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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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    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
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    ANAHEIM CALIFORNIA CONSTRUCTION EXPERT WITNESS
    DIRECTORY AND CAPABILITIES

    Leveraging from approximately 5000 construction related expert witness designations, the Anaheim, California Construction Expert Directory provides a streamlined multi-disciplinary expert retention and support solution to attorneys and construction practice groups concerned with construction defect and claims matters. BHA provides construction claims evaluation, testimony, and support 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 regional assets which comprise construction standard of care consultants, registered architects, professional engineers, and credentialed building envelope experts, the firm brings national experience and local capabilities to Anaheim and the surrounding areas.

    Anaheim California forensic architectAnaheim California construction expertsAnaheim California roofing construction expertAnaheim California civil engineer expert witnessAnaheim California engineering consultantAnaheim California construction claims expert witnessAnaheim California consulting engineers
    Construction Expert Witness News & Info
    Anaheim, California

    Are Robotic Coworkers Soon a Reality in Construction?

    March 24, 2026 —
    General-purpose humanoid robots are in the headlines, but is the hype justified? What’s the point of having a robot home assistant when it still needs a “guy behind the curtain” to control it remotely? Despite the challenges, robots, even those that look like humans, are seriously considered as future coworkers in business environments. According to the McKinsey report ‘Will embodied AI create robotic coworkers?‘ the idea that AI-powered robots will become general-purpose coworkers is grounded in real technological progress, but not an overnight reality. Read the full story...
    Reprinted courtesy of Aarni Heiskanen, AEC Business
    Mr. Heiskanen may be contacted at aec-business@aepartners.fi

    Los Angeles Times Ranks Lewis Brisbois Third Largest Firm in LA County, Largest for Litigation

    June 08, 2026 —
    The Los Angeles Times has ranked Lewis Brisbois the third largest firm in LA County by attorney headcount, and first for number of litigation attorneys. Lewis Brisbois, whose Los Angeles office is led by Co-Managing Partners Jana I. Lubert and Kathleen Walker, has 273 attorneys working in LA County, including 167 partners. The firm ranked No. 1 for Litigation in the county, with 206 attorneys under the leadership of Partner Craig Holden. Read the full story...
    Reprinted courtesy of Lewis Brisbois

    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...

    What Massachusetts Contractors and Developers Can Learn from Cannistraro v. Columbia Construction

    July 13, 2026 —
    Introduction On June 26, 2026 the Massachusetts Supreme Judicial Court issued its decision in J.C. Cannistraro, LLC v. Columbia Construction Co.—a holding that sits at the intersection of Prompt Pay Act compliance and the Massachusetts Arbitration Act.[1] Most already know that the Massachusetts Prompt Pay Act (PPA) imposes strict timing and certification requirements for rejecting payment applications and proposed change orders on projects valued at $3 million or more. Most notably, the PPA requires the paying party to give the payee written notice of its approval or rejection of progress applications and proposed changes within 15 days of receipt, which notice must include a “factual and contractual basis for the rejection” and must be “certified as made in good faith.”[2] In the absence of a timely certified notice, payment is “deemed to be approved” unless the payor properly rejects payment before it comes due.[3] Reprinted courtesy of Anthony LaPlaca, Seyfarth Shaw LLP and Luke Marston, Seyfarth Shaw LLP Mr. LaPlaca may be contacted at alaplaca@seyfarth.com Mr. Marston may be contacted at lmarston@seyfarth.com Read the full story...

    Insurer’s Federal Suit Dismissed in Favor of Insured’s State Suit

    April 14, 2026 —
    The federal district court granted the insured’s motion to dismiss the insurer’s federal suit for declaratory judgment because the insured filed a more complete action in state court. Church Mut. Ins. Co. v. Elmwood Baptist Church, 2025 U.S. Dist. LEXIS 259762 (S.D. W.V. Dec. 16, 2025). Elmwood purchased a property policy from Church Mutual Insurance Company. After the roof of Elmwood’s property collapsed, the parties disputed the amount Church Mutual owed to Elmwood. Church Mutual filed suit in federal district court asking for a declaration that the policy was “void ab initio,’ or, alternatively, that Church had fully compensated Elmwood for its loss. Read the full story...
    Reprinted courtesy of Tred R. Eyerly, Damon Key Leong Kupchak Hastert
    Mr. Eyerly may be contacted at te@hawaiilawyer.com

    White and Williams LLP Recognized on the List of Largest Law Firms in Greater Philadelphia

    March 03, 2026 —
    White and Williams LLP was recently recognized on the list of Largest Law Firms in Greater Philadelphia by the Philadelphia Business Journal. The Firm is ranked #10 among the largest law firms in the Greater Philadelphia area. This listing ranks over 500 law firms in the counties of Bucks, Chester, Delaware, Montgomery, or Philadelphia in Pennsylvania; Atlantic, Burlington, Camden, or Gloucester in New Jersey, and Kent or New Castle in Delaware. White and Williams has been named on the list since 2023. Read the full story...
    Reprinted courtesy of White and Williams LLP

    Land Use Team Wins Appeal for Affordable Senior Housing Development in San Francisco

    February 23, 2026 —
    Sheppard successfully defended client Mitchelville Real Estate Group and its non-profit development partner Bernal Heights Housing Corporation in an appeal of a 70-unit, 100% affordable senior housing development at 3333 Mission Street in San Francisco’s Bernal Heights neighborhood. The team secured approval of the project, representing the developer on complex land use issues including split zoning, SB 35, the State Density Bonus Law, the Housing Crisis Act, tribal cultural resources and the Subdivision Map Act. Although the ministerially approved parcel map for the project utilized SB 35, it was appealed to the San Francisco Board of Supervisors and unanimously rejected. Sheppard’s real estate transactional team also assisted with the acquisition of the property. Read the full story...
    Reprinted courtesy of Sheppard

    Supreme Court Rules Tariffs Unconstitutional: Why the Construction Industry Shouldn’t Expect Calm Just Yet

    March 31, 2026 —
    The U.S. Supreme Court’s 6–3 decision in Learning Resources, Inc. v. Trump did what many expected: It held that the International Emergency Economic Powers Act (IEEPA) does not authorize the President to impose tariffs. What few anticipated was the speed of what followed: Within hours of the ruling, the administration announced replacement tariffs under Section 122 of the Trade Act of 1974, imposed a 10% global surcharge effective February 24, and signaled forthcoming Section 301 investigations against most major trading partners. For those in the construction industry hoping the Learning Resources ruling would restore market stability, the message was unambiguous. The constitutional question may be settled, but the market disruption is not. Reprinted courtesy of Christopher Barnett, Construction Executive, a publication of Associated Builders and Contractors. All rights reserved. Trump Administration Directs Agencies to Use PLAs for Large Projects, With Exceptions

    Endorsements Preclude Coverage for Alleged Faulty Workmanship

    Safety Data: Noon Presents the Hour of Greatest Danger

    Insurance Alert: Insurer Delay Extends Time to Repair or Replace Damaged Property

    Blurred Lines: New York Supreme Court Clarifies Scope of Privileged Documents in Connection with Pre-Denial Communications Prepared by Insurer's Coverage Counsel

    Court of Appeal Opens Pandora’s Box on Definition of “Contractor” for Forum Selection Clauses

    Keeping Detailed Records: The Best Defense to Constructive Eviction

    ASHRAE Seeks Comments by May 26 on Draft of Pathogen Mitigation Standard

    Rulemaking to Modernize, Expand DOI’s “Type A” Natural Resource Damage Assessment Rules Expected Fall 2023

    FirstEnergy Fined $3.9M in Scandal Involving Nuke Plants

    Florida's Third DCA Reasserts the Teeth of Chapter 558 and the Future of Construction Defect Litigation

    Brazil Congress Chiefs Deny Wrongdoing in Petrobras Scandal

    Idaho Construction Executive Found Guilty of Fraud and Tax Evasion

    Quick Note: Don’t Sue Your Arbitrator

    Supreme Court of Idaho Rules That Substantial Compliance With the Notice and Opportunity to Repair Act Suffices to Bring Suit

    Oregon Supreme Court Provides Much-Needed Clarity on the State’s Law Regarding Whether Damage from Construction Defect Constitutes An “Occurrence”

    Traub Lieberman Attorneys Recognized as 2025 Illinois Super Lawyers® and Rising Stars

    Apartment Building Damaged by Cable Installer’s Cherry Picker

    Montana Federal District Court Finds for Insurer in Pollution Coverage Dispute

    Curtain Wall Suppliers Claim Rival Duplicated Unique System

    GRSM Named Among 2025 “Best Law Firms” by Best Lawyers

    Product Manufacturers Beware: You May Be Subject to Jurisdiction in Massachusetts

    Court Compels Appraisal Although Coverage Issues Exist

    Denial of Motion to Dissolve Lis Pendens Does Not Automatically Create Basis for Certiorari Relief

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

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

    Homebuyers Get Break as Loan Rates Defy Fed Tapering: Mortgages

    New Home for the Aged Suffers Construction Defects

    Force Majeure Under the Coronavirus (COVID-19) Pandemic

    No Rest for the Weary: Project Completion Is the Beginning of Litigation

    Mandatory Arbitration Isn’t All Bad, if. . .

    Pursuing Claims for Loss Caused by Recent Kona Low Storms for Homeowners and Businesses

    U.S. Homeownership Rate Falls to Lowest Since Early 1995

    5 Questions about New York's Comprehensive Insurance Disclosure Act

    Rainwater Collecting on Rooftop is not Subject to Policy's Flood Sublimits

    Efficient Proximate Cause Applies to Policy's Collapse Provisions

    Voluntary Payments Affirmative Defense Does Not Apply in Contract Cases

    Colorado’s Housing Crisis: How S.B. 25-131 Could Be a Step in the Right Direction

    Contract Change #9: Owner’s Right to Carry Out the Work (law note)

    Fifth Circuit Asks Texas Supreme Court to Clarify Construction Defect Decision

    Best Practices in Construction– What are Yours?

    First-Party Statutory Bad Faith – 60 Days to Cure Means 60 Days to Cure

    Mediation Success – Strategies for Avoiding Prolonged Litigation and Getting To “Settled”

    The Impact of the IIJA and Amended Buy American Act on the Construction Industry

    Yellen Has Scant Power to Relieve U.S. Housing Slowdown

    Corps of Engineers to Prepare EIS for Permit to Construct Power Lines Over Historic James River

    Three Firm Members Are Top 100 Super Lawyers & Ten Are Recognized As Super Lawyers Or Rising Stars In 2018

    The Court Rules in Favor of Partners Benjamin Price and Ajay Ahluwalia’s Arbitration Ruling Awarding Damages!

    Travelers’ 3rd Circ. Win Curbs Insurers’ Asbestos Exposure

    Construction Employment Rises in Half of the States

    Orion Group Holdings Honored with Leadership in Safety Award