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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
    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

    Failure to Allege Property Damage Within Policy Period Defeats Insured's Claim

    Not So Unambiguous: California Court of Appeal Finds Coverage for Additional Insured

    U.S. Government Bans Use of Mandatory Arbitration Agreements between Nursing Homes and Residents, Effective November 28, 2016

    The Preservation Maze

    Construction Contracts that Mitigate Impacts from Tariffs and Immigration Enforcement

    Hong Kong Property Tycoon Makes $533 Million Bet on Solar

    Floating Crane on Job in NYC's East River Has a Storied Past of Cold War Intrigue

    NAHB Speaks Out Against the Clean Water Act Expansion

    Janus v. AFSCME

    Georgia State and Local Governments Receive Expanded Authority for Conservation Projects

    Traub Lieberman Attorneys Lisa Rolle and Christopher Acosta Win Motion to Dismiss in Bronx County Trip and Fall

    Climate Disasters Are an Affordable Housing Problem

    The Nightmare Scenario for Florida’s Coastal Homeowners

    The Condominium Warranty Against Structural Defects in the District of Columbia

    Were Condos a Bad Idea?

    Disputes Over Arbitrator Qualifications: The Northern District of California Offers Some Guidance

    Columbus, Ohio’s Tallest Building to be Inspected for Construction Defects

    Navigating Tariffs in Construction Contracts: Creative Strategies for Owners and Contractors

    Florida “get to” costs do not constitute damages because of “property damage”

    Protecting Expert Opinions: Lessons Regarding Attorney-Client Privilege and Expert Retention in Construction Litigation

    No One to Go After for Construction Defects at Animal Shelter

    Coping With The New Cap And Trade Law

    Appraisal Goes Forward Even Though Insurer Has Yet to Determine Coverage on Additional Claims

    HHMR Celebrates 20 Years of Service!

    Ivanhoe Cambridge Plans Toronto Office Towers, Terminal

    Is The Enforceability Of A No-Damage-For-Delay Provision Inappropriate For Summary Judgment

    Enerpac Plays Critical Role in Industry-changing Discovery for Long Span Bridges at The University of Nebraska-Lincoln

    Two Snell & Wilmer Attorneys Selected as 2026 San Diego Super Lawyers Rising Stars

    Congratulations to all of our 2023 Attorneys Named as Super Lawyers and Rising Stars

    Eastern District of Pennsylvania Confirms Carrier Owes No Duty to Defend Against Claims for Faulty Workmanship

    The Impact of Sopris Lodging v. Schofield Excavation on Timeliness of Colorado Construction Defect Claims

    Be Sure to Bring Up Any Mechanic’s Lien Defenses Early and Often

    Court Finds That Split in Underground Storage Tank is Not a Covered Collapse

    Construction Law Breaking News: California Supreme Court Rules in Favor of Beacon Residential Community Association

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    A Riveting (or at Least Insightful) Explanation of the Privette Doctrine

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    Insurers Can Sue One Another for Defense Costs on Equitable Indemnity and Equitable Contribution Basis

    Real Estate & Construction News Round-Up (01/11/23) – Construction Tech, Housing Market Confidence, and Decarbonization

    Reversing Itself, Alabama Supreme Court Finds Construction Defect is An Occurrence

    Making Construction Innovation Stick

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

    Arizona Court of Appeals Rules Issues Were Not Covered in Construction Defect Suit

    Building the Research and Healthcare Facilities of Tomorrow Without Impacting the Progress of Today

    Application of Efficient Proximate Cause Doctrine Supports Coverage

    Out of Eastern Europe, a Window Into the Post-Pandemic Office

    New Member Added to Seattle Law Firm Williams Kastner

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    Colorado Legislature Kills SB 20-138 – A Bill to Extend Colorado’s Statute of Repose
    Corporate Profile

    ANAHEIM CALIFORNIA CONSTRUCTION EXPERT WITNESS
    DIRECTORY AND CAPABILITIES

    Through more than four thousand construction, architectural, and engineering related expert designations, the Anaheim, California Construction Expert Directory delivers a streamlined multi-disciplinary expert retention and support solution to lawyers and construction practice groups seeking effective resolution of construction defect and claims matters. BHA provides construction claims investigation and expert services to the industry's most recognized construction attorneys, Fortune 500 builders, CGL carriers, owners, as well as a variety of public entities. Utilizing in house resources which comprise licensed general and specialty contractors, consulting civil engineers, NCARB certified architects, roofing, and building envelope experts, the construction experts group brings national experience and local capabilities to Anaheim and the surrounding areas.

    Anaheim California building code compliance expert witnessAnaheim California expert witness commercial buildingsAnaheim California building code expert witnessAnaheim California slope failure expert witnessAnaheim California engineering consultantAnaheim California construction claims expert witnessAnaheim California expert witness windows
    Construction Expert Witness News & Info
    Anaheim, California

    Legal 500 US Ranks Hunton’s Insurance Coverage Team Among Top Policyholder Practices in 2026 Guide

    July 06, 2026 —
    Hunton’s insurance coverage practice was once again recognized among the nation’s top policyholder insurance practices, receiving a Band 2 national ranking in the 2026 United States Edition of The Legal 500 for Insurance: Advice to Policyholders. The Legal 500 recognizes firms solely based on merit through numerous factors including client feedback and peer input. Bolstering the team’s national recognition, several coverage lawyers received individual accolades: special counsel Lorelie “Lorie” S. Masters was named to The Legal 500’s Hall of Fame; team head Syed S. Ahmad and partner Michael S. Levine were named Leading Lawyers; and partners Andrea DeField and Latosha M. Ellis were named Next Generation Partners. In addition, partners Walter J. Andrews, Lawrence J. Bracken II, and Koorosh “KT” Talieh were recognized as Key Lawyers on the team. Read the full story...
    Reprinted courtesy of Hunton Andrews Kurth LLP

    One Year In: A Look at the Initial Impacts of LEED v5 on the Built Environment

    October 20, 2026 —
    As federal climate policies shift, the built environment has entered a period of uncertainty where developers, designers and owners need to find pragmatic, forward-looking approaches to sustainability. A year after its launch on April 28, 2025, LEED v5 is helping lead that charge by pushing the industry toward a stronger long-term focus on carbon reduction, climate resilience and building performance. The framework of this certification provides a snapshot of the current state of the industry and an indication of where it may be headed in the future. LEED v5’s introduction has helped to begin reframing and informing the approaches of both mission-driven and cost-conscious clients, providing a framework to align their decisions more closely with sustainable priorities by emphasizing carbon reduction, energy efficiency and electrification. These standards can help teams make investments strategically by phasing in upgrades, planning for future technologies and demonstrating how the rating system is influencing long-term decision-making across projects. Reprinted courtesy of Eric Haggstrom, Construction Executive, a publication of Associated Builders and Contractors. All rights reserved. Read the full story...

    Beyond the Storm: How Non-Hurricane Catastrophes Expose Florida’s Construction Defect Blind Spot

    August 11, 2026 —
    On June 8, 2026, a magnitude 6.1 earthquake struck the Gulf near the coast of Cuba, the largest instrumentally recorded earthquake in the Gulf since seismic monitoring began in 1950. Buildings swayed, offices were evacuated, and many residents along the east coast of Florida, from Miami-Dade to Jacksonville, felt the ground shake. Although no tsunami followed and reported structural damage was limited, this event exposed a blind spot that Florida property owners, developers, and their counsel cannot afford to ignore: catastrophic stress on Florida buildings does not always come in the form of a named storm. Florida property owners have grown accustomed to preparing for wind, storm surge, floods, and torrential rain. Far less attention is paid to earthquakes, sinkholes, tornadoes, hail, and non-tropical flooding, each of which can place unexpected stress on buildings not designed with those forces top of mind and can trigger deficiencies in buildings that were not otherwise known, expose design failures, and create an urgency for both insurance claims and subsequent litigation. Non-Hurricane Triggers of Latent Defects Seismic activity is the clearest example. Florida’s building code accounts for wind loads, not seismic forces, meaning even a moderate earthquake can reveal weaknesses in curtain wall systems, structural connections, or foundations that were already marginal. Sinkholes, driven by Florida’s karst limestone geology, remain a persistent threat, particularly in Central Florida, where subsurface voids can undermine foundations without warning. Non-tropical flooding, like the record rainfall that flooded South Florida in June 2024, can intrude through building envelopes and waterproofing systems that were never stress-tested for such volumes of water. Tornadoes and hail, while more localized, can cause roofing and envelope failures that mimic, mask, or trigger latent construction defects. The Litigation and Coverage Disputes That Follow When one of these events strikes a building already carrying undisclosed or unresolved construction defects, the resulting disputes become considerably more complex. Property owners and associations must move quickly to document existing conditions and distinguish damage caused by the event from pre-existing defective construction, the same causation issue that arises in the hurricane context under Chapter 558, but often without the benefit of established precedent or adjuster experience with these less common events. Insurance coverage disputes frequently follow close behind. Carriers may dispute whether an earthquake, flood, or other peril is covered at all, particularly where policies contain earthquake or flood exclusions requiring separate endorsements, or anti-concurrent causation language that can bar coverage entirely when a covered peril combines with an uncovered one, such as pre-existing defective construction, to cause a loss. Sinkhole claims carry their own statutory framework under Florida law, requiring specific testing protocols and reporting before a claim is compensable. Developers and contractors, in turn, may find themselves defending Chapter 558 claims while simultaneously litigating with their own carriers over defense and indemnity obligations. Practical Risk Mitigation Strategies Property owners, associations, and developers can take several concrete steps to reduce their exposure. First, maintain thorough documentation, including engineering reports, maintenance logs, and photographs, well before any event occurs. This documentation is often the deciding factor in causation disputes. Second, engage structural engineers and consultants immediately following any seismic event, unusual flooding, or storm damage, regardless of whether a hurricane is involved. Prompt inspection preserves evidence and can help prevent inadvertent waiver of construction defect claims. Third, review insurance policies regularly with counsel or a broker to confirm earthquake, flood, and sinkhole coverage matches the property’s actual risk profile, rather than assuming a standard property policy responds to every peril. Fourth, avoid rushing to remediate before conditions are documented and/or before consulting counsel. Well-intentioned repairs can inadvertently compromise evidence needed to prove a defect claim. The June earthquake was a reminder that Florida’s catastrophic risk profile extends beyond hurricane season. Property owners, associations, and developers who build readiness plans around all forms of catastrophic stress, not just named storms, will be far better positioned when the next unexpected event occurs. Franchesco “Frank” Soto is a partner in Ball Janik’s Construction Defect Practice Group in Miami. He may be reached at fsoto@balljanik.com. Amanda L. Gonzalez is a litigation attorney in Ball Janik’s Construction Defect Practice Group in Miami. She may be reached at agonzalez@balljanik.com.

    White and Williams LLP Secures a Clean Sweep Dismissal of Architect's Professional Liability Coverage Lawsuit

    August 16, 2026 —
    White and Williams LLP achieved a complete dismissal of professional liability coverage claims through a strategic defense led by Insurance Coverage and Bad Faith Practice Group attorneys Daniel E. Bryer, Partner and Brendaliz Minaya Ruiz, Associate. In a nuanced action styled, Vincent Cusumano Architect P.C., et al. v. Berkshire Hathaway Direct Insurance Company, et al., decided in the U.S. District Court for the District of New Jersey, plaintiffs asserted twelve pre-contractual and contractual-based causes of action against their liability insurer, Berkshire Hathaway Direct Insurance Company, and its insurance agent (collectively, “Defendants”) for denying a professional liability claim arising from plaintiffs’ prior work. Reprinted courtesy of Daniel E. Bryer, White and Williams LLP and Brendaliz Minaya Ruiz, White and Williams LLP Mr. Bryer may be contacted at bryerd@whiteandwilliams.com Ms. Ruiz may be contacted at minayaruizb@whiteandwilliams.com Read the full story...

    LA Scores Major Victory in a High-Exposure Premises Liability Action

    July 06, 2026 —
    Our firm is proud to announce a decisive defense victory obtained by Partner Daniel Crespo and Associate Lauren Landau for our client in a high-exposure premises liability action arising from a 2022 incident at an active school construction site in Perris, California. On March 10, 2026, the Riverside County Superior Court granted Summary Judgment in full for our client, dismissing all claims brought by Plaintiff, who alleged she tripped and fell over a curb while picking up her daughter from school and sustained ankle and wrist injuries as a result. Through meticulous preparation and the strategic use of construction plans, contractual documents, and onsite surveillance video evidence, our team demonstrated that our client had no ownership, possession, or control over the portion of the existing sidewalk where the incident occurred, with construction plans unambiguously designating the area as pre-existing concrete outside our client’s scope of work, and the Construction Services Agreement expressly reserving control over all existing site improvements to the school district. Read the full story...
    Reprinted courtesy of Bremer Whyte Brown & O'Meara LLP

    We’re Burning Tokens to Clean Up Bad PDFs

    August 24, 2026 —
    Last Thursday, researchers from Tampere and Aalto universities reported on preliminary results of two AI- and digitalization-related projects. One project demonstrated how AI can automate the Bill of Materials process; the other tried to quantify the impact of data-driven construction and AI. The conclusion was that AI-powered automation can dramatically increase productivity, but unevenly. However, the substantial benefits may come from better outcomes rather than project efficiency. Various standards, company-specific practices, project-specific schemas, and traditions are designed for humans to comprehend. 2D drawings and text documents as PDF files, Excel sheets, and design and planning software have the information, but not the data in ideal form for automation. Read the full story...
    Reprinted courtesy of Aarni Heiskanen, AEC Business
    Mr. Heiskanen may be contacted at aec-business@aepartners.fi

    Managing Rising Costs and Shifting Legal Risk for Florida High-Rise and Condominium Projects

    May 05, 2026 —
    Florida's construction defect landscape is experiencing a major shift. The convergence of material and labor cost volatility, regulatory tightening, and increasingly complex litigation strategies is forcing associations, developers, and their counsel to rethink how they approach risk management and dispute resolution. For those managing large-scale condo and high-rise projects, the stakes have never been higher. The Cost Volatility Trap Construction material prices rose at a "staggering" 12.6% annualized rate during the first two months of 2026, according to recent industry analysis. Tariff impacts are projected to lead to more increases of 5.4% to 6.8%, depending on property type. For associations facing construction defect claims, this volatility creates a cascading problem: repair scopes defined two years ago are now dramatically underpriced, and damage calculations that appeared reasonable at discovery are obsolete by the time of settlement. Courts and mediators are increasingly scrutinizing how cost estimates were developed and whether they account for existing market circumstances. Associations must now commission updated repair assessments more frequently, a practice that increases investigation costs but strengthens the credibility of damage claims. Conversely, defendants are weaponizing cost inflation as a defense, arguing that claimed damages are speculative or inflated. The practical result: repair sequencing and phasing strategies have become critical litigation tools. Associations that can demonstrate a rational, cost-effective repair plan tied to current market data are more favorably placed in settlement negotiations. Regulatory Pressure and Deliberate Timing Florida's 2026 condo compliance regime has significantly changed the defect claims landscape. Elevated transparency requirements, stricter reserve funding mandates, and tightened building safety inspection protocols mean that associations now face dual pressures: Comply with new regulations while simultaneously handling construction defect exposure. This regulatory environment is changing investigation and documentation strategy. Associations that delay defect investigation to avoid triggering reserve funding obligations or disclosure requirements are taking on considerable legal risk. Recent case law such as the Third District Court of Appeal's reaffirmation of Chapter 558's pre-suit mediation requirements, underscores Florida's intent to resolve disputes early. Associations that move deliberately and record carefully during the pre-suit phase gain leverage in mediation and reduce the risk of expensive litigation. Timing also intersects with repair sequencing. Associations must now balance the urgency of compliance inspections against the strategic advantage of phased repairs. Some associations are using compliance deadlines as a forcing mechanism to accelerate settlement discussions, while others are sequencing repairs to demonstrate good-faith remediation efforts before litigation commences. The Emerging Risk Transfer Challenge As construction defect claims grow more complex and costly, the traditional risk transfer systems, such as design-build warranties, contractor bonds, and insurance, are proving inadequate. Developers and general contractors are increasingly shifting risk to subcontractors and material suppliers, fragmenting liability and complicating recovery efforts for associations. Permitting and approval friction is also creating new litigation pressure points. Delays in municipal approvals, changes to building code interpretations, and disputes over remedial work compliance continue to spawn collateral claims that go beyond the original defect. Associations must now anticipate not only defect liability but also regulatory compliance disputes with municipalities, creating a dual-front legal challenge. For large communities, this means reconsidering the entire risk architecture. Insurance carriers are tightening coverage, and traditional indemnification chains are breaking down. Forward-thinking associations are engaging counsel earlier in the development process to negotiate clearer risk allocation provisions and more robust insurance requirements. Taking a Data-Driven Approach Managing rising costs and shifting legal risk in Florida's high-rise and condo market requires a more sophisticated, data-driven approach. Associations must commission frequent cost updates, move deliberately through pre-suit investigation and mediation, and challenge traditional assumptions about risk transfer. Developers and their counsel should view regulatory compliance not as a burden but as an opportunity to demonstrate good-faith risk management and strengthen settlement positioning. The firms and associations that succeed in 2026 will be those that treat cost volatility, regulatory change, and litigation strategy not as separate challenges but as linked elements of a coherent risk management framework. Stephen Hauptman is special counsel in Ball Janik LLP’s Fort Lauderdale office. He may be reached at shauptman@balljanik.com.

    Cal Unity Bar Names Angela Zanin as Statewide President

    August 11, 2026 —
    The California Unity Bar has named Los Angeles Partner Angela Zanin as its statewide president for the 2026-2027 term. This appointment follows Ms. Zanin's extensive involvement in the organization, including as the founding co-chair of the Los Angeles County Unity Bar in 2024 and as its chair for the 2024-2025 term. Ms. Zanin also has served as a member of the Executive Steering Committee of the California Unity Bar since 2025. In her inaugural message as president, which the Cal Unity Bar published in its newsletter of July 2026, Ms. Zanin stated that she vowed to continue the organization’s “commitment to promoting equal opportunities and embracing diversity, equity, and inclusion in the State of California.” She also noted that as she assumed the role of president, she thought of “the famous words of Dr. Martin Luther King, Jr.: ‘The arc of the moral universe is long, but it bends toward justice.”’ Ms. Zanin closed her message by observing, “At a time when the rule of law faces challenges, our alliance stands strong, built on trust and confidence in each other.” Read the full story...
    Reprinted courtesy of Lewis Brisbois