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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.


    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

    Proposed Law Protecting Tenants Amended: AB 828 Updated

    Federal Defend Trade Secrets Act Enacted

    Client Alert: Expert Testimony in Indemnity Action Not Limited to Opinions Presented in Underlying Matter

    Federal District Court Addresses Anti-concurrent Cause Language in Property Policy

    Professional Liability Insurance Considerations When Design Professionals are Involved

    Advice to Georgia Homeowners with Construction Defects

    New OSHA Regulations on Confined Spaces in Construction

    Illinois Appellate Court Finds That Damages in Excess of Policy Limits Do Not Trigger Right to Independent Counsel

    Oregon Supreme Court Confirms Broad Duty to Defend

    Identifying and Accessing Coverage in Complex Construction Claims

    Know When Your Claim “Accrues” or Risk Losing It

    Winners Announced in Seattle’s Office-to-Residential Call for Ideas Contest

    Stephen Henning Receives “Legend of an Era” Award

    Parking Garage Partially Collapses in Dearborn, Mich., Trapping One

    Manhattan’s Property Boom Pushes Landlords to Sell Early

    Lorelie S. Masters Nominated for Best in Insurance & Reinsurance for the Women in Business Law Awards 2021

    Eighth Circuit Affirms Judgment for Bad Faith after Insured's Home Destroyed by Fire

    You Are on Notice: Failure to Comply With Contractual Notice Provisions Can Be Fatal to Your Claim

    In New Orleans, Katrina Taught a Lesson in Local Resilience

    American Roads Are Paved With Inefficiency

    Buy a House or Pay Off College? $1.2 Trillion Student Debt Heats Up in Capital

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

    Modular Construction’s Hidden Risk: Where Things Go Wrong Between the Factory and the Field

    Suit Limitation Provision Upheld

    ACEC Research Institute Report: Real Risk of AI Isn’t Technology. It’s the Org Chart.

    Understanding the Real Estate and Tax Implications of Florida's Buyer Ban Law

    Mediation in the Zero Sum World of Construction

    Exculpatory Provisions in Business Contracts

    Texas Restricts Foreign Ownership of Real Property

    California Storm Raises Mudslide Risk, Closes Interstate

    A Lack of Sophistication With the Construction Contract Can Play Out In an Ugly Dispute

    AEC Business Is a Top 25 Podcast in Construction Tech

    Lithium for Batteries from Geothermal Brine

    School District Settles Construction Lawsuit with Additional Million

    Litigation Roundup: “You Can’t Make Me Pay!”

    AFL-CIO Joins in $10 Billion Infrastructure Plan

    GRSM Attorneys Recognized in The Best Lawyers in America® 2026

    2023 West Coast Casualty Construction Defect Seminar

    Client Alert: Michigan Insurance Company Not Subject to Personal Jurisdiction in California for Losses Suffered in Arkansas

    Elevators Take Sustainable Smart Cities to the Next Level

    Spain’s Sagrada Familia: Contemporary Construction Methods Speed Iconic Basilica to Completion

    Construction Slow to Begin in Superstorm Sandy Cases

    “Bound by the Bond”

    Another Setback for the New Staten Island Courthouse

    US Proposes Energy Efficiency Standards for Federal Buildings

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

    Customer’s Agreement to Self-Insure and Release for Water Damage Effectively Precludes Liability of Storage Container Company

    NCCER Celebrates Construction Education Programs and Products in 2024

    Fairness is Relative. Workers Compensation and the Dreaded Section 7031
    Corporate Profile

    ANAHEIM CALIFORNIA CONSTRUCTION EXPERT WITNESS
    DIRECTORY AND CAPABILITIES

    Drawing from more than 4500 engineering, construction, and builders standard of care related expert designations, the Anaheim, California Construction Expert Directory provides a streamlined multi-disciplinary expert retention and support solution to legal professionals and construction practice groups seeking effective resolution of construction defect and claims matters. BHA provides construction claims investigation, testimony, and support services to widely recognized construction practice groups, Fortune 500 builders, CGL carriers, owners, as well as a variety of public entities. Employing in house assets 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 window expert witnessAnaheim California construction claims expert witnessAnaheim California roofing and waterproofing expert witnessAnaheim California expert witness roofingAnaheim California building envelope expert witnessAnaheim California building consultant expertAnaheim California construction claims expert witness
    Construction Expert Witness News & Info
    Anaheim, California

    When Arbitrators Overreach: Utah Supreme Court Trims an Award Built on an Unpled Claim

    November 02, 2026 —
    Construction industry participants have long favored arbitration to resolve disputes, prizing its speed, confidentiality, and finality over traditional litigation. That finality, however, depends on arbitrators staying within the bounds of what the parties actually put before them. In RV Holdings 4, LLC, et al. v. Standard Fiber Investors, LLC, the Utah Supreme Court issued a rare rebuke of an arbitration award, holding that the arbitrator exceeded their authority by awarding damages on a claim the prevailing party never submitted for decision. The dispute arose from a management-fee relationship between Standard Fiber, a bedding manufacturer, and several affiliated “Ridgeview” entities that provided financial and accounting oversight services. After Standard Fiber stopped paying management fees in 2020, the parties pursued their claims in arbitration. Ridgeview’s arbitration demand sought recovery under two specific theories: that a 2006 management services agreement remained in effect, and alternatively, that an oral “50/50 Agreement” entitled it to a share of fees paid to an affiliated entity. Notably, Ridgeview never asserted a claim for breach of a separate 2014 fee arrangement, and affirmatively disavowed reliance on it. The arbitrator rejected both of Ridgeview’s submitted theories and instead awarded Ridgeview $725,000 based on that unpled 2014 agreement. The district court confirmed the award, concluding that the arbitrator’s decision was rationally related to the parties’ arguments, including evidence Standard Fiber itself introduced about the 2014 arrangement. Reprinted courtesy of Tyson J. Prisbrey, Snell & Wilmer and Mark O. Morris, Snell & Wilmer Mr. Prisbrey may be contacted at tprisbrey@swlaw.com Mr. Morris may be contacted at mmorris@swlaw.com Read the full story...

    D.C. Circuit Upholds EPA’s CERCLA Hazardous-Substance Designations for PFAS as State-Law Settlements Highlight Expanding Liability Landscape

    September 15, 2026 —
    On August 18, 2026, a unanimous panel of the U.S. Court of Appeals for the D.C. Circuit upheld the 2024 designation by the U.S. Environmental Protection Agency (EPA) of perfluorooctanoic acid (PFOA) and perfluorooctanesulfonic acid (PFOS) as hazardous substances under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA or Superfund). (See Chamber of Commerce of the United States of America, et al. v. EPA, No. 24-1193 (D.C. Cir. Aug. 18, 2026).) The decision leaves EPA’s PFOA and PFOS hazardous substance designations in place and provides guidance on the scope of EPA’s authority to make future hazardous substances designations under CERCLA Section 102(a). The decision also likely resolves a challenge to the rule that has spanned two presidential administrations. After taking office, the Trump administration had obtained an abeyance of the litigation challenging the Biden-era rule while EPA reconsidered its position. In September 2025, EPA informed the court that it had decided to retain the designations, while signaling that it would work with Congress and industry to address CERCLA liability concerns for “passive receivers.” The litigation then resumed, with the current Administration defending the rule. Reprinted courtesy of Ashleigh K. Myers, Pillsbury, Amanda G. Halter, Pillsbury, Jillian Marullo, Pillsbury and Anthony B. Cavender, Pillsbury Ms. Myers may be contacted at ashleigh.myers@pillsburylaw.com Ms. Halter may be contacted at amanda.halter@pillsburylaw.com Ms. Marullo may be contacted at jillian.marullo@pillsburylaw.com Mr. Cavender may be contacted at anthony.cavender@pillsburylaw.com Read the full story...

    Federal Court Strikes Down New York’s Climate Superfund Act: What It Means for the “Polluter Pays” Movement

    September 28, 2026 —
    A federal judge in the Northern District of New York has struck down New York’s Climate Change Superfund Act, ruling that the “polluter pays” climate law is preempted by federal law and “simply beyond the limits of state law.” The court concluded that the Clean Air Act (CAA) does not authorize New York’s compensation scheme, which calculates liability based on greenhouse gas (GHG) emissions attributable to worldwide fossil fuel extraction and refining. It separately held that any cost-recovery demand against a foreign producer would be preempted under the constitutional foreign affairs doctrine, which limits state intrusion into matters committed predominantly to the federal government. The court directed the parties to file a status report by September 14, leaving the form of further relief unresolved. In practical terms, the court has decided that the Act is preempted and cannot be enforced but has not yet determined the precise terms of its final order, including whether to formally enjoin its enforcement. The decision in West Virginia v. James, Case No. 1:25-cv-00168 (N.D.N.Y. Aug. 31, 2026), issued by Chief U.S. District Judge Brenda K. Sannes, who was appointed by President Obama, marks the first judicial invalidation of a state climate superfund statute and carries significant implications for the climate superfund landscape and the three remaining lawsuits challenging these laws. Reprinted courtesy of Amanda G. Halter, Pillsbury, Ashleigh K. Myers, Pillsbury and Jillian Marullo, Pillsbury Ms. Halter may be contacted at amanda.halter@pillsburylaw.com Ms. Myers may be contacted at ashleigh.myers@pillsburylaw.com Ms. Marullo may be contacted at jillian.marullo@pillsburylaw.com Read the full story...

    Not All Warranty E-Mails Are Notices of Claim

    October 20, 2026 —
    There is a frustrating tendency in some Colorado construction defect litigation to treat virtually any written complaint about construction work as a statutory notice of claim under the Construction Defect Action Reform Act (“CDARA”). An e-mail complaining about cracked concrete. A request for warranty service. A message asking a builder to come inspect a leaking window. Years later, when the homeowner faces a statute-of-limitations defense, these routine communications are suddenly characterized as statutory notices of claim, with the convenient consequence that an otherwise untimely lawsuit becomes timely. Enough is enough. A warranty complaint is not a statutory notice of claim simply because a homeowner complains about construction. Courts and arbitrators should stop treating the two as interchangeable. Read the full story...
    Reprinted courtesy of David McLain, Higgins, Hopkins, McLain & Roswell, LLC
    Mr. McLain may be contacted at mclain@hhmrlaw.com

    A Green Light for Housing? What Executive Order 14394 Means for Your Next Project

    May 26, 2026 —
    On March 13, 2026, President Trump signed Executive Order 14394, “Removing Regulatory Barriers to Affordable Home Construction” (the “Order”). The Order directs federal agencies to reduce regulatory burdens on residential development, streamline environmental permitting, and encourage state and local governments to adopt housing-friendly policies. The Order includes several key provisions that developers and homebuilders should be aware of moving forward. Key Provisions The Order targets four main areas: 1. Federal Environmental Regulations First, it directs the Secretary of the Army and Environmental Protection Agency (EPA) to revise permitting standards, including stormwater permits, wetlands permits under Section 404 of the Clean Water Act, and related construction-site requirements. The Order also targets energy-efficiency mandates for U.S. Department of Housing and Urban Development (HUD) and U.S. Department of Agriculture (USDA) financed housing. For developers and homebuilders, these revisions could reduce project delays and compliance costs associated with stormwater management, wetlands mitigation, and energy-efficiency upgrades, expenses that often add significant time and cost to residential development projects. Reprinted courtesy of Bennett Houck, Snell & Wilmer, Miranda Martinez, Snell & Wilmer and Byron Sarhangian, Snell & Wilmer Mr. Houck may be contacted at bhouck@swlaw.com Ms. Martinez may be contacted at mimartinez@swlaw.com Mr. Sarhangian may be contacted at bsarhangian@swlaw.com Read the full story...

    A Nuclear Power Hangover: Controversies Plague New York's Indian Point Plant Cleanup

    November 02, 2026 —
    Michael Tromblee was in for a late night. Of the many after-business-hour duties he performs as superintendent of the Hendrik Hudson school district about 25 miles north of New York City, attending meetings of a board overseeing cleanup of the Indian Point nuclear power plant, located in Buchanan, N.Y., was an infrequent but necessary chore. Since the plant shut down in 2021 and gradually stopped paying taxes to support the school district's students, between one-fourth and one-third of its annual budget funding vanished, and state transitional funds provided to bridge that gap will expire after the 2027-28 school year. Last year, Tromblee described the lost power plant tax revenue, about $25 million annually, as “a financial hit that no school district is built to withstand.” Read the full story...
    Reprinted courtesy of Richard Korman, Engineering News-Record
    Mr. Korman may be contacted at kormanr@enr.com

    What Massachusetts Contractors and Developers Can Learn from Cannistraro v. Columbia Construction

    July 13, 2026 —
    Introduction On June 26, 2026 the Massachusetts Supreme Judicial Court issued its decision in J.C. Cannistraro, LLC v. Columbia Construction Co.—a holding that sits at the intersection of Prompt Pay Act compliance and the Massachusetts Arbitration Act.[1] Most already know that the Massachusetts Prompt Pay Act (PPA) imposes strict timing and certification requirements for rejecting payment applications and proposed change orders on projects valued at $3 million or more. Most notably, the PPA requires the paying party to give the payee written notice of its approval or rejection of progress applications and proposed changes within 15 days of receipt, which notice must include a “factual and contractual basis for the rejection” and must be “certified as made in good faith.”[2] In the absence of a timely certified notice, payment is “deemed to be approved” unless the payor properly rejects payment before it comes due.[3] Reprinted courtesy of Anthony LaPlaca, Seyfarth Shaw LLP and Luke Marston, Seyfarth Shaw LLP Mr. LaPlaca may be contacted at alaplaca@seyfarth.com Mr. Marston may be contacted at lmarston@seyfarth.com Read the full story...

    Modular Construction’s Hidden Risk: Where Things Go Wrong Between the Factory and the Field

    June 15, 2026 —
    Introduction As modular and prefabricated construction methods are increasingly adopted, so too are the potential challenges that come with them. The appeal is straightforward: faster timelines, controlled fabrication environments, and reduced on-site labor demands. But the risks that accompany these benefits are often less clear—and, in many cases, poorly defined. For example, what happens when a prefabricated component is delayed past its installation window? Who is responsible for a defect discovered inside a sealed, installed module? What happens to warranty obligations when a prefabricated component must be modified on site? Read the full story...
    Reprinted courtesy of Jack Mayo, Jones Walker LLP
    Mr. Mayo may be contacted at jmayo@joneswalker.com