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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

    When Every Drop Matters, Cities Turn to Watertech

    Construction Case Alert: Appellate Court Confirms Engineer’s Duty to Defend Developer Arises Upon Tender of Indemnity Claim

    New England Construction Defect Law Groups to Combine

    Construction Down in Twin Cities Area

    Baltimore Bridge Collapse Occurred After Ship Lost Power Multiple Times

    Toolbox Talk Series Recap - The New Science of Jury Trial Advocacy

    When Are General Conditions and General Requirements Covered by Builder's Risk

    Maryland Contractor Documents its Illegal Deal and Pays $2.15 Million to Settle Fraud Claims

    Will Millennial’s Desire for Efficient Spaces Kill the McMansion?

    Representation and Warranties Claims Reach Record Payouts in 2024

    Arbitration Provision Must Be Incorporated into a Bond for Surety to Elect Arbitration

    SB 939 Proposes Moratorium On Unlawful Detainer Actions For Commercial Tenants And Allows Tenants Who Can't Renegotiate Their Lease In Good Faith To Terminate Their Lease Without Liability

    Traub Lieberman Attorneys Recognized as 2021 Top Lawyers by Hudson Valley Magazine

    How to Survive the Insurance Claim Process Before It Starts –Five Tips to Keep Your Insurance Healthy

    Good Signs for Housing Market in 2013

    Read Before You Sign: Claim Waivers in Project Documents

    Congratulations to BWB&O’s 2026 Super Lawyers and Rising Stars Honorees!

    Tesla’s Solar Roof Pricing Is Cheap Enough to Catch Fire

    Changes to Comprehensive Insurance Disclosure Act in New York Introduced

    Hurricane Harvey Victims Face New Hurdles In Pursuing Coverage

    Bright-Line Changes: Prompt Payment Act Trends

    Housing to Top Capital Spending in Next U.S. Growth Leg: Economy

    Pollution Exclusion Bars Coverage for Damage Caused by Tar Escaping From Roof

    Colorado Passes Compromise Bill on Construction Defects

    Nevada Update: Nevada Commissioner of Insurance Updates Burning Limits Statute with Emergency Regulation

    The Ups and Downs of Elevator Maintenance Contractor's Policy Limits

    Beyond the COI: The Importance of an Owner's or Facilities Manager's Downstream Insurance Review Program

    Collapse of Breezeway Attached to Building Covered

    Hybrid Contracts for The Sale of Goods and Services and the Predominant Factor Test

    DEP Plan to Deal with Noxious Landfill Fumes Met with Criticism

    Alaska District Court Sets Aside Rulings Under New Administration’s EO 13795

    Architect Sues over Bidding Procedure

    Too Costly to Be Fair: Texas Appellate Court Finds the Arbitration Clause in a Residential Construction Contract Unenforceable

    Construction Litigation Roundup: “That’s Not How I Read It”

    The Sensible Resurgence of the Multigenerational Home

    Proposed Legislation for Losses from COVID-19 and Limitations on the Retroactive Impairment of Contracts

    Don’t Ignore Prejudgment Interest

    So a Lawsuit Is on the Horizon…

    Ongoing Operations Exclusion Bars Coverage

    Newmeyer & Dillion Ranked Fourth Among Medium Sized Companies in 2016 OCBJ Best Places to Work List

    The AVOID Act: A New Timeline for Liability in New York Construction Projects

    Texas Supreme Court Holds Anadarko’s $100M Deepwater Horizon Defense Costs Are Not Subject To Joint Venture Liability Limits

    Maryland Court Affirms Condo Association’s Right to Sue for Construction Defects

    2015-2016 California Labor & Employment Laws Affecting Construction Industry

    The ALI Restatement – What Lies Ahead?

    Equal Access to Justice Act Fee Request Rejected in Flood Case

    Florida Supreme Court: Notice of Right to Repair is a CGL “Suit,” SDV Amicus Brief Supports Decision

    Colorado Statutes of Limitations and Repose, A First Step in Construction Defect Litigation

    More Musings From the Mediation Trenches

    Hunton Insurance Partner Syed Ahmad Serves as Chair of the ABA Minority Trial Lawyer Committee’s Programming Subcommittee
    Corporate Profile

    ANAHEIM CALIFORNIA CONSTRUCTION EXPERT WITNESS
    DIRECTORY AND CAPABILITIES

    Through more than 4500 construction, architectural, and engineering related expert designations, the Anaheim, California Construction Expert Directory delivers a comprehensive construction and design expert support solution to construction claims professionals seeking effective resolution of construction defect and claims matters. BHA provides construction claims and trial support services to the building industry's most recognized companies, Fortune 500 builders, CGL carriers, risk managers, and a variety of municipalities. In connection with in house assets comprising testifying architects, design engineers, construction cost and standard of care experts, licensed general and specialty contractors, the firm brings regional experience and local capabilities to Anaheim and the surrounding areas.

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    Construction Expert Witness News & Info
    Anaheim, California

    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

    Data Center Construction and the AEC Partner of the Future

    April 14, 2026 —
    During my involvement in designing mobile phone production facilities, the speed of design and construction was critical. Any delay could directly translate into lost revenue. That same logic now applies to data centers, though the stakes are much higher. Instead of optimizing physical production lines, we are constructing infrastructure for digital production. The global data center capacity is expected to nearly double by 2030, and with this level of demand, the traditional project-by-project delivery model begins to show its limitations. Data centers are no longer isolated projects in the traditional sense. They are evolving into repeatable, scalable production systems, making them ideal environments for AEC process and business model innovation. Read the full story...
    Reprinted courtesy of Aarni Heiskanen, AEC Business
    Mr. Heiskanen may be contacted at aec-business@aepartners.fi

    Virginia Multi-Employer Site Safety Issues–and How to Deal with Them

    February 02, 2026 —
    The world of the Owner, Contractor, Subcontractor “straight line” project model is long gone. Increasingly complex construction needs for commercial owners require the services of numerous trades, and even multiple “prime” contractors at times, to perform the various stages of construction. Because of the complex and multi-employer nature of the modern commercial worksite, as a contractor, you may no longer be responsible only for the safety of your own employees. Depending on the state in which your project is being built, you, as a general contractor, may be responsible for hazards at your worksite that you did not create. On federal job sites (or in states that have merely adopted the federal OSHA standard), one rule applies. In some states that have their own safety regulations, another rule applies. Under the Federal OSHA guidelines, the state regulations must be at least as stringent as those of the Federal safety regulations. This flexibility allows states to impose stricter (though not more lenient) rules upon construction site contractors. While this flexibility allows state safety officials to better tailor their policies, it has caused confusion in the multi-employer realm. Read the full story...
    Reprinted courtesy of The Office of Christopher G. Hill
    Mr. Hill may be contacted at chrisghill@constructionlawva.com

    Ninth Circuit Holds That Policies Covering Environmental Claims Do Not Have Aggregate Limits

    May 12, 2026 —
    In the case of County of San Bernardino v. Insurance Company of the State of Pennsylvania, the Ninth Circuit recently addressed the issue of whether general liability policies issued in the 1960s and 1970s included aggregate limits for claims arising under the premises-operations coverage in CGL policies. The difference between the policyholder’s interpretation of the policies’ limits clauses and the insurer’s interpretation was worth hundreds of millions of dollars in exposure for the insurer. The Court closely examined the policy language and extrinsic evidence from both the insurance industry’s drafting history and the parties before concluding that the policies were ambiguous. The Court construed that ambiguity in favor of the policyholder and ruled that aggregate limits did not apply to the claims at issue. The Court’s decision underscores the importance of carefully examining a policy’s limits, especially for older policies written before 1986 when the insurance industry revised the standard-form CGL policy to state the aggregate limits apply not only to products liability claims but to premises-operations claims as well. Decades of insurance industry drafting history confirms, as the policyholder’s submissions in this case indicate, that the industry well understood that operations claims like the environmental waste-disposal claims at issue here typically were not subject to aggregate limits. Reprinted courtesy of Lorelie S. Masters, Hunton Andrews Kurth LLP and Joseph T. Niczky, Hunton Andrews Kurth LLP Ms. Masters may be contacted at lmasters@hunton.com Mr. Niczky may be contacted at jniczky@hunton.com Read the full story...

    Seventh Circuit Finds “Additional Insured” Requirements Met Where Non-Party Subcontractor Was Proximate Cause of Underlying Injuries

    February 23, 2026 —
    In Atlanta Gas Light Company et al v. Navigators Ins. Co., Nos. 24-2888 & 24-2889 (7th Cir. Jan. 22, 2026), the Seventh Circuit Court of Appeals assessed whether an upstream contractor was an “additional insured” under an umbrella policy issued to its subcontractor. Atlanta Gas and Southern Company Gas (“AGL”) hired United States Infrastructure Corporation (“USIC”) to locate and mark gas lines that AGL owned throughout Georgia. In 2018, USIC failed to mark a gas line in Homerville, Georgia, and a boring company struck it, leading to an explosion that severely injured three women. The victims settled their claims with USIC but did not come to terms with AGL. AGL eventually did settle with the victims, but only after they sued AGL in Georgia state court (the “Underlying Suits”). AGL’s service agreement with USIC required USIC to obtain primary and excess liability insurance coverage that included AGL as an additional insured. Because USIC’s settlement with the victims exhausted its primary policy, AGL tendered the defense and indemnification of the Underlying Suits to USIC’s excess insurer, Navigators. Navigators denied the request on the ground that AGL was not an “additional insured” under the policy. Read the full story...
    Reprinted courtesy of Jason Taylor, Traub Lieberman
    Mr. Taylor may be contacted at jtaylor@tlsslaw.com

    Why Construction Tendering Needs Specialized Intelligence

    March 31, 2026 —
    The construction industry has never lacked data; it lacks usable intelligence at the moments that matter most. In the high-stakes phases of tendering and pre-construction, the industry still relies on manual “Control-F” searches through thousands of pages of unstructured documents. I recently spoke with Herman Smith, a civil engineer and former Chief Digital Officer at Multiconsult, who left the corporate world to solve this specific bottleneck. His startup, Volve, isn’t just another AI wrapper; it is a specialized “drill” designed to penetrate the complexity of construction documentation. The Paradox of Digitalization without a Productivity Boost For years, the AEC industry has faced a frustrating paradox: we have more digital tools than ever, yet productivity has not improved. Herman observed this from the inside, managing hundreds of unique software licenses while seeing companies struggle to adapt to new workflows. Read the full story...
    Reprinted courtesy of Aarni Heiskanen, AEC Business
    Mr. Heiskanen may be contacted at aec-business@aepartners.fi

    Steel Cooling: Steel Costs Steadily Decline After Pandemic Price Shock

    May 12, 2026 —
    Steel prices have continued trending downward after several years of volatility, according to Gordian’s latest analysis based on RSMeans Data. After dramatic spikes during the pandemic-era supply disruptions, the market has gradually stabilized as supply chains improve and demand softens in some construction segments. However, selective volatility and tariff uncertainty continue to influence pricing across the sector. Key findings from the report include:
    • Steel prices declining: The national average price of structural steel fell to about $2,343.93 per ton in January 2026, down 5.38% from the previous quarter and 7.18% year over year.
    • Longer-term price correction: Steel costs have been trending downward since 2024 after earlier volatility driven by inflation, supply shortages and global demand swings.
    Reprinted courtesy of Construction Executive, a publication of Associated Builders and Contractors. All rights reserved. Read the full story...

    How to Properly Fill Out and Use the Conditional Waiver and Release on Progress Payment Form Used in California Construction

    December 15, 2025 —
    This is the first article in a series of four articles discussing how to properly fill out the four California construction releases described in California Civil Code 8132 – 8138. Let me start by noting that in addition to practicing construction law for more than 35 years, I chaired the committee of California construction attorneys who revised those sections of the California Civil Code dealing with this release form and many other construction forms as part of Senate Bill 189 in 2010. I also wrote the first version of this release form and made it free to the public well before the new law took effect in 2012. With this background, let me note a few things about the Conditional Waiver and Release on Progress Payment form to help you avoid mistakes that might prevent you from achieving the intended effect or the form or releasing claim rights to a greater extent than you intend. At the end of this article is a copy of the form itself which includes numbers coinciding with the instructions I will give below. A live electronically fillable version of the form is available on our firm’s website (www.porterlaw.com) under the “Forms” section. It is free and you can fill it out on your screen before printing it out and signing it. Read the full story...
    Reprinted courtesy of William L. Porter, Porter Law Group
    Mr. Porter may be contacted at bporter@porterlaw.com