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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:


    Construction Expert Witness Contractors Licensing
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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

    Construction Law Client Advisory: What The Recent Beacon Decision Means For Developers And General Contractors

    The Moving Finish Line: Statutes of Limitation and Repose Are Not Always What They Seem

    New York Court of Appeals Finds a Proximate Cause Standard in Additional Insured Endorsements

    Allen, TX Board of Trustees Expected to Approve Stadium Repair Plans

    2026 Southern California Super Lawyers Recognizes 14 Snell & Wilmer Attorneys

    4 Breakthrough Panama Canal Engineering Innovations

    Congratulations 2024 DE, MA, MD, NJ, NY, and PA Super Lawyers and Rising Stars

    Putting for a Cure: Don’t Forget to Visit BHA’s Booth at WCC to Support Charity

    Res Judicata Not Apply to Bar Overlapping Damages in Separate Suits Against Contractor and Subcontractor

    Congratulations to Wilke Fleury’s 2025 Super Lawyers and Rising Stars!

    Cultivating a Company Culture Committed to Safety, Mentorship and Education

    Bona Fide Dispute Defeats Violation of Prompt Payment Act

    JD Supra’s 2017 Reader’s Choice Awards

    Dreyer v. Am. Natl. Prop. & Cas. Co. Or: Do Not Enter into Nunn-Agreements for Injuries that Occurred After Expiration of the Subject Insurance Policy

    Floating Crane on Job in NYC's East River Has a Storied Past of Cold War Intrigue

    Court Adopts Magistrate's Recommendation to Deny Insurer's Summary Judgment Motion in Collapse Case

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    NJ Condo Construction Defect Case Dismissed over Statute of Limitations

    One More Statutory Tweak of Interest to VA Construction Pros

    Lewis Brisbois Listed on Leopard Solutions Top 10 Law Firm Index

    Lenders Facing Soaring Costs Shutting Out U.S. Homebuyers

    Approaches to Managing Job Site Inventory

    Arizona Court Determines Statute of Limitations Applicable to a Claim for Reformation of a Deed of Trust (and a Related Claim for Declaratory Judgment)

    Details of Sealed Whistleblower Charges Over Cuomo Bridge Bolts Burst Into Public View

    Construction Contractors Must Understand Retainage In 2021

    "Damage to Your Product" Exclusion Bars Coverage

    Mortgage Bonds Stare Down End of Fed Easing as Gains Persist

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    General Partner Is Not Additional Insured For Construction Defect Claim

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

    Wisconsin Court Applies the Economic Loss Doctrine to Bar Negligence Claims for Purely Economic Losses

    California Court of Appeal Clarifies Right of a Party to Oppose Summary Judgment Motions - Even Without Cross-Claims

    Two Worthy Insurance Topics: (1) Bad Faith, And (2) Settling Without Insurer’s Consent

    Private Statutory Cause of Action Under Florida’s Underground Facility Damage Prevention and Safety Act

    Payne & Fears Recognized by Best Lawyers in 2026 Best Law Firms®

    Decades of WCC Seminar at the Disneyland Resort

    Allegations of Actual Property Damage Necessary to Invoke Duty to Defend

    Judge Who Oversees Mass. Asbestos Docket Takes New Role As Chief Justice of Superior Court

    2011 Worst Year Ever for Home Sales

    Arizona Court of Appeals Decision in $8.475 Million Construction Defect Class Action Suit

    Turner, Subcontractor Reach $23.5M Settlement in Worker Death on Chicago Project

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    Corporate Profile

    ANAHEIM CALIFORNIA CONSTRUCTION EXPERT WITNESS
    DIRECTORY AND CAPABILITIES

    Leveraging from approximately five thousand construction defect and claims related expert witness designations, the Anaheim, California Construction Expert Directory offers a wide range of trial support and construction consulting services to attorneys and construction practice groups concerned with construction defect and claims matters. BHA provides construction related litigation support and expert consulting services to the construction industry's most recognized companies, legal professionals, Fortune 500 builders, CGL carriers, owners, as well as a variety of state and local government agencies. In connection with in house assets comprising construction cost, scheduling, and delay experts, professional engineers, ASPE certified professional estimators, and construction safety professionals, the construction experts group brings national experience and local capabilities to Anaheim and the surrounding areas.

    Anaheim California slope failure expert witnessAnaheim California structural engineering expert witnessesAnaheim California architectural engineering expert witnessAnaheim California soil failure expert witnessAnaheim California architecture expert witnessAnaheim California multi family design expert witnessAnaheim California architect expert witness
    Construction Expert Witness News & Info
    Anaheim, California

    Insurance Coverage and Bad Faith Practice Earns Prestigious Band One Ranking in the Chambers USA 2026 Guide

    June 22, 2026 —
    White and Williams LLP's Insurance Coverage and Bad Faith Practice Group is pleased to share that it has received a Band One ranking in the Chambers USA 2026 Guide for Insurance, Pennsylvania. Additionally, Patricia B. Santelle, Chair Emeritus, Randy Maniloff, Partner, and Robert Walsh, Partner have all been individually ranked on the Chambers USA 2026 Guide in Insurance in Pennsylvania. The Insurance Coverage and Bad Faith Practice's consistent focus on their clients and handling of complex claims were just two of the attributes contributing to their elite Band One ranking, after 11 years on the Chambers USA list. When asked about their experience working with White and Williams’ Pennsylvania Insurance Practice, one client stated, “What distinguishes White and Williams is the high level of service and accountability. The team is responsive, organized and reliable, which allows our internal teams to move quickly and make informed decisions with confidence.” Read the full story...
    Reprinted courtesy of White and Williams LLP

    Nomos LLP Partner Garret Murai Recognized by Super Lawyers

    July 13, 2026 —
    Nomos LLP Partner Garret Murai has been recognized as a 2026 Northern California Super Lawyer honoree in the area of Construction Litigation. This is the thirteenth consecutive year he has been recognized by Super Lawyers. Super Lawyers, an annual listing of outstanding lawyers from more than 70 practice areas who have attained a high degree of peer recognition and personal achievement, is limited to no more than five percent (5%) of lawyers in a state who are selected through a multiphase process that includes a statewide survey of lawyers, independent research evaluation and peer reviews by practice area. Read the full story...
    Reprinted courtesy of Garret D. Murai, Nomos LLP
    Mr. Murai may be contacted at gmurai@nomosllp.com

    Arizona Court Enters $323 Million Judgment Against ZOM Living Following Unanimous Jury Verdict

    May 26, 2026 —
    PHOENIX, May 19, 2026 /PRNewswire/ -- A Maricopa County court has entered a $323 million compensatory damages judgment in favor of Gray Development Group against ZOM Holding Inc., doing business as ZOM Living, following a 12-day trial, a unanimous jury verdict and post-trial proceedings related to a proposed business transaction. The jury found ZOM liable on claims of breach of contract and breach of the implied covenant of good faith and fair dealing stemming from a proposed joint venture tied to a planned pipeline of luxury multifamily and commercial projects in Phoenix and Scottsdale. The lawsuit centered on a 13-project, $1.4 billion development pipeline originated and planned by Gray Development Group over more than a decade. In 2019, Gray invited Florida-based ZOM to participate in a joint venture involving the completion of five projects, which would have marked ZOM's entry into the Arizona market. According to court findings presented at trial, the companies entered into a mutual confidentiality and non-circumvention agreement before Gray shared extensive sensitive and proprietary information related to the projects, including planning, market analysis, costs, financial data, local business relationships and operational strategies developed by Gray over decades in Arizona. Evidence presented during trial showed that over a 10-month period while under contract, ZOM made hundreds of requests for confidential project and market information before circumventing Gray and pursuing the projects independently, ultimately displacing Gray from projects it spent years planning and developing. ZOM Living, headquartered in Orlando, develops multifamily and senior housing communities across the United States and operates regional offices in Boston, Dallas, Fort Lauderdale, Nashville, Phoenix, and Raleigh. ZOM is owned by Timeless Investments, the Amsterdam-based family office of Dutch businessman Hans van Veggel, which acquired the company in 1997. About Gray Development Group Gray Development Group was founded by architect Bruce Gray in 1991. The Phoenix-based company was the top-ranked multifamily developer in Arizona for more than a decade. The company designed and developed more than 15,000 apartment and condominium units throughout metropolitan Phoenix. Two Gray-designed developments — a Tempe midrise and a San Diego high-rise — received National Apartment Community of the Year awards.

    Jenny Michel Named Top Lawyer by Acadiana Profile Magazine

    June 29, 2026 —
    Lafayette Managing Partner Jenny Michel has been named to Acadiana Profile magazine’s 2026 Top Lawyers list for Insurance Law. The annual list honors excellence across several practice areas. To select attorneys for its Top Lawyers list, Acadiana Profile works with a research firm that conducts a peer-review survey of attorneys in the Acadiana, Louisiana region. The attorneys nominate fellow professionals who they consider the best in their field of practice. Ms. Michel is co-chair of the London Market Group, the Pollution Legal Liability/Environmental Impairment Liability (PLL/EIL) practice, and the Energy, Marine & Power practice. She has worked with London insurers her entire career. Licensed in both Louisiana and Texas, she leads a team of experienced attorneys focused on marine, both traditional and alternate energy, onshore and offshore property, trucking and environmental insurance coverage and bad faith claims, excess monitoring, advice and litigation, both at the trial and appellate levels. Read the full story...
    Reprinted courtesy of Lewis Brisbois

    Trial-Tested Property Litigator Kimberlee Martin Joins Ball Janik LLP's Orlando Construction Defect Team

    October 06, 2026 —
    ORLANDO, FL, September 30, 2026 — Ball Janik LLP has added Kimberlee A. Martin to its Construction Defect Practice Group as an associate in the firm's Orlando office. For more than a decade, she has litigated matters in the fields of criminal defense, first-party property, and insurance disputes, taking cases and claims from inception through jury trial. It's the same path many of Ball Janik's clients face when construction goes wrong, and her arrival deepens the firm's trial bench in Central Florida. "Florida property owners are dealing with complex building problems and less time to act on them. That puts a premium on attorneys who can take a case the distance," said James C. Prichard, Managing Partner of Ball Janik LLP. "Kimberlee has carried property and insurance claims from pre-suit all the way through trial, working hand in hand with experts along the way. Community associations and commercial property owners need exactly that combination, and she brings it to our team on day one." Most recently, Kimberlee served as Litigation Director, where she oversaw homeowners' property claims in pre-suit and litigation, managed a substantial caseload, and guided associate attorneys on litigation strategy. Her civil work includes jury trials, summary judgment and dismissal motions, expert and witness depositions, mediations, and site inspections, along with close coordination with contractors, consultants, and other experts. That skill set maps directly onto construction defect and insurance recovery litigation, where cases often turn on site evidence, expert testimony, and a credible readiness to go to trial. "I've seen firsthand how much is at stake when a building has problems: owners' investments, residents' homes, and everyone's peace of mind," said Kimberlee. "Ball Janik is focused on exactly those clients, which made this a natural next step for my practice. I'm excited to join this team and help property owners hold the responsible parties accountable and get their buildings repaired." Kimberlee earned her J.D., cum laude, from Florida International University College of Law and her B.A. in political science, with a minor in legal studies, from the University of Central Florida. 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 70-plus attorneys and paralegals in five offices in Florida, with centuries of combined experience and capabilities. The firm has been recognized by Chambers USA, including for its construction law capabilities in Florida, U.S. News & World Report and Best Lawyers®, The Best Lawyers in America©, Super Lawyers, and Corporate International. Read more at www.balljanik.com.

    Sometimes a General Damages Assessment is Enough. . .

    July 06, 2026 —
    It has been a while since I last posted here at Construction Law Musings. Life, law practice, and “blogger’s block” have taken their toll on the posting schedule. Hopefully this will be one of several upcoming posts now that the litigation schedule has lightened a bit over the summer. Today’s post is about damages. Specifically damage to a homeowner’s roof and her legal damages therefor. That last is of course a sentence that only a construction attorney (or other litigator) could possibly craft and have it make sense. Now, on with the case. . .In Hardesty Construction, Inc. v. Weedon, the facts are as follows: Ms. Weedon had hail damage to the roof of her home. She hired Hardesty Construction to repair and replace the roof. After the first roof was installed and failed inspection, a second roof was installed. The issue was that the first roof had a warranty and the second roof, installed similarly to the first (and allegedly with the same construction issues according to Ms. Weedon’s expert), was not provided with the promised warranty. As one may expect, Weedon sued Hardesty and Hardesty Construction for fraudulent inducement and breach of contract. At trial, Weedon testified, without objection, that her home was worth $40,000 less because of Hardesty Construction’s work, which was based partially on quotes Weedon received to fix the roof. The Circuit Court granted Hardesty Construction’s motion to strike Weedon’s fraudulent inducement claim, but not her other claims. A jury awarded Weedon $30,253.30 on her breach of contract claim. Hardesty Construction appealed, arguing the Circuit Court erred in (a) allowing the jury to consider Weedon’s valuation testimony because it was not based on her personal knowledge and (b) denying its motion to strike based on insufficient evidence as to damages. Weedon assigned cross-error in the Circuit Court’s decision to grant the motion to strike her fraudulent inducement claim against Samual Hardesty. Read the full story...
    Reprinted courtesy of The Law Office of Christopher G. Hill
    Mr. Hill may be contacted at chrisghill@constructionlawva.com

    ACEC Research Institute Report: Real Risk of AI Isn’t Technology. It’s the Org Chart.

    September 01, 2026 —
    WASHINGTON (August 19, 2026) – The ACEC Research Institute today released Leading Through AI Risk: The Enterprise Framework for Engineering Firm Leaders, a new study finding that the most significant risks artificial intelligence poses to engineering firms are organizational rather than technological, and that firms treating AI as an IT initiative are managing the wrong issue. The report, part of the Institute’s yearslong Firm of the Future initiative, combines an extensive literature review with in-depth interviews of 21 leaders drawn from engineering firms, public infrastructure owners, technology vendors, insurance and legal professionals, licensing and regulatory agencies, and AI consultants. The report groups AI risk into eight interconnected domains:
    • technical reliability and model risk
    • professional liability and standard of care risk
    • data governance, privacy, and intellectual property risk
    • organizational and workforce risk
    • ethical, regulatory, and reputational risk
    • operational and cybersecurity risk
    • financial and business model risk
    • strategic leadership and enterprise governance risk
    The last serves as the integrating domain through which firms coordinate responsible AI adoption enterprise wide. The report stresses that firms do not experience these risks one at a time. Weak oversight may create legal liability. Workforce gaps may affect quality assurance. “Understanding these interactions,” the study notes, “is often more important than understanding individual risks independently.” About the ACEC Research Institute The ACEC Research Institute is the independent research arm of the American Council of Engineering Companies (ACEC). Its mission is to fund and deliver research to equip the engineering industry with actionable intelligence on the issues critical to its success. Learn more at www.acecresearchinstitute.org.

    Owner Taking Assignment of General Contractor’s Claims Against a Subcontractor(s)

    September 21, 2026 —
    Here’s a scenario that occurs in construction defect cases. An owner sues a general contractor and subs for construction defects. The owner settles with a number of parties and takes an assignment of the general contractor’s claims against some or all of the subs and pursues the remaining parties for indemnity based on the assignment of the general contractor’s claims. This was the scenario in Craftsman Plastering and Lath, Inc. v. Rath Mor, LLC, 2026 WL 2328032 (Fla. 4th DCA 2026). The owner settled with the general contractor and all subs except one. The owner took an assignment of the general contractor’s claim against the sub, and really the indemnity claim. The owner was then substituted as the real party in interest as it relates to the general contractor’s claims against the sub. The owner sought roughly $780,000 in attorney’s fees and costs in connection with the dispute claiming the sub was liable for such fees. The jury didn’t buy the argument and awarded the owner about $55,000. Basically, the jury seemingly prorated the fees by the number of parties, at least, that’s how the math worked out. The owner didn’t like that and moved for an additur to increase the jury’s verdict which the trial court granted. This was reversed on appeal despite the fact that a trial court has broad discretion to grant a motion for additur. Read the full story...
    Reprinted courtesy of David Adelstein, Kirwin Norris
    Mr. Adelstein may be contacted at dma@kirwinnorris.com