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

    Wildfire Risks Elevated for US Plains Due to Drought Conditions

    Builder’s Risk Coverage—Construction Defects

    Sun, Sand and Stir-Fry? Miami Woos Chinese for Property: Cities

    As Evidence Grows, Regions Prepare for Sea Level Rise

    Prevailing Wages Don’t Stop at the Jobsite, Says Washington Court

    Leaders in Dispute Resolution Need to Make Unbiased Decisions for Mediation to Succeed

    OSHA Issues Final Rule on Electronic Submission of Injury and Illness Data

    Jury Could Have Found That Scissor Lift Manufacturer Should Have Included “Better” Safety Features

    GRSM Named #1 Fastest-Growing Am Law Firm

    Building Inspector Jailed for Taking Bribes

    COVID-19 Pandemic Preference Amendments to Bankruptcy Code Benefiting Vendors, Customers, Commercial Landlords and Tenants

    Trial Date Discussed for Las Vegas HOA Takeover Case

    Drowning of Two Boys Constitutes One Occurrence

    LA Lakers Partially Survive Motion to Dismiss COVID-19 Claims

    Emerging Issues in Construction CGL Insurance Part 2: The Separation of Insureds and Additional Insured Interests

    Repair of Part May Necessitate Replacement of Whole

    Homebuilder Predictions for Tallahassee

    Boston Catwalk Collapse Injures Three Workers

    Agrihoods: The Best of Both Worlds

    California Judicial Council Votes to Rescind Prohibitions on Eviction and Foreclosure Proceedings

    Update: Amazon Can (Still) Be Liable in Louisiana

    Review the Terms and Conditions of Purchase Orders- They Could be Important!

    With VA Mechanic’s Liens Sometimes “Substantial Compliance” is Enough (but don’t count on it) [UPDATE]

    Updated Covid-19 Standards In The Workplace

    Virginia Families Hope to Sue over Chinese Drywall

    Court Denies Insurers' Motions for Summary Judgment Under All Risk Policies

    ASCE Statement on House Passage of Infrastructure Investment and Jobs Act

    New Mexico Architect Is Tuned Into His State

    Federal Government May Go to Different Green Building Standard

    Defense Owed to Directors and Officers Despite Insured vs. Insured Exclusion

    Remote Trials Can Control Prejudgment Risk

    Delaware Supreme Court Won’t Halt Building

    Water Damage Sub-Limit Includes Tear-Out Costs

    Bridge Disaster - Italy’s Moment of Truth

    Waiver of Subrogation and Lack of Contractual Privity Bars Commercial Tenants’ Claims

    2013 May Be Bay Area’s Best Year for Commercial Building

    373 Snell & Wilmer Attorneys Recognized in the 2027 Edition of The Best Lawyers in America®

    Florida Appellate Courts Holds Underwriting Manuals are Discoverable in Breach of Contract Case

    ConsensusDOCS Updates its Forms

    Another Worker Dies in Boston's Latest Construction Accident

    Client Alert: Naming of Known and Unknown Defendants in Initial Complaints: A Cautionary Tale

    Daiwa House to Invest 150 Billion Yen in U.S. Rental Housing

    How Retro-Commissioning Can Extend the Life of a Building—and the Planet

    DC District Court Follows Ninth Circuit’s Lead Dismissing NABA’s Border Wall Case

    Failure to Timely File Suit in Federal Court for Flood Loss is Fatal

    Insurer’s Motion to Dismiss Bad Faith Claim Denied

    PulteGroup Fires Exec Accused of Defamation By Founder’s Heir

    U.S. Steel Invoking Carnegie’s Legacy in Revival Strategy

    The G2G Year in Review: 2020

    Court Holds That Public Entity Can Unilaterally Replace Subcontractor Under California’s Subletting and Subcontracting Fair Practices Act
    Corporate Profile

    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 single point of reference for construction defect and claims related support to legal professionals and construction practice groups seeking effective resolution of construction defect and claims matters. BHA provides building claims investigation, testimony, and support 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 personnel which comprise building envelope experts, forensic architects, professional engineers, credentialed construction standard of care consultants, the firm brings regional experience and local capabilities to Anaheim and the surrounding areas.

    Anaheim California engineering expert witnessAnaheim California roofing construction expertAnaheim California hospital construction expert witnessAnaheim California reconstruction expert witnessAnaheim California multi family design expert witnessAnaheim California construction safety expertAnaheim California consulting architect expert witness
    Construction Expert Witness News & Info
    Anaheim, California

    Doctrine of Substantial Performance When It Comes to Payment

    July 27, 2026 —
    A recent non-construction case touches upon the doctrine of substantial performance when it comes to payment. In this case, a club was to make two payments to secure a rapper’s attendance. The first payment was made. The second payment was made but was a few hundred dollars short of the agreed amount. The rapper did not show up. The club claimed it substantially performed its obligations. At first glance, the argument makes sense because the second payment fell only a few hundred dollars short. But that wasn’t the case when it comes to pre-commencement payment obligations:
    Substantial performance applies only when the variance from the contract terms “is inadvertent or unintentional and unimportant so that the work actually performed is substantially what was called for in the contract.” However, when one party agrees to pay the other on or before a specific date, time is of the essence, and the payor is required to pay the payee on or before that date. “There is almost always no such thing as ‘substantial performance’ of payment between commercial parties when the duty is simply the general one to pay. Payment is either made in the amount and on the date due, or it is not.”
    Big Gate Records, LLC v. Washington, 51 Fla.L.Weekly D1281a (Fla. 2nd DCA 2026) (internal citations omitted).
    Read the full story...
    Reprinted courtesy of David Adelstein, Kirwin Norris
    Mr. Adelstein may be contacted at dma@kirwinnorris.com

    Real Estate & Construction News Roundup (8/19/26) – Single-Family Housing Investors Worry, Confidence in Multifamily REITs and Construction Backlog Falls

    September 08, 2026 —
    In our latest roundup, U.S. Chamber of Commerce creates Housing Advisory Council, a legal battle develops over new federal rules related to mortgage escrow accounts, hospitality dealmakers pursue ‘bigger, higher-conviction’ M&A, and more!
    • In the wake of the 21st Century ROAD to Housing Act becoming law, the U.S. Chamber of Commerce has created a Housing Advisory Council with the goal of advancing market-driven policies that help increase housing supply and promote affordability. (Julie Strupp, Multifamily Dive)
    • Investors in the single-family housing market are increasingly concerned about interest rates, rising insurance and home costs, and the ongoing war with Iran. (Diana Olick, CNBC)
    • A legal battle is brewing over new federal rules related to accounts that hold money to pay homeowners’ property taxes and insurance payments. (Sarah Agostino, CNBC)
    Read the full story...
    Reprinted courtesy of Pillsbury's Construction & Real Estate Law Team

    The Great Escape: Non-Invalidation Clauses and Property Damage Claims

    October 20, 2026 —
    At their core, non-invalidation clauses (“NICs”) recognise an important commercial reality: an insured cannot control everything that happens at its premises. In the event that an insured finds itself in breach of a condition or warranty owing to events that have increased the risk of damage to its property, but which were outside its authority, knowledge or beyond its control, a NIC may prevent the insurer from avoiding the claim. For that reason, they’re an important tool in an insured’s coverage arsenal. Although there is relatively little caselaw on NICs, their purpose was recognised in The Seashell of Lisson Grove Ltd v Aviva Insurance Ltd [2011] EWHC 1761 (Comm) (on which we wrote a previous article – The Good, the Bad & the Ugly: #26 The Good: The Seashell of Lisson Grove Ltd v Aviva) Reprinted courtesy of Abigail Smith, SDV Fenchurch and Kaarthiga Manimaran, SDV Fenchurch Ms. Smith may be contacted at abigail.smith@sdvfenchurch.uk Ms. Manimaran may be contacted at kaarthiga.manimaran@sdvfenchurch.uk Read the full story...

    Late Notice Bars Insured’s Claim for Water Leak Damage

    August 11, 2026 —
    The federal district court granted the insurer’s motion for summary judgment dismissing the insured’s claim due to late notice. Global Approach, Inc. v. Scottsdale Ins. Co., 2026 U.S. Dist. LEXIS 120183 (S. D. Fla. June 1, 2026). Global suffered water damage on September 3, 2021, which originated in the bathroom of one of its rental properties. Global reported the claim to its insurer, Scottsdale, on October 19, 2021. Prior to reporting the claim, Global hired a handyman to inspect the property and then demolished the damaged area and repaired the bathroom. Read the full story...
    Reprinted courtesy of Tred R. Eyerly, Damon Key Leong Kupchak Hastert
    Mr. Eyerly may be contacted at te@hawaiilawyer.com

    Federal Court Pauses New Mexico PFAS Labeling Rule, but Not Its Bans or Reporting Deadline

    October 26, 2026 —
    As we previously reported, New Mexico adopted novel product labeling requirements that would require manufacturers to display a PFAS flask symbol on covered products. Those requirements are now on hold. A coalition of industry associations led by the American Chemistry Council sued in federal court, arguing that the mandate unconstitutionally compels speech in violation of the First Amendment. On September 16, 2026, the U.S. District Court for the District of New Mexico preliminarily enjoined enforcement of the labeling rule while the case, American Chemistry Council v. Kenney, No. 1:26-cv-02130-MIS-SCY, proceeds. The court found the challengers likely to succeed because New Mexico had not shown a reasonable fit between the label and its interests in protecting consumer health and the environment. A Broad Rule Built Around One Symbol New Mexico enacted its PFAS Protection Act in April 2025, joining Maine and Minnesota as the third state to adopt broad reporting requirements and eventual sales restrictions for products containing intentionally added per- and polyfluoroalkyl substances (PFAS). The Act also authorized the Environmental Improvement Board to require PFAS labels on products. The Board’s implementing rule, which became effective July 1, 2026, specified the exact format of the label and how it had to appear. Reprinted courtesy of Ashleigh K. Myers, Pillsbury, Jillian Marullo, Pillsbury and Claudia Vetesi, Pillsbury Ms. Myers may be contacted at ashleigh.myers@pillsburylaw.com Ms. Marullo may be contacted at jillian.marullo@pillsburylaw.com Ms. Vetesi may be contacted at claudia.vetesi@pillsburylaw.com Read the full story...

    Lost in Translation: AEC Tech’s Missing Role

    May 12, 2026 —
    I once visited a construction site where the contractor’s headquarters had commissioned a tech company to build an on-site quality-inspection application. The developer had admitted to the site engineer that they had never set foot on a construction site before. The engineer showed me what he was actually using: his own phone camera and an Excel sheet. The new app did not map to how work actually happened on site. This is not an isolated story. The vendor builds something technically coherent but operationally disconnected. The client, somewhere up the chain, had fallen in love with the idea of the solution before anyone had built an honest business case for it. The result is a tool that gets demonstrated at a board meeting but isn’t used in the field. Read the full story...
    Reprinted courtesy of Aarni Heiskanen, AEC Business
    Mr. Heiskanen may be contacted at aec-business@aepartners.fi

    A Customized Approach to Data Center Construction

    June 29, 2026 —
    Data center construction projects are, to put it mildly, distinct. They differ from traditional construction in a host of manners, and are particularly distinctive because the value of the facility depends on unique measures of performance. A center that cannot meet uptime, cooling, redundancy or connectivity standards will not achieve its mission, whether or not the structure itself meets standard industry contract-form “substantial completion” or “mechanical completion” definitions. Owners, developers, lenders, operators and hyperscalers—especially hyperscalers!—want it all. They seek favorable and stable pricing, accelerated delivery and sophisticated components, all of which are evolving in “real project time.” Standard construction contract forms deserve extensive modifications to align clauses with expectations, with a heightened focus on systems integration, commissioning, and allocation of special risks. This article details customized considerations for drafting, negotiating and administering data center design and construction agreements. Reprinted courtesy of James P. Bobotek, Pillsbury, Arielle L. Murphy, Pillsbury and Robert A. James, Pillsbury Mr. Bobotek may be contacted at james.bobotek@pillsburylaw.com Ms. Murphy may be contacted at arielle.murphy@pillsburylaw.com Mr. James may be contacted at rob.james@pillsburylaw.com Read the full story...

    Arbitration in Construction Disputes: Process and Best Practices

    July 27, 2026 —
    Arbitration in construction disputes is a private process where owners, contractors, subcontractors, designers or suppliers present claims to one or more neutral arbitrators instead of taking the dispute through court. The arbitrator reviews evidence, hears testimony and issues a decision that is usually binding. Construction arbitration is common because project disputes are technical, document-heavy and time-sensitive. Claims may involve schedule delays, disputed change orders, defective work, differing site conditions, payment, termination, indemnity, surety issues or professional liability. Arbitration can be faster and more specialized than litigation, but speed is not guaranteed. Poor contract language, broad discovery, weak records and unclear damages can make arbitration expensive. Reprinted courtesy of Construction Executive, a publication of Associated Builders and Contractors. All rights reserved. Read the full story...