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

    Julie Firestone & Francois Ecclesiaste Recognized as 2023 MSBA North Star Lawyers

    Alabama Supreme Court Reverses Determination of Coverage for Faulty Workmanship

    Is a Violation of a COVID-19 Order the Basis For Civil Liability?

    Surety’s Several Liability Under Bonds

    Eleventh Circuit’s Noteworthy Discussion on Bad Faith Insurance Claims

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

    Read Her Lips: “No New Buildings”

    Construction Bright Spot in Indianapolis

    New York Appellate Court Applies Broad Duty to Defend to Property Damage Case

    Angela Zanin Featured in LACBA List of Women’s History Month Honorees

    Congratulations 2016 DE, MA, NJ, NY and PA Super Lawyers and Rising Stars

    Consultant Says It's Time to Overhaul Construction Defect Laws in Nevada

    Association Bound by Arbitration Provision in Purchase-And-Sale Contracts and Deeds

    CDJ’s #5 Topic of the Year: Beacon Residential Community Association v. Skidmore, Owings & Merrill, et al.

    Just a House That Uses 90 Percent Less Energy Than Yours, That's All

    Blog Completes Seventeenth Year

    FERC’s New Order on Data Center Co-Location: What Utilities Need to Know

    Sixth Circuit Rejects Claim for Reverse Bad Faith

    Construction Leads World Trade Center Area Vulnerable to Flooding

    AB5 Construction Exemption – A Checklist to Avoid Application of AB5’s Three-Part Test

    Nailing Social Media: The Key to Generating Leads for Construction Companies

    Homeowner’s Claims Defeated Because “Gravamen” of Complaint was Fraud, not Breach of Contract

    Real Estate & Construction News Roundup (7/2/24) – Increase in Commercial Property Vacancy Rates, Trouble for the Real Estate Market and Real Estate as a Long-Term Investment

    The Most Expensive Travel Construction Flops

    Megaproject Savings Opportunities

    Resulting Loss Provision Does Not Salvage Coverage

    The Importance of the Recent Amendment to Rule 702 of the Federal Rules of Evidence

    GRSM Attorneys Selected to 2025 Super Lawyers and Rising Stars Lists

    "On Second Thought"

    S&P Near $1 Billion Mortgage Ratings Settlement With U.S.

    Georgia Federal Court Holds That Pollution Exclusion Bars Coverage Under Liability Policy for Claims Arising From Discharge of PFAS Into Waterways

    Almost Nothing Is Impossible

    Federal Court Upholds Privity Requirement in Additional Insured Endorsement; Finds No Equitable Estoppel

    Draft Federal Legislation Reinforces Advice to Promptly Notify Insurers of COVID-19 Losses

    Mechanics Lien Release Bond – What Happens Now? What exactly is a Mechanics Lien and Why Might it Need to be Released?

    Professional Liability Insurance Considerations When Design Professionals are Involved

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

    Workers Compensation Immunity and the Intentional Tort Exception

    Application of Efficient Proximate Cause Doctrine Supports Coverage

    PSA: Virginia DOLI Amends COVID Workplace Standard

    New Hampshire Asbestos Abatement Firm Pleads Guilty in Federal Fraud Case

    The Five-Step Protocol to Reopening a Business

    Home Numbers Remain Small While Homes Get Bigger

    Delay Matters: Florida’s Fourth DCA Reverses Hurricane Irma Dismissal

    Lewis Brisbois Ranked Tier 1 Nationally for Insurance Law, Mass Tort/Class Actions Defense by U.S. News/Best Lawyers

    The Most Expensive Apartment Listings in New York That Are Not in Manhattan

    Panama Weighs Another Canal Expansion at Centennial Mark

    The Anatomy of a Construction Dispute- The Claim

    Preparing the Next Generation of Skilled Construction Workers: AGC Workforce Development Plan

    Contractors: A Lesson on Being Friendly
    Corporate Profile

    ANAHEIM CALIFORNIA CONSTRUCTION EXPERT WITNESS
    DIRECTORY AND CAPABILITIES

    Through over 4500 engineering, construction, and builders standard of care related expert designations, the Anaheim, California Construction Expert Directory provides a wide spectrum of trial support and consulting services to construction claims professionals seeking effective resolution of construction defect and claims matters. BHA provides construction related consulting and expert witness 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 in house personnel which comprise construction delay claims experts, registered design professionals, professional engineers, and credentailed construction consultants, the construction experts group brings specialized experience and local capabilities to Anaheim and the surrounding areas.

    Anaheim California consulting general contractorAnaheim California concrete expert witnessAnaheim California forensic architectAnaheim California defective construction expertAnaheim California construction safety expertAnaheim California building consultant expertAnaheim California OSHA expert witness construction
    Construction Expert Witness News & Info
    Anaheim, California

    $356 Million Judgement Against Developer for Defective Construction of DC Condominium

    August 16, 2026 —
    On July 31, 2026, the Superior Court of the District of Columbia entered a $356,085,513.00 judgment against developers JBG Smith for defective construction and renovation of the Wardman Tower Residential Condominium in Washington, D.C. The case is Wardman Tower Residential Condominium Unit Owners Association v. JBG Smith Properties, et al., No. 2020 CA 004807 B (D.C. Super. Ct.). In a 148-page Trial Order, the D.C. Superior Court awarded $118,695,171.00 in damages in favor of the condominium association and against the condominium developers, including JBG Smith. The Court trebled those damages pursuant to the District of Columbia Consumer Protection Procedures Act (“CPPA”) to reach an ultimate judgment of $356,085,513.00. See Cowie Law Group: DC Condominium Construction Defects: Recovering Attorney’s Fees, Litigation Expenses & Treble Damages Under the Consumer Protection Procedures Act. Cowie Law Group, P.C. filed the lawsuit on behalf of the Association in 2020. The firm represented the Association throughout years of pretrial discovery and ultimately served as trial counsel with Williams & Connolly LLP during a lengthy bench trial before the Honorable Yvonne Williams. The Cowie Law Group team included attorneys, George A. Bealefeld, III, Albert G. McCarraher, Stanford L. Kimmel, III and Nicholas D. Cowie. Read the full story...
    Reprinted courtesy of Nicholas D. Cowie, Cowie Law Group
    Mr. Cowie may be contacted at ndc@cowielawgroup.com

    NJ Public Works Contractors Beware – Pay Special Attention When Submitting Your Public Works Contractor Registration

    May 26, 2026 —
    While it is always important to be careful when making submissions to government agencies, recent activity by the New Jersey Department of Labor and Workforce Development (“NJDOL”) reveals considerably increased scrutiny in connection with contractors renewing their New Jersey Public Works Registration. Extra care when completing the registration renewal process is warranted, because the consequences of a misstep can be significant and disruptive. The New Jersey Public Works Contractor Registration Act requires all contractors bidding on or engaging in construction-related public works projects to register with the NJDOL. This registration, which must be resubmitted every 1-2 years, requires contractors to make a number of detailed disclosures relating to, among other things, the entity’s ownership structure, prior state and federal labor law violations, details regarding interests in other businesses, unlawful acts by owners/officers, and participation in apprenticeship programs. Reprinted courtesy of Levi W. Barrett, Peckar & Abramson, P.C. and Aaron C. Schlesinger, Peckar & Abramson, P.C. Mr. Barrett may be contacted at lbarrett@pecklaw.com Mr. Schlesinger may be contacted at aschlesinger@pecklaw.com Read the full story...

    GRSM Defeats Class Certification in Precedent-Setting HOA Management Case

    September 15, 2026 —
    Gordon Rees Scully Mansukhani Partners Fletcher Alford and Kevin Liu and Associate Jigar Desai secured a favorable outcome on behalf of an HOA management company in a precedent-setting class action before the U.S. District Court for the Eastern District of California, obtaining denial of the plaintiff’s motion for class certification and dismissal without prejudice of the three claims at issue. The plaintiff alleged that the defendant received earnings credit payments from a bank in exchange for maintaining HOA deposit accounts and failed to disclose the arrangement to its HOA clients. The plaintiff sought more than $40 million in damages, asserting five claims: (1) breach of contract for failing to act in class members’ best interests by not disclosing the alleged earnings credit arrangement; (2) violation of California’s Unfair Competition Law (UCL) based on alleged violations of California Civil Code §§ 5375, 5375.5, and 5380; (3) breach of fiduciary duty based on the alleged undisclosed arrangement; (4) violation of the UCL for unfair business practices arising from the alleged nondisclosure; and (5) unjust enrichment. The plaintiff sought class certification under Federal Rule of Civil Procedure 23(b)(2) and 23(b)(3) only as to its second, third, and fourth causes of action. Read the full story...
    Reprinted courtesy of Gordon Rees Scully Mansukhani

    Over 50 Lewis Brisbois Attorneys Recognized in 7th Edition of Best Lawyers: Ones to Watch in America

    September 01, 2026 —
    56 Lewis Brisbois attorneys across 26 offices have been named to the 7th edition of “Best Lawyers: Ones to Watch in America.” Congratulations to the following attorneys on this recognition! You can see the full list of Lewis Brisbois attorneys named to Best Lawyers' 33rd edition of The Best Lawyers in America here. Akron, OH
    • Partner Meleah M. Skillern - Commercial Litigation
    Atlanta, GA
    • Partner Catherine Crawley - Personal Injury Litigation – Defendants; and Transportation Law
    • Associate Davis Lackey - Insurance Law; and Personal Injury Litigation – Defendants
    Read the full story...
    Reprinted courtesy of Lewis Brisbois

    Connecticut Expands Construction Wage-Theft Liability and Prevailing Wage Recordkeeping Requirements

    June 29, 2026 —
    This post was co-authored by Labor + Employment group lawyer Christopher Costain, Hayden Eckblom (Summer Intern), and Pasqualina Fox-Mina (Summer Associate). Hayden and Pasqualina are not admitted to practice law. On May 11, 2026, Connecticut Governor Ned Lamont signed into law Public Act 26-12, a wide-ranging bill centered around employee rights. Our colleagues in Robinson+Cole’s Labor, Employment, Benefits + Immigration group recently published a legal update summarizing the key components of Public Act 26-12. Here, we focus on the Wage Theft and Prevailing Wage concepts in the bill that directly relate to the construction industry. Wage Theft With exceptions for public works and small residential projects, general contractors will be jointly and severally liable for any unpaid wages owed to an employee of a subcontractor of any tier on private construction projects, beginning with contracts entered into on or after January 1, 2027. As we know, there is a separate regime for public works projects involving payment bonds. Read the full story...
    Reprinted courtesy of Anand Gupta, Robinson & Cole LLP
    Mr. Gupta may be contacted at agupta@rc.com

    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.

    Insurer Cannot Raise Issues on Appeal that Were Not Presented to the Trial Court

    June 15, 2026 —
    The Florida Court of Appeals affirmed a judgment on a collapse claim for the insured, rejecting the insurer’s arguments that were not presented to the trial court. Homeowner’s Choice Prop. & Cas. Ins, Co. v. Oakes, 2026 Fl. App. LEXIS 2086 (Fl. Ct. App. March 18, 2026). The insured’s ceiling collapsed in the secondary home on the insured’s property. The claim was reported to the insurer, but coverage was denied after its investigation. The insured sued the insurer for breach of contract. Under the Additional Coverage provisions of the policy, collapse was covered if it was “abrupt.” An abrupt collapse was not covered, however, if exclusions for “Fungi, Wet or Dry Rot” and “faulty, inadequate or defective design, specifications, workmanship, repair, construction, renovation, remodeling, materials or maintenance” applied. The collapse provisions contained no language stating that the coverage granted in the provision was also subject to all the other exclusions in the policy. Read the full story...
    Reprinted courtesy of Tred R. Eyerly, Damon Key Leong Kupchak Hastert
    Mr. Eyerly may be contacted at te@hawaiilawyer.com

    Ball Janik LLP Welcomes Construction Defect Attorney and U.S. Air Force Veteran Jake Scott to its Fort Lauderdale Office

    June 02, 2026 —
    Ball Janik LLP, a leading construction defect and insurance recovery law firm, has welcomed Jake Scott as an associate in its Fort Lauderdale office. Scott joins the Construction Defect Practice Group, bringing experience across construction litigation that includes construction defect, contract dispute, and negligence matters, along with a track record of representing construction professionals through depositions, court appearances, and trial preparation to support the firm's steady growth and client service statewide. "We're excited to welcome Jake Scott to our Fort Lauderdale office and Construction Defect Practice Group," said James C. Prichard, Managing Partner at Ball Janik LLP. "We look forward to the fresh perspectives and legal solutions he will provide for community associations across South Florida." Scott is a results-driven attorney dedicated to providing strategic counsel for complex legal challenges. He has experience managing all phases of a case, from early investigation and discovery through trial preparation and settlement negotiations. Prior to joining Ball Janik, Scott served as an associate attorney in Fort Lauderdale, where he represented clients in construction litigation matters, handled depositions and court appearances, conducted legal research, and drafted pleadings, motions, and briefs. He also worked as an attorney in Tampa, where he represented contractors, subcontractors, and construction firms in defending claims involving construction defects, contractual disputes, and negligence, and worked closely with expert witnesses, engineers, and consultants to develop and present technical evidence. Scott's experience representing the development and building sides of construction disputes provides a valuable, contrast-driven perspective that supports the strategic evaluation of claims and practical approaches to resolution for Ball Janik's clients. A proud veteran, Scott served in the United States Air Force for eight years, including roles as an Airspace Control Officer and in Space Systems Operations, supporting safe space flight operations and satellite communications. Carrying the discipline of airborne operations, Scott worked in the aerospace sector as a Satellite Engineer and Orbital Analyst. He also held a role in the housing sector, supporting marketing and business development initiatives. Scott received his law degree from Stetson University College of Law. He attended American Military University, where he earned degrees in marketing, business management, and related support services. About Ball Janik LLP Ball Janik LLP is a Florida-based law firm offering construction defect, construction law, insurance recovery, and commercial litigation counsel to its local and national clients. The firm was founded in 1982 and has expanded its capabilities, professionals, and geographic footprint. What started as a small firm focused on real property, land use, and litigation (known then as Ball Janik & Novack) has grown to a team of 50-plus attorneys and paralegals in 5 offices in Florida, with centuries of combined experience and capabilities. The firm has been recognized by Chambers USA, U.S. News & World Report and Best Lawyers®, The Best Lawyers in America©, and Corporate International. Read more here: https://www.balljanik.com.