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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.


    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

    NY Construction Safety Firm Falsely Certified Workers, Says Manhattan DA

    How Contractors Can Prevent Fraud in Their Workforce

    Toolbox Talk Series Recap – Best Practices for Productive Rule 26(f) Conferences on Discovery Plans

    Assignment of Insured's Policy Ineffective

    Are We Headed for a Work Shortage?

    Luxury Villa Fraudsters Jailed for Madeira Potato Field Scam

    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

    Housing Starts in U.S. Drop to Lowest Level in Three Months

    Florida Death Toll Rises by Three, Reaching 27 as Search Resumes

    Former Sponsor of the Lenox Facing Suit in Supreme Court

    Surety Bond Now a Valid Performance Guarantee for NC Developers (guest post)

    Unlocking the Hidden Power of Zoning, for Good or Bad

    Collapse of Improperly Built Deck Not An Occurrence

    Will Claims By Contractors on Big Design-Build Projects Ever End?

    USDOT’s DBE Interim Final Rule: How It Affects Current and Out-to-Bid DOT and Airport Projects

    The Modern Nuclear Renaissance Reaches New England

    Liability Cap Does Not Exclude Defense Costs for Loss Related to Deep Water Horizon

    Residential Mortgage Lenders and Servicers Beware of Changes to Rule 3002.1

    Construction Litigation Roundup: “Hold the Pickles, Hold the Lettuce?”

    Nevada Budget Remains at Impasse over Construction Defect Law

    Consumer Product Safety Commission Recalls

    U.S. District Court of Colorado Interprets Insurance Policy’s Faulty Workmanship Exclusion and Exception for Ensuing Damage

    Reaffirming the Importance of Appeal Deadlines Under the Contract Disputes Act

    Seventh Circuit Finds Allegations of Occurrence and Property Damage Require a Defense

    ACEC Statement on Negotiated Bipartisan Debt Limit Compromise

    Examining Best Practices for Fire Protection of Critical Systems in Buildings

    South Carolina Legislature Redefining Occurrences to Include Construction Defects in CGL Policies

    Montana Supreme Court: Insurer Not Bound by Insured's Settlement

    Second Circuit Court Differentiates the Standard for Determining Evident Partiality for a Neutral Arbitrator and a Party-Appointed Arbitrator

    Is Your Home Improvement Contract Putting You At Risk?

    ISO Proposes New Designated Premises Endorsement in Response to Hawaii Decision

    Definitions Matter in Illinois: Tenant Held Liable Only for Damage to Apartment Unit

    No Occurrence Where Contract Provides for Delays

    Subcontractor’s Claim against City Barred by City’s Compliance with Georgia Payment Bond Statute

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    General Contractors: Consider Importance of "Primary Noncontributory" Language

    White and Williams LLP Secures Affirmation of Denial to Change Trial Settings Based on Plaintiffs’ Failure to Meet the Texas Causation Standard for Asbestos Cases

    The U.S. Flooded One of Houston’s Richest Neighborhoods to Save Everyone Else

    Not All Design-Build Projects are Created Equal

    Insured's Claim for Cyber Coverage Rejected

    Changing Course Midstream Did Not Work in River Dredging Project

    Proposed Legislation for Losses from COVID-19 and Limitations on the Retroactive Impairment of Contracts

    WSHB Expands to Philadelphia

    Insured's Failure to Challenge Trial Court's Application of Exclusion Makes Appeal Futile

    Most Common OSHA Violations Highlight Ongoing Risks

    Woodbridge II and the Nuanced Meaning of “Adverse Use” in Hostile Property Rights Cases in Colorado

    How Berlin’s Futuristic Airport Became a $6 Billion Embarrassment

    Congratulations to BWB&O’s Orange County Team for Securing a Strong MSJ Result in a Residential Gas Explosion Matter!

    Flood Coverage Denied Based on Failure to Submit Proof of Loss
    Corporate Profile

    ANAHEIM CALIFORNIA CONSTRUCTION EXPERT WITNESS
    DIRECTORY AND CAPABILITIES

    Through over four thousand construction defect and claims related expert designations, the Anaheim, California Construction Expert Directory provides a wide spectrum of trial support and consulting services to legal professionals and construction practice groups concerned with construction defect and claims matters. BHA provides construction claims investigation and expert services to the industry's leading construction attorneys, Fortune 500 builders, insurers, owners, as well as a variety of public entities. Utilizing in house assets which comprise licensed architects, registered professional engineers, ASPE certified professional estimators, ICC Certified inspection and testing professionals, the firm brings regional experience and flexible capabilities to the Anaheim construction industry.

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    Construction Expert Witness News & Info
    Anaheim, California

    GRSM Team Obtains Defense Verdict for Homeowners’ Association in Orange County Superior Court

    July 20, 2026 —
    A Gordon Rees Scully Mansukhani multi-state team, including Partners Christine Barker, Sean Ferron, and Keith Cramer, obtained a defense verdict on behalf of a homeowners’ association (HOA) in an Orange County Superior Court bench trial spanning two months. The case began in 2022 when a homeowner sued after the Architectural Review Committee and HOA Board of Directors declined his teardown-and-rebuild plans due to view and aesthetic concerns. After a motion for summary judgment ruling in which the court found that the existing covenants, conditions, and restrictions (CC&Rs) did not protect views, the HOA held a special election to add explicit view protections to the CC&Rs. At the February 2025 trial call, the plaintiff sought leave to file a third amended complaint challenging the validity of that vote, drastically reframing the case from CC&R enforcement to one of election validity. A second plaintiff then filed a parallel action toward the end of the limitations period, and the two cases were consolidated. Read the full story...
    Reprinted courtesy of Gordon Rees Scully Mansukhani

    Humanoid Robots in Construction: The Reality Right Now

    October 12, 2026 —
    Humanoid robots are getting a lot of media attention. Videos of robots doing backflips and kung fu moves suggest that a general-purpose machine worker is just around the corner. A recent visit by the Finnish technology magazine Tekniikka&Talous to crane manufacturer Konecranes offers a more sober picture. I think it is a useful reality check for anyone in the AEC industry wondering what humanoids can actually do today. What a Humanoid Can Do in a Controlled Environment Konecranes bought a Unitree G1 EDU humanoid in autumn 2025, likely as the first Finnish industrial company to do so. With separately purchased five-finger hands and other extras, the price came close to €100,000. Read the full story...
    Reprinted courtesy of Aarni Heiskanen, AEC Business
    Mr. Heiskanen may be contacted at aec-business@aepartners.fi

    Southwest Super Lawyers Recognizes 50 Snell & Wilmer Attorneys in 2026 Rankings

    June 15, 2026 —
    PHOENIX (April 22, 2026) – Snell & Wilmer is pleased to announce that 50 attorneys in the Phoenix and Tucson offices have been selected for inclusion in the 2026 Southwest Super Lawyers publication. Of those 50, four were recognized for the first time and 24 were recognized as Southwest Rising Stars. Super Lawyers is a listing of lawyers from more than 70 practice areas who have attained a high degree of peer recognition and professional achievement. The selection process is multi-phased and includes independent research, peer nominations, and peer evaluations. Super Lawyers was first published in 1991 by Law & Politics and was acquired by Thomson Reuters, Legal in February 2010. Thomson Reuters is a leading source of information for businesses and professionals. The below Snell & Wilmer attorneys have been selected for inclusion in the 2026 Southwest Super Lawyers rankings. Read the full story...
    Reprinted courtesy of Snell & Wilmer

    Anti-Concurrent Causation Clause Prevents Coverage for Collapse

    April 27, 2026 —
    The appellate court affirmed the decision of the trial court granting summary judgment to the insurer after agreeing that the policy’s anti-concurrent causation clause barred coverage. Lido Hospitality, Inc. v. AIX Specialty Ins. Co., 2026 Iii. App. Unpub. LEXIS 133 (Ill. Ct. App. Jan. 27, 2026). One of the brick veneer walls of the Lido Motel collapsed during a windstorm. Lido reported the loss it its insurer, AIX. AIX investigated and determined that the brick veneer collapsed due to pervasive wear and tear and corrosion of the underlying infrastructure that secured the veneer- specifically the components that anchored or tied the masonry veneer to the underlying wooden substrate. Read the full story...
    Reprinted courtesy of Tred R. Eyerly, Damon Key Leong Kupchak Hastert
    Mr. Eyerly may be contacted at te@hawaiilawyer.com

    Insurer Granted Summary Judgment on Claim for Roof Damage Caused by Windstorm

    May 26, 2026 —
    The insurer successfully moved for summary judgment, eliminating the insured’s claim for roof damage due to windstorm. Mulas v. Westchester Surplus Lines Ins. Co., 2026 U.S. Dist. LEXIS 20537 (Jan. 30, 2026). The insureds’ commercial property sustained windstorm damage during Hurricane Ian. Westchester denied the claim. The insureds believed Westchester wrongfully denied coverage for roof damage and various interior damage to property. The insureds also argued that Westchester’s actual cash value (ACV) payment did not reflect the fully insured loss. The insureds sued and Westchester moved for summary judgment. Westchester argued the roof damage was not covered because Hurricane Ian did not cause the damage. Westchester hired an engineer who determined the roof damage was not caused by wind from Hurricane Ian. Westchester pointed out that the insureds’ expert also found no wind damage on the roof. The insureds offered no other evidence suggesting the hurricane caused roof damage. Therefore, the insureds could not show that Westchester breached the policy by denying coverage. Read the full story...
    Reprinted courtesy of Tred R. Eyerly, Damon Key Leong Kupchak Hastert
    Mr. Eyerly may be contacted at te@hawaiilawyer.com

    Inaccurate Representations Can Lead to Differing Site Conditions Claim

    May 26, 2026 —
    In the prior posting, I discussed a case dealing with a differing site condition. In that case, the owner did not have an affirmative duty to make a representation and there was no inaccurate representation made by the owner that misled the contractor. Well, what about when there is an inaccurate misrepresentation regarding the site? This was the circumstance in an older Florida case where a dredging contractor had a successful differing site conditions claim. See Jacksonville Port Authority v. Parkhill-Goodloe, Co., Inc., 362 So.2d 1009 (Fla. 1st DCA 1978). The government provided inaccurate information as to the lack of rock that would be encountered during the dredging that was relied on by the dredging contractor. But the government had “superior knowledge” that there was rock in an adjacent location based on a prior claim from a contractor, yet the government did not disclose the possibility that rock could be encountered. Read the full story...
    Reprinted courtesy of David Adelstein, Kirwin Norris
    Mr. Adelstein may be contacted at dma@kirwinnorris.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

    Executive Insights 2026: Leaders in Construction Law

    October 06, 2026 —
    What advice would you give contractors regarding documentation and recordkeeping to better protect themselves during disputes? Jim Archibald Partner Bradley Arant Boult Cummings LLP Disputes over payment, scope and delays are among the biggest risks contractors face. Thorough documentation doesn’t just help win these disputes; it may prevent them from happening at all. Start with the contract: Every project should begin with a written agreement that clearly defines scope, schedule, payment terms and change-order procedures. Verbal understandings are difficult to enforce. Track changes in real time: Change orders, change directives, RFIs and scope clarifications should always be documented in writing. Reprinted courtesy of Construction Executive, a publication of Associated Builders and Contractors. All rights reserved. Read the full story...