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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:


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    Commercial and Residential Contractors License Required.


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    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



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    ANAHEIM CALIFORNIA CONSTRUCTION EXPERT WITNESS
    DIRECTORY AND CAPABILITIES

    Through more than four thousand construction claims related expert witness designations, the Anaheim, California Construction Expert Directory provides a streamlined multi-disciplinary expert retention and support solution to builders and construction practice groups seeking effective resolution of construction defect, scheduling, and delay matters. BHA provides construction related consulting and expert witness support services to the nation's most recognized construction practice groups, Fortune 500 builders, CGL carriers, owners, as well as a variety of public entities. Utilizing in house assets which include construction delay claims experts, registered design professionals, professional engineers, and credentailed construction consultants, the firm brings national experience and local capabilities to Anaheim region.

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    Anaheim, California

    Real Estate & Construction News Roundup (6/24/26) – HUD to Fund AI Grants, Luxury Hotel Deal Investment Activity to Surge, ESPCs to Fund Energy and Infrastructure Improvements

    July 06, 2026 —
    In our latest roundup, data centers are exposed to climate change, commercial tenant sues CoStar, cities see opportunities in emerging sports markets, and more!
    • With deferred maintenance growing and capital dollars stretched thin, local governments are using ESPCs to fund energy and infrastructure improvements through future operational savings. (Vicky Uhland, Construction Dive)
    • The U.S. Department of Housing and Urban Development is offering up to $3 million in grants for local governments to deploy automated permitting and building code systems. (Ryan Kushner, Construction Dive)
    • Luxury hotel deals are set to see a surge in investment activity due to strong fundamentals and strengthening capital markets. (Noor Adatia, Hotel Dive)
    Read the full story...
    Reprinted courtesy of Pillsbury's Construction & Real Estate Law Team

    Tariffs As Taxes — What Learning Resources, Inc. v. Trump Means for Contractors and the WSDOT Specifications

    March 17, 2026 —
    In October 2025, we explored a pressing question for public works contractors: should post-contract award tariffs be reimbursable? The crux of that analysis was whether tariffs imposed after contract award constitute a tax under the Washington State Department of Transportation (WSDOT) Standard Specifications, triggering reimbursement under Section 1-07.1(5)B (“tax changes”). Since then, a landmark Supreme Court ruling in Learning Resources, Inc. v. Trump has clarified the legal nature of tariffs in a way that could significantly affect this debate. In Learning Resources, Inc. v. Trump, 607 U.S. (2026), the U.S. Supreme Court addressed whether the President had the authority under the International Emergency Economic Powers Act (IEEPA) to unilaterally impose broad tariffs on imports. Read the full story...
    Reprinted courtesy of Brett M. Hill, Ahlers Cressman & Sleight PLLC
    Mr. Hill may be contacted at brett.hill@acslawyers.com

    Judge's Order Halts Google Data Center Project in Minnesota

    July 27, 2026 —
    Construction of a $1-billion Google data center planned by Ryan Cos. on 485 acres in southeastern Minnesota was expected to start in July but is now halted under a judge’s order. Read the full story...
    Reprinted courtesy of Annemarie Mannion, Engineering News-Record
    Ms. Mannion may be contacted at manniona@enr.com

    Nevada’s Mandatory Nonbinding Arbitration Law for Civil Cases is Going Through Changes

    May 14, 2026 —
    Nevada currently operates an expedited litigation program designed to resolve civil disputes with a value up to $50,000 without incurring the “usual” expense of litigating these disputes. Over time, however, the number of civil cases that have been “exempted” from this program based on the claimed damages exceeding $50,000 has grown dramatically. In response, the Nevada Legislature recently enacted a number of rule changes designed to streamline Nevada’s arbitration process and include more cases. Among these changes are increasing the arbitration “cap” from $50,000 to $100,000. By way of background, the Nevada’s Court Annexed Arbitration program is a mandatory, non-binding program for civil cases in judicial districts that have county populations of 100,000 or more [1]. Nevada’s Court Annexed Arbitration was born out of NRS 38.250, which was enacted in 1991 and went into effect in the summer of 1992. The newly enacted NRS 38.250 was regarded as a way to address the problem of increased court caseloads while promoting judicial economy and efficiency in civil cases having a probable jury award of less than $25,000 [2]. Initially, cases that were automatically exempt from the program included class actions, medical malpractice disputes, divorce proceedings, and other domestic relations matters [3]. Reprinted courtesy of Brandon Wright, Lewis Brisbois and Manuel Gurule, Lewis Brisbois Mr. Wright may be contacted at Brandon.Wright@lewisbrisbois.com Mr. Gurule may be contacted at Manuel.Gurule@lewisbrisbois.com Read the full story...

    My Current Love-Hate Relationship with AI

    June 08, 2026 —
    It’s early in the relationship, I know. But still, there are some things that bug me. Yet, I also know that it’s a relationship in which leaving is not an option, and even if I could, it’s not to the point where it’s so bad that I would do so. So, if you would, let me gripe a bit. While there’s been much discussion about AI and, at least in my neck of the woods, a fair amount of discussion about how lawyers can, should, and must use AI or risk becoming discarded into the dustbin of history, much less has been written about clients’ use of AI. Increasingly, I’ve gotten the sense that my clients are using AI. For example, I had a client ask for confirmation that if he disagreed with an administrative decision that he could file a writ of mandate, and if so, whether that deadline was 30, 60 or 90 days after the administrative decision. The answer to the first question was yes, and as to the second question, the answer was 90 days. This was from a client who, smart as he is, probably didn’t know this off the top of his head. Read the full story...
    Reprinted courtesy of Garret D. Murai, Nomos LLP
    Mr. Murai may be contacted at gmurai@nomosllp.com

    Labor Shortages in Construction: Managing Legal and Operational Risks

    April 14, 2026 —
    Labor shortages in the construction industry have become more than a scheduling headache—they are a legal and financial risk multiplier. As contractors scramble to meet deadlines with limited manpower, shortcuts in compliance, safety and subcontractor oversight become more likely. These gaps can expose companies to regulatory penalties, contractual disputes and reputational damage. Understanding how workforce constraints intersect with labor laws and contractual obligations is critical to mitigating the risks and navigating these challenges without compromising compliance or project integrity. The construction industry has faced persistent workforce challenges for years, but recent trends have intensified the problem. Factors such as an aging workforce, reduced immigration and post-pandemic recovery pressures have left contractors struggling to find skilled labor. According to Associated Builders and Contractors, the construction workforce shortage surpassed half a million workers in 2024; in the same year, Associated General Contractors reported 88% of construction companies had difficulty finding qualified workers. Reprinted courtesy of Meghan Douris, Construction Executive, a publication of Associated Builders and Contractors. All rights reserved. Read the full story...

    Best Lawyers Honors Hundreds of Lewis Brisbois Attorneys, Names Five Partners 'Lawyers of the Year'

    September 08, 2026 —
    Best Lawyers has selected 207 Lewis Brisbois attorneys across 45 offices for its 33rd edition of The Best Lawyers in America. It has also recognized five Lewis Brisbois partners on its "Lawyers of the Year" list: Akron Partner John R. Conley (Product Liability Litigation - Defendants); Akron Managing Partner David Kern (Corporate Law; Mergers and Acquisitions Law; Private Funds / Hedge Funds Law; Tax Law; Trusts and Estates); Weirton Managing Partner Michelle L. Gorman (Mass Tort Litigation / Class Actions - Defendants); Portland Partner Megan Cook (Personal Injury Litigation - Defendants); and San Diego
    Homeowners Must Comply with Arbitration over Construction Defects

    Chambers USA 2020 Ranks White and Williams as a Leading Law Firm

    Construction Defect Scam Tied to Organized Crime?

    Kumagai Drops Most in 4 Months on Building Defect: Tokyo Mover

    Is it the End of the Lease-Leaseback Shootouts? Maybe.

    Affordable Housing should not be Filled with Defects

    "Your Work" Exclusion Bars Coverage for Contractor's Faulty Workmanship

    Fannie Mae, Freddie Mac Shares Fall on Wind-Down Measure

    The Contributors to This Blog Are Pleased to Announce That….

    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

    New York Court of Appeals Takes Narrow View of Labor Law Provisions in Recent Cases

    Recommencing Construction on a Project due to a Cessation or Abandonment

    The Woodland Hills Office Secures a Total Defense Award on Behalf of their High-End Custom Home Builder Client!

    Do Hurricane-Prone Coastal States Need to Update their Building Codes?

    Eighth Circuit Remands to Determine Applicability of Collapse Exclusion

    “Freelance Isn’t Free” New Regulations Adopted in New York City Requiring Written Contracts with Independent Contractors

    Real Estate & Construction News Roundup (2/5/25) – The Effect of Trump’s Policies on the Housing Market, Property Value Loss in the Face of Climate Change, and a Transitional Year for the Apartment Market

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    See the Stories That Drew the Most Readers to ENR.com in 2023

    New York Court Rules on Architect's Duty Under Contract and Tort Principles

    Real Estate & Construction News Roundup (8/6/24) – Construction Tech Deals Surge, Senators Reintroduce Housing Bill, and Nonresidential Spending Drops

    Home Prices in 20 U.S. Cities Rose in June at a Slower Pace

    Unwrapped Pipes Lead to Flooding and Construction Defect Lawsuit

    U.S. Housing Starts Top Forecast on Single-Family Homes

    California Appellate Court Holds “Minimal Causal Connection” Satisfies Causation Requirement in All Risk Policies

    Scope of Alaska’s Dump Lien Statute Substantially Reduced For Natural Gas Contractors

    Florida’s Fourth District Appeals Court Clarifies What Actions Satisfy Florida’s Construction Defect Statute of Repose

    Ortega Outbids Pros to Build $10 Billion Property Empire

    Surfside Condo Collapse Investigators Have Nearly Finished Technical Work

    Understanding Common Risk-Shifting Provisions in Construction Contracts

    Hurdles with Triggering a Subcontractor Performance Bond

    Want to Build Affordable Housing in the Heart of Paris? Make It Chic.

    California Supreme Court Clarifies Deadline to File Anti-SLAPP Motions in Light of Amended Pleadings

    Fifth Circuit -- Damage to Property Beyond Insured’s Product/Work Not Precluded By ‘Your Product/Your Work Exclusion’

    The National Labor Relations Board Joint Employer Standard is Vacated by the Eastern District of Texas

    Chinese Billionaire Sues Local Governments Over Project Payment

    Construction Attorneys: Contract Negotiation Strategy

    California Supreme Court Upholds Insurance Commissioner’s Authority to Regulate Replacement Cost Estimates

    New Law, Old Risks: Why Colorado’s H.B. 25-1272 May Backfire on Builders

    Where Did That Punch List Term Come From Anyway?

    Vancouver’s George Massey Tunnel Replacement May Now be a Tunnel Instead of a Bridge

    Key Amendments to Insurance Claims-Handling Regulations in Puerto Rico

    Margins May Shrink for Home Builders

    Insurer Obligated to Cover Preventative Remediation of Construction Defects

    Saudi Prince’s Megacity Shows Signs of Life

    Maine Court Allows $1B Hydropower Transmission Project to Proceed

    Denver Passed the Inclusionary Housing Ordinance

    Rikus Locati Selected to 2024 Northern California Rising Stars!

    Prompt Payment More Likely on Residential Construction Jobs Than Commercial or Public Jobs

    N.J. Appellate Court Confirms that AIA Construction Contract Bars Insurer's Subrogation Claim

    Real Estate & Construction News Roundup (9/4/24) – DOJ Sues RealPage, Housing Sales Increase and U.S. Can’t Build Homes Fast Enough

    Few Homes Available to Reno Buyers, Plenty of Commercial Properties

    Rising Construction Disputes Require Improved Legal Finance

    Seattle Developer Defaults on Renovated Office Buildings

    New Survey Reveals Present-Day Risks of Asbestos Exposure in America - 38% in High-Risk Jobs, 47% Vulnerable through Second-Hand Exposure

    Engineering Report Finds More Investigation Needed of Balconies at New Jersey Condo

    Lewis Brisbois’ Houston Office Selected as a 2020 Top Workplace by the Houston Chronicle

    Federal Court Upholds Uninsured Contractor Endorsement; Finds Duty to Defend Anyway

    We've Surveyed Video Conferencing Models to See Who Fits the CCPA Bill: Here's What We Found

    Bert L. Howe & Associates to Join All-Star Panel at West Coast Casualty Seminar

    Unpredictable Power Surges Threaten US Grid — And Your Home

    Contractor Covered for Voluntary Remediation Efforts in Completed Homes

    Broken Buildings: Legal Rights and Remedies in the Wake of a Collapse

    Consider the Risks Associated with an Exculpatory Clause

    Real Estate & Construction News Roundup (7/10/24) – Strong Construction Investment in Data Centers, Increase Use of Proptech in Hospitality and Effects of Remote-Work on Housing Market

    Construction Defect Not a RICO Case, Says Court