BERT HOWE
  • Nationwide: (800) 482-1822    
    multi family housing expert witness Anaheim California concrete tilt-up expert witness Anaheim California condominium expert witness Anaheim California production housing expert witness Anaheim California low-income housing expert witness Anaheim California retail construction expert witness Anaheim California hospital construction expert witness Anaheim California custom homes expert witness Anaheim California high-rise construction expert witness Anaheim California housing expert witness Anaheim California industrial building expert witness Anaheim California tract home expert witness Anaheim California Subterranean parking expert witness Anaheim California institutional building expert witness Anaheim California parking structure expert witness Anaheim California landscaping construction expert witness Anaheim California custom home expert witness Anaheim California Medical building expert witness Anaheim California mid-rise construction expert witness Anaheim California condominiums expert witness Anaheim California structural steel construction expert witness Anaheim California casino resort 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

    Herman Russell's Big Hustle

    Franchisors Should Consider Signing a Conditional Lease Assignment Rather Than a Franchisee’s Lease

    Mississippi River Spends 40 Days At Flood Stage, Mayors Push for Infrastructure Funding

    Todd Seelman Recognized as Fellow of Wisconsin Law Foundation

    The Secret to an OSHA Inspection

    Convictions Obtained in Las Vegas HOA Fraud Case

    Exact Dates Not Needed for Construction Defect Insurance Claim

    What Sustainable Building Materials Will the Construction Industry Rely on in 2020?

    Are We Having Fun Yet? Construction In a Post-COVID World (Law Note)

    No Cross-Complaint Needed - Court of Appeal Clarifies Co-Defendants May Oppose Each Other’s Summary Judgment Motions Without a Cross-Complaint

    Prefabrication Contract Considerations

    The Real Cost of ‘Dirt Cheap’ Walmart & Amazon Tiny Homes: 10 Things Consumers Should Know

    Update Your California Release Provisions to Include Amended Section 1542 Language

    Colorado House Bill 1279 Stalls over 120-day Unit Owner Election Period

    What to Expect From the New Self-Retracting Devices Standard

    Monumental Museum Makeover Comes In For Landing

    Documentation Important for Defending Construction Defect Claims

    Groundbreaking on New Boulder Neighborhood

    Recording “Un-Neighborly” Documents

    Haight’s John Arbucci and Kristian Moriarty Selected for Super Lawyers’ 2020 Southern California Rising Stars

    Insurer’s Duty to Indemnify Not Ripe Until Underlying Lawsuit Against Insured Resolved

    Ninth Circuit Clarifies Viability of Takings Claims Under Arizona’s Unclaimed Property Act

    Sustainability Is an Ever-Increasing Issue in Development

    West Coast Casualty’s 25th Construction Defect Seminar Has Begun

    Another Colorado City Passes Construction Defects Ordinance

    Risk Reset: Concerns Top of Mind for Top Construction Law Firms

    Seattle Independent Contractor Ordinance – Pitfalls for Unwary Construction Professionals

    Collapse Claim Dismissed

    First Suit to Enforce Business-Interruption Coverage Filed

    New Index Tracking Mortgages for New Homes

    Does a Contractor (or Subcontractor) Have to Complete its Work to File a Mechanics Lien

    State Farm Unsuccessful In Seeking Dismissal of Qui Tam Case

    Force Majeure, Construction Delays, Labor Shortages and COVID-19

    Traub Lieberman Partner Jessica Kull and Associate Jonathan Powell Win Motion to Dismiss in Favor of General Contractor

    Houston Home Sales Fall for the First Time in Six Months

    Hawaii Federal District Court Denies Brokers' MSJ on Duties Owed In Construction Defect Case

    Brief Overview of Rights of Unlicensed Contractors in California

    Congratulations to our 2019 Southern California Super Lawyers Rising Stars

    Major Changes in Commercial Construction Since 2009

    Couple Claims Poor Installation of Home Caused Defects

    From ‘Cuckoo’s Egg’ to Today’s Cyber Threat Landscape

    Fraud and Construction Contracts- Like Oil and Water?

    SB 721 – California Multi-Family Buildings New Require Inspections of “EEEs”

    Mortgage Applications in U.S. Jump 11.6% as Refinancing Surges

    Crane Dangles and So Do Insurance Questions

    The Rise of Modular Construction – Impacts for Consideration

    No Hiring Surge by Homebuilders Says Industry Group

    Millennials Skip the Ring and Mortgage

    “For What It’s Worth”

    Mixing Concrete, Like Baking a Cake, is Fraught with Problems When the Recipe is Not Followed
    Corporate Profile

    ANAHEIM CALIFORNIA CONSTRUCTION EXPERT WITNESS
    DIRECTORY AND CAPABILITIES

    Through more than four thousand engineering, construction, and builders standard of care related expert designations, the Anaheim, California Construction Expert Directory delivers a superior construction and design expert support solution to lawyers and construction practice groups seeking effective resolution of construction defect and claims matters. BHA provides construction related trial support and expert consulting services to the industry's leading construction attorneys, Fortune 500 builders, insurers, owners, as well as a variety of public entities. Utilizing in house resources which include credentialed construction consultants, NCARB certified architects, forensic engineers, building envelope and design experts, the firm brings national experience and local capabilities to Anaheim region.

    Anaheim California construction expert testimonyAnaheim California civil engineer expert witnessAnaheim California roofing construction expertAnaheim California reconstruction expert witnessAnaheim California construction defect expert witnessAnaheim California engineering expert witnessAnaheim California building consultant expert
    Construction Expert Witness News & Info
    Anaheim, California

    Course of Construction Exclusions and the CGL Policy

    July 20, 2026 —
    I. Course of Construction Exclusions Course of Construction (“COC”) exclusions are found on General Liability and excess liability policies, typically a wrap-up or project specific policy, and generally exclude “all property damage occurring during the course of construction.” Insurers claim COC exclusions are not problematic because they are intended to prevent an overlap in coverage between the general liability policy and first-party property Builder’s Risk policy. However, because General Liability policies and Builder’s Risk policies provide coverage for different risks, COC exclusions can create a gap in coverage for owners and contractors. Therefore, any exclusion on a wrap-up or project specific policy that limits coverage for property damage liability should be scrutinized, and amendments sought when warranted and commercially achievable, for owners, developers and contractors because General Liability policies do not cover the same risk as that of a Builder’s Risk policy. General liability policies provide defense and indemnity to the insured(s) for claims made by a third-party against the insured. Broad COC exclusions serve to preclude coverage for all property damage, not just property damage to the insured project. This includes property damage to property other than the insured project, e.g. an adjacent property. On the other hand, Builder’s Risk policies provide first-party property coverage for direct physical loss to the project during the course of construction. The Builder’s Risk policy will not provide coverage for property other than the project itself (e.g., adjacent property) and it will not provide a defense or indemnity in the event the owner of the damaged property brings a claim against a potentially at-fault party. Reprinted courtesy of Anna M. Perry, Saxe Doernberger & Vita, P.C., Rachel S. Kindseth, Saxe Doernberger & Vita, P.C. and Nina Catanzaro, Saxe Doernberger & Vita, P.C. Ms. Perry may be contacted at APerry@sdvlaw.com Ms. Kindseth may be contacted at rkindseth@sdvlaw.com Ms. Catanzaro may be contacted at NCatanzaro@sdvlaw.com Read the full story...

    Insurer Dispenses with Bad Faith Claim on Summary Judgment

    June 22, 2026 —
    The court granted the insurer’s motion for partial summary judgment because the insured failed to present evidence that the insurer failed to conduct a reasonable investigation. PSY Burger, LLC v. State Farm General Insurance Company, 2026 U.S. Dist. LEXIS 66991(C.D. Cal. March 20, 2026). The insured’s commercial property suffered heavy damage from tropical storm Hilary. State Farm denied coverage to repair the damage. The insured sued State Farm alleging breach of contract and bad faith due to an inadequate investigation. Apparently, the insured did not retain an expert to opine on claims handling. Read the full story...
    Reprinted courtesy of Tred R. Eyerly, Damon Key Leong Kupchak Hastert
    Mr. Eyerly may be contacted at te@hawaiilawyer.com

    Brandy Price, Dean Pillarella Named to Lawdragon's "Next Generation" List

    June 22, 2026 —
    Charlotte/North Charleston Partner Brandy G. Price and New York Partner Dean Pillarella have been selected to "The 2026 Lawdragon 500 X – The Next Generation," which recognizes emerging leaders in law. Lawdragon's annual Next Generation listing highlights up-and-coming attorneys with fewer than 15 years in practice. The legal media company selected these honorees through a combination of peer nominations, extensive journalistic research by Lawdragon editors, and independent vetting. Read the full story...
    Reprinted courtesy of Lewis Brisbois

    In the Eye of the Beholder: Court of Appeal Finds Duty of Care Owed by Owner and Contractors for Death of Minors Caused by Independent Truck Driver

    May 05, 2026 —
    I was a T.A. for my high school history teacher, a really smart and nice guy, Mr. Reynolds. In the room at the back of the classroom which served as his office he had the picture above. It’s called “My Wife and My Mother-in-Law” and is taken from a German postcard from 1888. Depending on how you look it, you might see fashionable young lady, or an old lady. Cases can sometimes be like that: You see what you want to see. The next case is also like that. In Lorenzo v. Calex Engineering, Inc., 110 Cal.App.5th 49 (2025), the 2nd District Court of Appeals reversed a motion for summary judgment granted in favor of an owner and its contractors in a case involving the death of two minors struck by a dump truck enroute to a non-permitted off-site staging area. Read the full story...
    Reprinted courtesy of Garret D. Murai, Nomos LLP
    Mr. Murai may be contacted at gmurai@nomosllp.com

    New Survey Reveals Overwhelmingly Optimistic Results on the Use of AI in Construction

    May 14, 2026 —
    On December 5, 2025, CMiC and Dodge released a survey asking over 6,000 companies across various sectors of the construction industry their stance on artificial intelligence—whether they use it or not; whether they like it or not; whether they have or are planning to implement it or not; and so on. Considering its reputation for skepticism and reluctance when it comes to adopting new forms of technology, the construction industry pleasantly surprised CMiC and Dodge with its answers to these questions, with 87% of contractors believing AI will have a meaningful impact on construction. “The research indicates the construction industry is nearing a tipping point for AI adoption,” says Steve Jones, senior director of industry insights at Dodge Construction Network, who sat down with Construction Executive to delve further into the survey questions and answers and what the industry’s current position on them means for AI’s future role in construction. Reprinted courtesy of Construction Executive, a publication of Associated Builders and Contractors. All rights reserved. Read the full story...

    Differing Site Conditions Claim Requires a Misrepresentation

    May 14, 2026 —
    If you are entertaining a differing site conditions claim, consider this Third District Court of Appeals case from the mid-90s. In Hendry Corp. v. Metropolitan Dade County, 648 So.2d 140 (Fla. 3d DCA 1995), a contractor was hired by Dade County to demolish the old Rickenbacker Causeway in Miami. The original 1941 plans of the causeway were made available to contractors. The lowest bidding contractor that was awarded the project based its bid “on its conclusion that the pilings supporting the old bridge were made of concrete.” Hendry, supra at 141. The contractor based this conclusion on the original plans, its visual observation, and experience. Read the full story...
    Reprinted courtesy of David Adelstein, Kirwin Norris
    Mr. Adelstein may be contacted at dma@kirwinnorris.com

    What Is the Independent Tort Doctrine? New Case Explains…

    August 24, 2026 —
    Florida’s Sixth District Court of Appeals in Atout v. HHM Land Trust Dated October 29, 2013, 51 Fla.L.Weekly D1569a (Fla. 6th DCA 2026) recently included an extensive discussion on Florida’s independent tort doctrine. The independent tort doctrine is an important legal doctrine, particularly when parties are in contractual privity. This doctrine stands for the proposition that tort claims must be independent of any breach of contract. See Atout, supra. The Sixth District’s extensive discussion analyzed the indicators to determine this “independence,” which may arise from the source of the duty, the asserted conduct, the damages sought, or even public policy: Unlike claims that rely on contractual relationships, an “independent” tort is often characterized by a duty imposed by law rather than by agreement. As to this consideration, United States District Court Judge Steven Merryday has explained that the independent tort doctrine honors the same divide as the economic loss rule, but rather than looking at the nature of the loss, it focuses on the source of the duty allegedly breached. “If a contract imposes a duty, and the defendant breaches that duty, the plaintiff must sue for breach of contract. If society imposes the duty, the plaintiff must sue in tort.” Following this reasoning, courts should consider whether the alleged breach of a duty in tort coincides or overlaps with a duty imposed by a contract. If the duty at issue is within the scope of a contract, and the relationship of the parties that led to the creation of that duty stems from a contract, then that duty’s source is from contract and any alleged tort claims based on a breach of those duties may not be “independent.” Read the full story...
    Reprinted courtesy of David Adelstein, Kirwin Norris
    Mr. Adelstein may be contacted at dma@kirwinnorris.com

    What Prevents Innovation in Construction from Taking Off

    September 15, 2026 —
    In construction, we have the knowledge, technology, and innovative people to radically improve our performance, yet we’re still stuck in old ways. Why is that? I attended an annual gathering for real estate and construction professionals at Rakennustieto Oy, Finland’s leading building information provider. The day before, a half-day seminar was held at the same venue. During both events, we discussed the need for change in the construction sector. Everyone agreed that we need to radically improve how we produce and share information. Read the full story...
    Reprinted courtesy of Aarni Heiskanen, AEC Business