BERT HOWE
  • Nationwide: (800) 482-1822    
    institutional building expert witness Anaheim California landscaping construction expert witness Anaheim California Medical building expert witness Anaheim California Subterranean parking expert witness Anaheim California townhome construction expert witness Anaheim California condominium expert witness Anaheim California mid-rise construction expert witness Anaheim California condominiums expert witness Anaheim California office building expert witness Anaheim California production housing expert witness Anaheim California structural steel construction expert witness Anaheim California parking structure expert witness Anaheim California multi family housing expert witness Anaheim California high-rise construction expert witness Anaheim California industrial building expert witness Anaheim California retail construction expert witness Anaheim California casino resort expert witness Anaheim California hospital construction expert witness Anaheim California tract home expert witness Anaheim California housing expert witness Anaheim California custom homes expert witness Anaheim California concrete tilt-up expert witness Anaheim California
    Arrange No Cost Consultation
    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

    Insurer Could Not Rely on Extrinsic Evidence to Circumvent Its Duty to Defend

    At the Intersection of Indemnity and Prevailing Wages

    New Case Alert: California Federal Court Allows Policy Stacking to Cover Continuous Injury

    The 2017 ASCDC and CDCMA Construction Defect Seminar and Holiday Reception

    Kahana Feld Attorney Andrea Vosough Named to 2026 Claims and Litigation Management Alliance (CLM) Phenoms Under 40 List

    The AI Knows Too Much: When Employees Feed Trade Secrets into Generative AI Tools

    Courts Take Another Swipe at the Implied Warranty of the Plans and Specifications

    Nationwide Preliminary Injunction Ordering Department of Defense to Resume Review of Wind Energy Projects

    Property Damage, Occurrences, Delays, Offsets and Fees. California Decision is a Smorgasbord of Construction Insurance Issues

    What You Need to Know About Additional Insured Endorsements

    Renee Zellweger Selling Connecticut Country Home

    Aecmaster’s Digital Twin: A New Era for Building Design

    Court Holds That Public Entity Can Unilaterally Replace Subcontractor Under California’s Subletting and Subcontracting Fair Practices Act

    Condo Owners Allege Construction Defects

    NY Appeals Court Ruled Builders not Responsible in Terrorism Cases

    Trump Administration Announces New Eviction Moratorium

    Designer of World’s Tallest Building Wants to Turn Skyscrapers Into Batteries

    Real Estate & Construction News Roundup (6/18/24) – Cannabis’ Effect on Real Estate, AI’s Capabilities for Fund Managers and CRE’s Exposure on Large Banks

    Surfside Condo Collapse Investigators Uncover More Pool Deck Deviations

    Trust, But Verify: Addressing Risk of Non-Payment by Owners

    San Diego Appellate Team Prevails in Premises Liability Appeal

    Insurer Must Defend Insured Against Construction Defect Claims

    No Bad Faith in Insurer's Denial of Collapse Claim

    Quick Note: Third-Party Can Bring Common Law Bad Faith Claim

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

    Course of Conduct Can Serve as Waiver or Modification of Parties’ Contract

    Cameron Pledges to Double Starter Homes to Boost Supply

    Liability Policy’s Arbitration Endorsement Applies to Third Party Beneficiaries, Including Additional Insureds

    Port Authority Approves Subsidies for 2 World Trade Project

    Changes to Pennsylvania Mechanic’s Lien Code

    Lessee Deemed Statutory Employer, Immune from Tort Liability by Pennsylvania Court

    A Court-Side Seat: Clean Air, Clean Water, Citizen Suits and the Summer of 2022

    Inverse Condemnation and Roadwork

    Contractors: Beware the Subordination Clause

    Comparative Breach of Contract – The New Benefit of the Bargain in Construction?

    The Starter Apartment Is Nearly Extinct in San Francisco and New York

    NY Attorney General to Propose Bill Requiring Climate Adaptation for Utilities

    Sales of Existing Homes in U.S. Fall to Lowest Since 2012

    Senate Overwhelmingly Passes Water Infrastructure Bill

    Seattle Council May Take a New Look at Micro-Housing

    Default Should Never Be An Option

    Colorado’s New Construction Defect Law Takes Effect in September: What You Need to Know

    Failing to Adopt a Comprehensive Cyber Plan Can Lead to Disaster

    Contractors: Revisit your Force Majeure Provisions to Account for Hurricanes

    Underlying Complaint Alleges Possibility of Coverage, Triggering Duty to Defend

    Payment Bond Surety Entitled to Award of Attorneys’ Fees Although Defended by Principal

    New Jersey Legislation Would Bar Anti-Concurrent Causation Clause in Homeowners' Policies

    Contractors and Force Majeure: Contractual Protection from Hurricanes and Severe Weather

    Is Construction Heading Off the Fiscal Cliff?

    Mobile Home Owners Not a Class in Drainage Lawsuit
    Corporate Profile

    ANAHEIM CALIFORNIA CONSTRUCTION EXPERT WITNESS
    DIRECTORY AND CAPABILITIES

    Through over four thousand building and claims related expert witness designations, the Anaheim, California Construction Expert Directory delivers 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 and expert 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. Employing in house resources which include licensed architects, registered professional engineers, ASPE certified professional estimators, ICC Certified inspection and testing professionals, the firm brings specialized expertise and local capabilities to the Anaheim region.

    Anaheim California construction expert testimonyAnaheim California building code expert witnessAnaheim California construction project management expert witnessAnaheim California testifying construction expert witnessAnaheim California engineering expert witnessAnaheim California ada design expert witnessAnaheim California expert witnesses fenestration
    Construction Expert Witness News & Info
    Anaheim, California

    Cuomo Bridge Lawsuit Adversaries Weigh Mediated Settlement

    July 06, 2026 —
    Rival legal teams have reached a critical juncture as they consider a mediated settlement in one of two major payment lawsuits pending between a design-build contracting team and the New York State Thruway Authority over construction of the more than $3-billion Mario M. Cuomo Bridge north of New York City. Read the full story...
    Reprinted courtesy of Richard Korman, Engineering News-Record
    Mr. Korman may be contacted at kormanr@enr.com

    Best Lawyers Recognizes 33 White and Williams LLP Lawyers

    August 24, 2026 —
    White and Williams LLP is pleased to congratulate our attorneys recognized among the 2027 Best Lawyers in America® rankings. Best Lawyers® has recognized Michael W. Horner, Chair of the Healthcare Group and Managing Partner of the Cherry Hill, NJ Office, as a 2027 "Lawyer of the Year” in the area of Litigation - Insurance for Cherry Hill. Michael Horner’s has extensive experience litigating, mediating and arbitrating complex catastrophic cases throughout multiple jurisdictions in the Northeast, with litigation and counseling experience that spans several decades in the areas of healthcare, catastrophic loss and employment matters in multiple state and federal jurisdictions. Read the full story...
    Reprinted courtesy of White and Williams LLP

    World's Longest Immersed Tunnel Passes Milestone, But Faces Delays

    August 03, 2026 —
    Work on the $8-billion Fehmarnbelt Tunnel, which is planned to link Germany and Denmark as the world’s longest immersed tunnel, is progressing as crews achieved a milestone last month with the successful immersion of its first precast concrete element. But Danish state-owned project owner Femern A/S says the plan is now running at least two years behind schedule and the tunnel’s road and rail portions will open in two separate stages. Read the full story...
    Reprinted courtesy of James Leggate, Engineering News-Record
    Mr. Leggate may be contacted at leggatej@enr.com

    Traub Lieberman Attorneys Recognized in the 2027 Edition of The Best Lawyers in America®

    September 08, 2026 —
    Traub Lieberman is pleased to announce that four Partners have been selected by their peers for inclusion in the 2027 edition of The Best Lawyers in America®. In addition, six attorneys have been included in the 2027 Best Lawyers®: Ones to Watch list. These recognitions include attorneys from the firm’s White Plains, NY; Chicago, IL; Palm Beach Gardens, FL; and St. Petersburg, FL offices. 2027 Best Lawyers® White Plains, NY
    • Lisa L. Shrewsberry – Commercial Litigation
    Chicago, IL
    • Brian C. Bassett – Insurance Law
    Palm Beach Gardens, FL
    • Rina Clemens – Personal Injury Litigation – Defendants, Product Liability Litigation – Defendants
    St. Petersburg, FL
    • Lauren S. Curtis – Insurance Law
    Read the full story...
    Reprinted courtesy of Traub Lieberman

    Las Vegas Partner Jeffrey Saab and Team Leader D. Ryan Efros Secure a $0.00 Settlement on a Multimillion-Dollar Construction Defect Case!

    April 14, 2026 —
    Partner Jeffrey Saab and Team Leader D. Ryan Efros’ client was a construction supervisor on a palatial mansion. The homeowners claimed millions of dollars in damages and asserted the client was a general contractor (GC) and so responsible for the alleged defects. Jeff and Ryan took more than 15 depositions, reinforcing their trial strategy theme: that the client was not a GC, but Plaintiffs were. They secured significant concessions from Plaintiffs, pressed Plaintiffs’ own negligent construction choices, and made the risk of trying the case intolerable. On the eve of trial, Plaintiffs backed down, settling out Jeff and Ryan’s client for $0.00. Read the full story...
    Reprinted courtesy of Dolores Montoya, Bremer Whyte Brown & O'Meara LLP

    Insufficient Notice of Commencement and Construction Lien Rights

    August 03, 2026 —
    When a party is preserving their construction lien rights, the party will look to the recorded Notice of Commencement. This is the recorded document that provides the lienor with the information for purposes of preserving construction lien rights. A Notice to Owner company will typically rely on the Notice of Commencement to serve Notices to Owners from lower tiers not in contract with the owner. However, when it comes to preparing the lien, a lienor should look beyond just the Notice of Commencement and also look to the property appraiser’s website as a backstop. In a recent case, a window company had the homeowner sign the Notice of Commencement and then filled in the information. The company naturally did this for the convenience of the homeowner that probably was unfamiliar with the Notice of Commencement process. Regardless, information in the Notice of Commencement was inaccurate. It failed to include all the real property owners. Thus, when a payment dispute arose and a construction lien was prepared, it did not identify all of the real property owners. All of the real property owners were added later during the pendency of a lien foreclosure lawsuit. The trial court denied the lien because of the defective / insufficient Notice of Commencement — the lienor assumed the risk of error by filling out the information in the Notice of Commencement. The trial court further denied the lien holding that because the work did not commence within 90 days of the Notice of Commencement, the Notice of Commencement is void. Read the full story...
    Reprinted courtesy of David Adelstein, Kirwin Norris
    Mr. Adelstein may be contacted at dma@kirwinnorris.com

    Chambers USA 2026 Recognizes Multiple Snell & Wilmer Attorneys and Practices

    August 11, 2026 —
    PHOENIX – Snell & Wilmer is pleased to announce that its attorneys have received 57 individual recognitions in their respective fields, by Chambers USA: America’s Leading Lawyers for Business 2026. These prestigious rankings are driven by independent interviews with clients of the firm and members of the legal community. Read the full story...
    Reprinted courtesy of Snell & Wilmer

    Turnover Traps for Community Associations: Investigate First, Release Claims Later

    April 14, 2026 —
    Turnover of a community association from developer control to owner control is a uniquely vulnerable moment. Developers are increasingly presenting Florida condominium and homeowners’ associations with “standard” settlement or release agreements at turnover, often being framed as routine steps to finalize the transition of control. In reality, these agreements can have sweeping consequences, including the release of construction-defect claims before the association has conducted any meaningful independent evaluation. The developer has years of project knowledge and access to plans, subcontractors, and internal records. The newly elected board is just beginning to organize, obtain documents, and understand the property’s condition. Many defects, especially those involving roofing, waterproofing, windows, or structural components, are latent and not yet visible. Signing a release at this stage means the association is making a binding decision under conditions of uncertainty, without full information, to release all future potential claims. Over the last few years, there has been a rise in reports of developers offering a packaged deal: they agree to complete certain repairs, often minor punch-list or cosmetic items, and to “forgive” an alleged financial deficit (often around $50,000) supposedly owed by the association from the developer-control period. In exchange, the association is asked to sign a broad release covering all claims, including known and unknown construction defects. To a new HOA board that received their community with limited operating and reserve funds, they are left with a difficult decision to either accept the developer’s offer or assess their owners to pay this alleged debt. These agreements are occasionally presented through community management companies, which may describe them as “standard” or "routine.” Whether due to misunderstanding or influence from the developer, management companies can unintentionally reinforce the idea that signing is expected. Any recommendation provided to HOAs about whether to sign these releases could open community management to liability down the road. The best practice for both associations and community managers is to refer any agreements to be reviewed by general counsel for the association. The following two case studies illustrate the real-world consequences: Case Study One: A newly transitioned board relies on its management company to negotiate with the developer-builder to resolve irrigation issues, pond concerns, and signage deficiencies, along with forgiving an asserted financial shortfall. In exchange, the board signs a broad release covering all claims, including latent defects. Within a year, several punch-list items remain incomplete, and more serious issues arise. When the association demands completion, the developer delays, prompting the association to seek advice on how to enforce the settlement agreement. The association hires counsel to hold the developer responsible for both the previously agreed-upon items and newly identified construction defects. However, when the association brings claims against the developer, the developer points to the release of all potential construction defects in the community. Thus, the only remaining remedy is limited to enforcement of the specific punch-list terms. The community, still relatively new, has no viable claims against the developer-builder for the construction defects. With warranties expired and the release, the association must fund repairs through special assessments, despite defects that would otherwise have been actionable. Case Study Two: A community is presented with a similar agreement as above. The management company encourages execution, suggesting it is standard and even telling the board to “name your price.” The developer also pressures the newly elected board to sign. Instead of signing, the board consults with their attorney. Counsel advises the board not to sign the release and recommends further investigation. Engineers are retained and identify early indicators of broader issues, including stucco cracking, water intrusion, and irrigation deficiencies. Based on this information, the association declines to sign the release. Subsequent evaluation reveals potentially significant construction-defect claims, allowing the community to pursue recovery that would have been lost under the proposed agreement. These scenarios underscore a fundamental point: signing a release at turnover is not an administrative formality—it is a major legal decision. Board members act in a fiduciary capacity on behalf of their community, and their decisions can bind all current and future owners. At turnover, an association’s right is to investigate and pursue claims. Preserving that right until a full and independent evaluation is completed is not adversarial—it is responsible governance. Accordingly, associations should retain independent evaluations of the property and consult qualified legal counsel before signing any “standard” agreements, especially ones involving a release of future claims. Nicholas B. Vargo is a partner in Ball Janik LLP’s Construction Practice Group. He may be reached at nvargo@balljanik.com.