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

    Developers Celebrate Arizona’s Opportunity Zones

    Land a Cause of Home Building Shortage?

    A Court-Side Seat: Coal-Fired Limitations, the Search for a Venue Climate Change and New Agency Rules that May or May Not Stick Around

    Living on The Edge: The Unacknowledged Delay/Acceleration

    Three Attorneys Named Among The Best Lawyers in America 2018

    Second Circuit Clarifies What Must Be Alleged to Establish “Joint Employer” Liability in the Context of Federal Employment Discrimination Claims

    Make Sure to Properly Perfect and Preserve Construction Lien Rights

    Ohio Court of Appeals: Absolution Pollution Exclusion Bars Coverage for Workplace Coal-Tar Pitch Exposure Claims

    Builder Waits too Long to Dispute Contract in Construction Defect Claim

    In All Fairness: Illinois Appellate Court Finds That Arbitration Clause in a Residential Construction Contract Was Unconscionable and Unenforceable

    New York Team Secures Appellate Win on Behalf of National Home Improvement Chain

    American Council of Engineering Companies of California Selects New Director

    Microsoft Said to Weigh Multibillion-Dollar Headquarters Revamp

    Veterans Day – Thank You for Your Service

    Why 8 Out of 9 Californians Don't Buy Earthquake Insurance

    UCP Buys Citizen Homes

    ASCE Statement on Calls to Suspend the Federal Gas Tax

    Big Builder’s Analysis of the Top Ten Richest Counties

    GA Federal Court Holds That Jury, Not Judge, Generally Must Decide Whether Notice Was Given “As Soon as Practicable” Under First-Party Property Damage Policies

    Colorado Supreme Court Grants the Petition for Writ of Certiorari in Vallagio v. Metropolitan Homes

    Construction Projects and Subrogation: Timing is Everything

    The Colorado Court of Appeals Rules that a Statutory Notice of Claim Triggers an Insurer’s Duty to Defend.

    How Finns Cut Construction Lead Times in Half

    Faulty Workmanship Exclusion Does Not Bar Coverage

    Can Foreclosure Sale Be Overturned Because Sale Price Is Grossly Inadequate?

    Insured’s Breach of Contract Claim Survives Motion to Dismiss, but Bad Faith Claim Does Not

    CGL, Builders Risk Coverage and Exclusions When Construction Defects Cause Property Damage

    The Unwavering Un-waivable Implied Warranty of Workmanship and Habitability in Arizona

    Looking for a Way Out

    An Interesting Look at Mechanic’s Lien Priority and Necessary Parties

    MGM Begins Dismantling of the Las Vegas Harmon Tower

    Updates to the CEQA Guidelines Have Been Finalized

    Hammer & Hand’s Top Ten Predictions for US High Performance Building in 2014

    “Time Is Money!” In Construction and This Is Why There Is a Liquidated Damages Provision

    Quick Note: Independent Third-Party Spoliation Of Evidence Claim

    Architect Blamed for Crumbling Public School Playground

    Asserting Non-Disclosure Claim Involving Residential Real Property and Whether Facts Are “Readily Observable”

    Florida Condos Bet on Americans Making 50% Down Payments

    WSHB to Present on Top Six Construction Contract Pain Points at Virtual CLE Conference

    Building Group Has Successful 2012, Looks to 2013

    Arizona Supreme Court Confirms a Prevailing Homeowner Can Recover Fees on Implied Warranty Claims

    White House Seeks $310M To Fix Critical San Diego Wastewater Plant

    TARP Funds Demolish Homes in Detroit to Lift Prices: Mortgages

    Colorado Supreme Court Weighs in on Timeliness of Claims Against Subcontractors in Construction Defect Actions

    Fixed Price, Fluid Quantities: The Hidden Risks in Lump Sum Agreements with Variable Units

    AEC Business Is a Top 25 Podcast in Construction Tech

    WSDOT Excludes Non-Minority Women-Owned DBEs from Participation Goals

    Fatal Boston Garage Demolition Leaves Long Road to Recovery

    As Florence Eyes East Coast, Are You Looking At Your Insurance?

    Intellectual Property And Employment Law Best Practices: Are You Covering Your Bases In Protecting Construction-Related Trade Secrets?
    Corporate Profile

    ANAHEIM CALIFORNIA CONSTRUCTION EXPERT WITNESS
    DIRECTORY AND CAPABILITIES

    Through more than four thousand general contracting and design related expert designations, the Anaheim, California Construction Expert Directory provides a wide spectrum of trial support and consulting services to developers, risk managers, and construction claims professionals concerned with construction defect, scheduling, and delay claims. BHA provides building related trial support and expert consulting services to the nation's leading construction practice groups, Fortune 500 builders, general liability carriers, owners, as well as a variety of public entities. In connection with in house assets comprising building envelope experts, forensic architects, professional engineers, credentialed construction standard of care consultants, the firm brings regional experience and flexible capabilities to the Anaheim construction industry.

    Anaheim California delay claim expert witnessAnaheim California soil failure expert witnessAnaheim California architect expert witnessAnaheim California construction expert witnessesAnaheim California contractor expert witnessAnaheim California construction expert testimonyAnaheim California construction cost estimating expert witness
    Construction Expert Witness News & Info
    Anaheim, California

    Insured’s Failure to Determine Depreciation When Presenting Claim for Replacement Cost Value

    August 16, 2026 —
    The Third Circuit affirmed the district court’s granting of summary judgment to the insurer when the insured submitted replacement cost value of the loss but did not include a determination of depreciation. Kimmel v. Massachusetts Bay Ins. Co., 2026 U.S. App. LEXIS 16569 (3d Cir. June 9, 2026). A lightning strike downed a tree on the insured’s property, causing extensive damage to the home. The insured had a homeowner’s policy with Massachusetts Bay Insurance Company (MBIC). MBIC denied the claim, determining that much of the claimed damage already existed and that several policy exclusions otherwise barred coverage. The insured filed suit for breach of contract and bad faith. Read the full story...
    Reprinted courtesy of Tred R. Eyerly, Damon Key Leong Kupchak Hastert
    Mr. Eyerly may be contacted at te@hawaiilawyer.com

    Wisconsin Supreme Court Finds Coverage Under Ensuing Loss Provisions

    September 29, 2026 —
    Reversing the trial court’s grant of summary judgment to the insurer, the Wisconsin Supreme Court determined that genuine issues of material fact existed on whether ensuing losses as defined in the policy were covered. Cincinnati Ins. Co. v. Ropicky, 2026 Wisc. LEXIS 302 (Wis. July 7, 2026). The insured suffered damage during a storm on May 11, 2018, when rainwater poured into the home. The insureds gave notice to their insurer, Cincinnati. Upon inspection, Cincinnati determined that water intrusion resulted from multiple construction defects in the home. In the front of the home, water entered through a gap in the stone veneer. The inspector also concluded that the damage from rainwater was not just from the May 11, 2018, storm, but damage had occurred from prior storm events. Read the full story...
    Reprinted courtesy of Tred R. Eyerly, Damon Key Leong Kupchak Hastert
    Mr. Eyerly may be contacted at te@hawaiilawyer.com

    Pulling the Plug, Preserving the Product: Protecting Rights to a Modular Subcontractor’s Work Post-Termination

    June 08, 2026 —
    Volumetric Modular Construction (VMC) is a building method where a structure is divided into large components or modules, fabricated in an offsite factory and then transported to a construction site for assembly.[1] Proponents of VMC hail it as a cost-efficient alternative to traditional building methods that leads to more consistent quality and shorter construction duration.[2] Due to a growing labor shortage, high demand for compressed project schedules, and stagnant construction productivity rates, the construction industry is embracing VMC.[3] A recent report on the market size of prefabricated construction estimates that from 2026 to 2031, VMC will grow at a compound annual growth rate of 7.16% and become a 413.11-billion-dollar industry.[4] As VMC becomes more prevalent, owners, general contractors, and subcontractors must consider how to effectively contract for modular construction. One important consideration, which this article focuses on, is navigating termination of a modular subcontractor. Read the full story...
    Reprinted courtesy of Paul Williamson, Peckar & Abramson, P.C.
    Mr. Williamson may be contacted at pwilliamson@pecklaw.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

    From Dark Data to Building Intelligence

    July 13, 2026 —
    In this episode, I talk with Mark Sorsa-Leslie, founder and CEO of Auttaa AI, whose team just won first place in Luotea’s inaugural hackathon in Helsinki for turning property maintenance from reactive firefighting into proactive forecasting with AI. Mark is a chartered surveyor with 30 years of real estate data experience, previously the founder of the UK sensor company Beringar. We discuss why so much building data stays dark and siloed, from outdated networking technology to the shortage of people who understand both engineering and property. Mark explains how Auttaa bridges real-time building data with large language models, using what he calls an “influence graph” to surface correlations and causation across previously disconnected systems, such as linking occupancy patterns to CO2 readings to diagnose ventilation problems in minutes rather than days. Read the full story...
    Reprinted courtesy of Aarni Heiskanen, AEC Business
    Mr. Heiskanen may be contacted at aec-business@aepartners.fi

    PJM’s Reliability Backstop Procurement Proposal—Fast-Track Capacity to Meet Rising Large-Load Demand

    May 12, 2026 —
    In January, we discussed the Statement of Principles jointly signed by the National Energy Dominance Council and governors across the mid-Atlantic region—framing accelerating demand (especially from large-scale data centers) as an emergency reliability issue for PJM Interconnection, L.L.C. (PJM), the nation’s largest power grid operator. That policy signal is now becoming a near-term, accelerated procurement and contracting exercise. On April 8, 2026, PJM notified stakeholders of a critical issue fast path reliability backstop procurement process. PJM subsequently released a request for information (RFI) with respect to a proposed Reliability Backstop Procurement (RBP)—a one-time mechanism intended to attract significant new capacity to address projected reliability shortfalls driven by large-load growth. RBP compresses what is often a multiyear market and regulatory conversation into a fast-moving set of commercial choices. Developers, large loads, utilities and capital providers should be preparing now for (i) an accelerated bilateral contracting window and (ii) a standardized PJM-led backstop procurement if bilateral deals do not clear enough capacity. Reprinted courtesy of Stephen J. Humes, Pillsbury, Alicia M. McKnight, Pillsbury, Jason Drogin Atwood, Pillsbury and Andrew H. Jacobs, Pillsbury Mr. Humes may be contacted at stephen.humes@pillsburylaw.com Ms. McKnight may be contacted at alicia.mcknight@pillsburylaw.com Mr. Atwood may be contacted at jason.atwood@pillsburylaw.com Mr. Jacobs may be contacted at andrew.jacobs@pillsburylaw.com Read the full story...

    GRSM Secures Illinois Appellate Victory for Architectural Firm in Implied Warranty Dispute

    May 14, 2026 —
    Gordon Rees Scully Mansukhani Partner Jonathan Federman, Partner Thomas Cronin, and Senior Counsel Garrett Lee recently secured a victory in the Illinois Appellate Court, Fifth District, on behalf of the firm’s client, an architectural firm, in a liability dispute. The case arose following an entity’s purchase of a 111-unit building for use as an investment or rental property. The plaintiff made claims against the architect of the building, alleging that there were design defects that breached an implied warranty, as well as a negligence claim. GRSM argued that an architect could not be liable for implied warranties, particularly for an implied warranty which no Illinois court has ever recognized. GRSM further argued that Illinois law bars an architect from liability for negligence arising from a duty pursuant to contract under the economic loss doctrine. Read the full story...
    Reprinted courtesy of Gordon Rees Scully Mansukhani

    Federal Bid Protest Standard of Review and Disparate Treatment with Ratings

    August 16, 2026 —
    A recent decision out of the Federal Claims Court explains the post-award bid protest standard of review. In Massman Construction Co. v. U.S., 2026 WL 1971985 (Fed.Cl. 2026), a protestor brought a post-award bid protest after the Army Corps of Engineers awarded the contract to another contractor. The protestor argued that the Army Corps (government) acted irrational in its evaluation through disparate treatment. The Court of Federal Claims agreed and remanded for the Army Corps to “either justify this disparity or explain why [awardee’s] lower-priced, but technically inferior proposal provides the best value to the government.” Massman Construction, supra at *1. Read the full story...
    Reprinted courtesy of David Adelstein, Kirwin Norris
    Mr. Adelstein may be contacted at dma@kirwinnorris.com