almost a Year

    The Coronavirus, Zoom Meetings and Now a CCPA Class Action

    The Metaphysics of When an Accident is an “Accident” (or Not) Under Your Insurance Policy

    Court Bars Licensed Contractor From Seeking Compensation for Work Performed by Unlicensed Sub

    Home Improvement in U.S. Slowing or Still Intact -- Which Is It?

    Do We Really Want Courts Deciding if Our Construction Contracts are Fair?

    Condo Owners Suing Bank for Failing to Disclose Defects

    Construction Termination Part 2: How to Handle Construction Administration When the Contractor Is Getting Fired

    Hunton Insurance Partner Among Top 250 Women in Litigation

    Home-Rentals Wall Street Made Say Grow or Go: Real Estate

    Where Did That Punch List Term Come From Anyway?

    Oregon Codifies Tall Wood Buildings

    Ensuring Efficient Arbitration of Construction Disputes Involving Mechanic’s Liens

    California Courts Call a “Time Out” During COVID-19 –New Emergency Court Rules on Civil Litigation

    Fla. Researchers Probe 'Mother of All Sinkholes'

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

    New York Considers Amendments to Construction Industry Wage Laws that Would Impose Significant Burden Upon Contractors

    Parking Reform Takes Off on the West Coast

    Traub Lieberman Recognized in 2022 U.S. News – Best Lawyers “Best Law Firms”

    CGL Policy Covering Attorney’s Fees in Property Damage Claims

    Walmart Seeks Silicon Valley Vibe for New Arkansas Headquarters

    Department of Transportation Revises Its Rules Affecting Environmental Review of Transportation Projects

    Drywall Originator Hopes to Sell in Asia

    North Carolina Federal Court Holds “Hazardous Materials” Exclusion Does Not Bar Duty to Defend Under CGL Policy for Bodily Injury Claims Arising Out of Direct Exposure to PFAs

    Nevada Budget Remains at Impasse over Construction Defect Law

    Force Majeure Under the Coronavirus (COVID-19) Pandemic

    Caterpillar Said to Be Focus of Senate Overseas Tax Probe

    Slavin Doctrine and Defense from Patent Defects

    Just Because You Allege There Was an Oral Contract Doesn’t Mean You’re Off the Hook for Attorneys’ Fees if you Lose

    Products Liability Law – Application of Economic Loss Rule

    Certificates Of Merit For NC Lawsuits Against Engineers And Architects? (Still No)(Law Note)

    Not in My Kitchen – California Supreme Court Decertifies Golden State Boring Case

    Higgins, Hopkins, McLain & Roswell, LLC Announces Leadership Changes and New Vision for Growth

    Disputes Will Not Be Subject to Arbitration Provision If There Is No “Significant Relationship”

    An Insurance Policy Isn’t Ambiguous Just Because You Want It to Be

    Colorado Passes Construction Defect Reform Bill

    Architect Blamed for Crumbling Public School Playground

    Major Change to Residential Landlord Tenant Law

    California Supreme Court Declares that Exclusionary Rule for Failing to Comply with Expert Witness Disclosures Applies at the Summary Judgment Stage

    CDJ’s #6 Topic of the Year: Does Colorado Need Construction Defect Legislation to Spur Affordable Home Development?

    Hydrogen Powers Its Way from Proof of Concept to Reality in Real Estate

    Building Down in November, Even While Home Sales Rise

    Collapse Claim Dismissed

    Road to Record $199 Million Award Began With Hunch on Guardrails

    CCPA Class Action Lawsuits Are Coming. Are You Ready?

    Schools Remain Top Priority in Carolinas as Cleanup From Storms Continues

    Buffett Says ‘No-Brainer’ to Get a Mortgage to Short Rates

    West Virginia Wild: Crews Carve Out Corridor H Through the Appalachian Mountains
    Corporate Profile

    ANAHEIM CALIFORNIA CONSTRUCTION EXPERT WITNESS
    DIRECTORY AND CAPABILITIES

    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 builders and construction claims professionals concerned with construction defect, scheduling, and delay matters. BHA provides construction related consulting and expert witness support services to the industry's leading construction practice groups, Fortune 500 builders, real estate investment trusts, risk managers, owners, as well as a variety of municipalities and government offices. In connection with in house assets comprising construction delay claims experts, registered design professionals, professional engineers, and credentailed construction consultants, the construction experts group brings national experience and local capabilities to Anaheim and the surrounding areas.

    Anaheim California expert witness concrete failureAnaheim California building envelope expert witnessAnaheim California contractor expert witnessAnaheim California expert witnesses fenestrationAnaheim California construction cost estimating expert witnessAnaheim California window expert witnessAnaheim California architecture expert witness
    Construction Expert Witness News & Info
    Anaheim, California

    2025 Construction Law Update

    January 07, 2025 —
    It’s that time of year again. The second half of the 2023-2024 legislative session saw the introduction of 2,124 bills, of which, 1418 were signed into law. Among the bills signed by the governor impacting contractors is an increase in the small work licensing exemption for $500 to $1,000, the licensing of Indian tribes by the CSLB, and a number of project-specific bills, as is typical, related to project-specific alternative project delivery methods. Wishing you and yours a great 2025! Licensing AB 2622 – Increases the small work licensing exemption from $500 to $1,000 provided that the work: (1) does not require a building permit; and (2) does not involve the employment of others to perform or assist in the work. Read the full story...
    Reprinted courtesy of Garret Murai, Nomos LLP
    Mr. Murai may be contacted at gmurai@nomosllp.com

    New ConsensusDocs 242 Design Professional Change Order Form Helps Facilitate Compensation for Changes in Design Services

    November 05, 2024 —
    ConsensusDocs is publishing a new ConsensusDocs 242 Change in Services and Compensation, a change order for design services by a design professional. In the design and construction industry, one thing is certain – change. The work scope included in basic design services an architect or engineer provides occurs somewhat regularly. Previously, ConsensusDocs did not have a standard contract document for changing design professionals’ prices. As a result of user feedback, the ConsensusDocs Contract Content Advisory Council (CCAC) drafted this new architect/engineer change order. The CCAC unanimously approved the new contract document and publication is set for October 14, 2024. The document will be available for most ConsensusDocs subscribers. The full, owner, design-professional, and short-form subscription packages will include the document. A subscription package can be purchased through ConsensusDocs here. The design professional change order helps owners of construction projects keep track of additional services their design professionals perform. The design professional must provide itemized labor breakdowns for each invoice. The new ConsensusDocs 242 has options for compensation to be actual hours at the billing rate or a lump sum. The new contract document form also has a table for the remaining project deliverables and their respective due dates. Read the full story...
    Reprinted courtesy of Brian Perlberg, ConsensusDocs Coalition
    Mr. Perlberg may be contacted at bperlberg@ConsensusDocs.org

    More (and Simpler) Options Under New Oregon Retention Law

    October 21, 2024 —
    Similar to the changes made by the Washington Legislature last year, the Oregon Legislature recently changed its retention law. Oregon public works agencies and large commercial project owners are now required to accept surety bonds in lieu of withholding retainage on construction projects. There is also no longer a requirement to deposit retention funds in an interest-bearing escrow account. The owner or public agency must accept the bond in lieu of retainage unless specific grounds exist. For example, public agencies must find there is “good cause” for rejection of the bond based on the “unique project circumstances. Private owners have less discretion to reject a bond and if the bond meets the statutory requirements, per ORS 701.435(1)(a) “the owner and lender shall accept” the bond “in lieu of all or any portion of the retainage…” Courts have not analyzed when “good cause” exists for public agencies to reject bonds or exactly what will allow a private owner to reject a bond. However, an agency or owner cannot have a general policy to reject retention bonds. The statute does not provide next steps if the contractor disagrees with a decision to reject the bond. It may be necessary to proceed under the contract’s dispute resolution procedure or it may be more appropriate to take the issue directly to the courts. Read the full story...
    Reprinted courtesy of Michael Yelle, Ahlers Cressman & Sleight PLLC
    Mr. Yelle may be contacted at michael.yelle@acslawyers.com

    America’s Factories Weren’t Built to Endure This Many Hurricanes

    November 05, 2024 —
    America’s factories aren’t built for the current cascade of extreme weather events. Dozens of industrial sites were in the zone of impact as Hurricane Milton slammed into Florida’s West Coast this week, including several concrete plants, speed boat manufacturing operations and facilities owned by Honeywell International Inc., Johnson Controls International Plc, General Electric Co. and Illinois Tool Works Inc., among others. Meanwhile, a Baxter International Inc. facility in Marion, North Carolina, that makes 60% of the intravenous fluids used in hospitals around the country was shuttered because of damage from Hurricane Helene just two weeks ago. Mines responsible for producing more than 80% of the world’s supply of commercial high-purity quartz in nearby Spruce Pine were also affected by severe flooding, raising the risk of disruptions to semiconductor production, which relies on the material. Read the full story...
    Reprinted courtesy of Brooke Sutherland, Bloomberg

    The Final Frontier Opens Up New Business Opportunities for Private Contractors

    August 26, 2024 —
    Earlier this year, the U.S. Department of Defense (“DOD”) issued its Commercial Space Integration Strategy. While arguably still in the early stages of implementation, this policy shows a significant shift in creating new opportunities for contractors to work with and sell commercial solutions to DOD. This creates big opportunities for the construction industry. DOD’s current construction budget is over $2.9 billion,[1] and seeking to increase funding and projects with the private sector also increases the need for construction of facilities to house those partnerships. For contractors who may be able to take advantage of these opportunities and the facilities that support them, it is worth having an understanding of what a prospective contractor would need to do to participate and what pitfalls may be attached to these programs. In an effort to call out the elephant in the room, the timing of these policies coming out in the year before an election should not be ignored. While grounded in the 2022 National Defense Strategy and other established departmental policies, a change in administration could create change in how these prospective opportunities are handled. Read the full story...
    Reprinted courtesy of Jessica S. Allain, Jones Walker
    Ms. Allain may be contacted at jallain@joneswalker.com

    Bright-Line Changes: Prompt Payment Act Trends

    September 16, 2024 —
    Untimely payment by the owner for contract work and additional work on construction projects can place an unfair financial burden on contractors and subcontractors. Most states have attempted to eliminate or mitigate this inequity in construction contracting through Prompt Payment Acts that govern payment deadlines and provide remedies for untimely payment. This article addresses the legislative trends aimed at minimizing the risk of non-payment, overdue payment, and withholding retainage in favor of downstream parties to a construction contract. Fortifying Contractor Protections with “Bright-Line” Language Over the last decade, states have been tightening prompt payment laws by replacing broad, general statutory language with bright-line rules. What is a bright-line rule? A specific or definite figure, a quantifiable marker—i.e., something owners, contractors, subcontractors, and suppliers should be aware of. Practically speaking, the more bright-line a prompt payment statute is, the greater the likelihood it will affect a construction project in your state. A standard form construction contract, if not reviewed carefully, can create conflicts or confusion if it gives a party more leeway on payment deadlines than the applicable Prompt Payment Act. For example, consider an owner-issued Construction Change Directive (“CCD”) that requires a contractor to commence additional work immediately while a formal change order is negotiated. Consequently, a CCD can push financial burdens downstream, whether inadvertently or not, and may conflict with statutory payment deadlines. Nevertheless, an owner can be justified in its utilization of a CCD to maintain the project schedule. How should the parties competing interests be resolved? Read the full story...
    Reprinted courtesy of Peckar & Abramson, P.C.

    Florida Issues Emergency Fraud Prevention Rule to Protect Policyholders in Wake of Catastrophic Storms

    November 05, 2024 —
    Last week, just before Hurricane Milton made landfall, Florida state officials issued an emergency decree to all licensed insurance adjusters in the state to protect homeowners against “unfair and deceptive acts” and “post-storm fraud” by insurance carriers. According to The Washington Post, the Florida Department of Financial Services is requiring that all claim adjusters provide an explanation for each change they make to a consumer’s loss estimate, document those changes, and retain all versions of the estimate and identify who made those revisions. When processing claims, adjusters must also use an electronic estimating system that provides an itemized report of all damage, as well as labor, materials, equipment and supplies. Those costs should be consistent with what a contractor or a repair company in that particular area would charge. “Property damage from Hurricane Milton will be catastrophic and may result in billions of dollars in property losses,” the emergency rule states. “Fair and transparent loss estimates and claims adjustments will be crucial to ensure Floridians are properly and fairly compensated under the terms of their property insurance contracts, while also ensuring ongoing insurer solvency after potentially momentous financial losses.” Reprinted courtesy of Geoffrey B. Fehling, Hunton Andrews Kurth and Olivia G. Bushman, Hunton Andrews Kurth Mr. Fehling may be contacted at gfehling@HuntonAK.com Ms. Bushman may be contacted at obushman@HuntonAK.com Read the full story...

    California Supreme Court Finds Vertical Exhaustion Applies to First-Level Excess Policies

    August 26, 2024 —
    Addressing issues left open in its seminal decision in Montrose, the California Supreme Court found that the language in the first-level excess policies meant that the insured could access the policies upon exhaustion of the directly underlying policies purchased for the same policy period. Truck Ins. Exchange v. Kaiser Cement & Gypsum Corp., 2024 Cal. LEXIS 3271 (Cal. June 17, 2024). From 1944 through the 1970's, Kaiser manufactured asbestos-containing products at numerous different facilities. By 2004, more than 24,000 claimants had filed product liability claims against Kaiser alleging that they had suffered bodily injury as a result of exposure to Kaiser's asbestos products. Kaiser tendered these claims to Truck, one of several primary insurers that had issued CGL policies to Kaiser. In 2001, Truck initiated this coverage action to determine its indemnity and defense obligations to Kaiser. Truck later amended its complaint to add a cause of action for contribution against several of Kaiser's excess insurers. The issue presently before the court was whether Truck was entitled to contribution from various coinsurers that issued first-level excess policies to Kaiser during the period in question. Read the full story...
    Reprinted courtesy of Tred R. Eyerly, Damon Key Leong Kupchak Hastert
    Mr. Eyerly may be contacted at te@hawaiilawyer.com