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

    Hawaii Court of Appeals Affirms Broker's Liability for Failure to Renew Coverage

    'Regluing' Oregon State's Showcase for Mass Timber

    Time Limits on Hidden Construction Defects

    Home Building Up in Kansas City

    Appeals Court Explains Punitive Damages Awards For Extreme Reprehensibility Or Unusually Small, Hard-To-Detect Or Hard-To-Measure Compensatory Damages

    California Poised for the Most Significant Residential Construction Defect Reforms in Decades

    A Relatively Small Exception to Fraud and Contract Don’t Mix

    Beware of Personal-Liability Clauses – Even When Signing in Your Representative Capacity

    Hawaii Supreme Court Finds Climate Change Lawsuit Barred by “Pollution Exclusion”

    Reminder: Quantum Meruit and Breach of Construction Contract Don’t Mix

    Heavy Rains Cause Flooding, Mudslides in Japan

    5 Impressive Construction Projects in North Carolina

    Construction Warranties and the Statute of Repose – Southern States Chemical, Inc v. Tampa Tank & Welding Inc.

    Insurer Waives Objection to Appraiser's Partiality by Waiting Until Appraisal Issued

    School Board Sues Multiple Firms over Site Excavation Problem

    HVAC System Collapses Over Pool at Gaylord Rockies Resort Colorado

    Construction Halted in Wisconsin Due to Alleged Bid Issues

    Federal Court Predicts Coverage In Nevada for Damage Caused by Faulty Workmanship

    Orlando Commercial Construction Permits Double in Value

    Time to Repair Nevada’s Construction Defect Laws?

    California Supreme Court Rejects Third Exception to Privette Doctrine

    Will Future Megacities Be a Marvel or a Mess? Look at New Delhi

    BE PROACTIVE: Steps to Preserve and Enhance Your Insurance Rights In Light of the Recent Natural Disasters

    BHA has a Nice Swing Donates to CDCCF

    California Plant Would Convert Wood Waste Into Hydrogen Fuel

    White and Williams Lawyers Recognized by Best Lawyers

    Another Reason to Always Respond (or Hensel Phelps Wins One!)

    Fire Tests Inspire More Robust Timber Product Standard

    Testimony from Insureds' Expert Limited By Motion In Limine

    Strategic Implementation of AI in AEC

    Why Federal and State Agencies are Considering Converting from a “Gallons Consumed” to a “Road Usage” Tax – And What are the Risks to the Consumer?

    Think Before you Execute that Release – the Language in the Release Matters!

    Nondelegable Duty of Care Owed to Third Persons

    Recent Amendments and Caselaw Affecting the Construction Industry in Texas

    No Concrete Answers on Whether Construction Defects Are Occurrences

    Haight’s John Arbucci and Kristian Moriarty Selected for Super Lawyers’ 2020 Southern California Rising Stars

    Real Estate & Construction News Roundup (7/15/26) – The World Cup’s Effect on Commercial Real Estate, Megadeals Lift CRE Sales and Algorithmic Pricing Lawsuits Continue

    Construction of $3B Data Center in North Dakota Spurs Annexation Battle

    Online Meetings & Privacy in Today’s WFH Environment

    Skanska Will Work With Florida on Barge-Caused Damage to Pensacola Bay Bridge

    US Civil Rights Tools Are Failing the Most Polluted Black Communities

    Finalists in San Diego’s Moving Parklet Design Competition Announced

    New York's Highest Court Says Asbestos Causation Requires Evidence Of Sufficient Exposure To Sustain Liability

    6 Ways to Reduce Fire Safety Hazards in BESS

    Don’t Kick the Claim Until the End of the Project: Timely Give Notice and Preserve Your Claims on Construction Projects

    Why the Total Recordable Incident Rate Doesn’t Tell the Whole Safety Story

    Hunton Insurance Coverage Partner Lawrence J. Bracken II Awarded Emory Public Interest Committee’s 2024 Lifetime Commitment to Public Service Award

    2019 Legislative Changes Affecting the Construction Industry

    Personal Thoughts on Construction Mediation

    Nebraska Joins the Ranks—No CGL Coverage for Faulty Work
    Corporate Profile

    ANAHEIM CALIFORNIA CONSTRUCTION EXPERT WITNESS
    DIRECTORY AND CAPABILITIES

    Drawing from more than 4500 general contracting and design related expert designations, the Anaheim, California Construction Expert Directory delivers a wide range of trial support and consulting services to developers, risk managers, and construction claims professionals concerned with construction defect, scheduling, and delay claims. BHA provides construction claims investigation and expert services to the construction industry's leading builders and developers, legal professionals, and owners, as well as a variety of state and local government agencies. Employing in house resources which comprise licensed architects, registered professional engineers, ASPE certified professional estimators, ICC Certified inspection and testing professionals, the firm brings specialized expertise and local capabilities to the Anaheim region.

    Anaheim California window expert witnessAnaheim California civil engineer expert witnessAnaheim California expert witness commercial buildingsAnaheim California testifying construction expert witnessAnaheim California construction project management expert witnessesAnaheim California construction expertsAnaheim California stucco expert witness
    Construction Expert Witness News & Info
    Anaheim, California

    Why Construction Tendering Needs Specialized Intelligence

    March 31, 2026 —
    The construction industry has never lacked data; it lacks usable intelligence at the moments that matter most. In the high-stakes phases of tendering and pre-construction, the industry still relies on manual “Control-F” searches through thousands of pages of unstructured documents. I recently spoke with Herman Smith, a civil engineer and former Chief Digital Officer at Multiconsult, who left the corporate world to solve this specific bottleneck. His startup, Volve, isn’t just another AI wrapper; it is a specialized “drill” designed to penetrate the complexity of construction documentation. The Paradox of Digitalization without a Productivity Boost For years, the AEC industry has faced a frustrating paradox: we have more digital tools than ever, yet productivity has not improved. Herman observed this from the inside, managing hundreds of unique software licenses while seeing companies struggle to adapt to new workflows. Read the full story...
    Reprinted courtesy of Aarni Heiskanen, AEC Business
    Mr. Heiskanen may be contacted at aec-business@aepartners.fi

    Insufficient Notice of Commencement and Construction Lien Rights

    August 03, 2026 —
    When a party is preserving their construction lien rights, the party will look to the recorded Notice of Commencement. This is the recorded document that provides the lienor with the information for purposes of preserving construction lien rights. A Notice to Owner company will typically rely on the Notice of Commencement to serve Notices to Owners from lower tiers not in contract with the owner. However, when it comes to preparing the lien, a lienor should look beyond just the Notice of Commencement and also look to the property appraiser’s website as a backstop. In a recent case, a window company had the homeowner sign the Notice of Commencement and then filled in the information. The company naturally did this for the convenience of the homeowner that probably was unfamiliar with the Notice of Commencement process. Regardless, information in the Notice of Commencement was inaccurate. It failed to include all the real property owners. Thus, when a payment dispute arose and a construction lien was prepared, it did not identify all of the real property owners. All of the real property owners were added later during the pendency of a lien foreclosure lawsuit. The trial court denied the lien because of the defective / insufficient Notice of Commencement — the lienor assumed the risk of error by filling out the information in the Notice of Commencement. The trial court further denied the lien holding that because the work did not commence within 90 days of the Notice of Commencement, the Notice of Commencement is void. Read the full story...
    Reprinted courtesy of David Adelstein, Kirwin Norris
    Mr. Adelstein may be contacted at dma@kirwinnorris.com

    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...

    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

    We Won’t Permit That Excuse!

    June 23, 2026 —
    A Texas appellate court recently ruled that a building permit wasn’t a condition precedent for a construction project. That caught our attention. Can you build a commercial project without a permit? But as we read the case, we see the court’s reasoning. And it reminds us of an important legal principle that should inform our contract drafting and negotiation. The case was a civil suit brought by the project owner against its tenant improvement contractor for work on a medical spa. The owner claimed that the contractor didn’t perform the work properly and didn’t finish construction. The contractor argued that delays and problems were caused by the owner, alleging numerous failures, including the owner’s failure to secure a building permit. Reprinted courtesy of Curt Martin, Peckar & Abramson, P.C. and Richard Eiszner, Peckar & Abramson, P.C. Mr. Martin may be contacted at cmartin@pecklaw.com Mr. Eiszner may be contacted at reiszner@pecklaw.com Read the full story...

    Breaking Ground On New California Public Works Prevailing Wage Requirements

    April 27, 2026 —
    Seyfarth Synopsis: As of January 1, 2026, AB 889 bulldozed California’s Prevailing Wage law, which impacts public works employers—including public agencies, the contractors that work for them, and private owners and developers whose projects may be subject to public works requirements. The amended law reframes the calculation of fringe benefits for individuals who work on public works project and mandates annualization of such benefits, demolishes the practice of frontloading these benefits, and requires employers to maintain inspection-ready records of compliance. This year, AB 889 significantly revised California’s prevailing wage law, codified at Labor Code section 1773.1, to clarify the state’s prevailing wage regulations and streamline enforcement. Accordingly, as of January 1, 2026, California public works employers are required to annualize employees’ fringe benefits and maintain specific documentation demonstrating statutory compliance. These new obligations impact public agencies and their contractors, as well as private owners and developers whose projects may be subject to public works requirements. Continue reading for the blueprint of how to comply with the state’s amended prevailing wage law. Reprinted courtesy of Heather Frisch, Seyfarth Shaw LLP, Christopher Bouquet, Seyfarth Shaw LLP and Ashley Stein, Seyfarth Shaw LLP Ms. Frisch may be contacted at hfrisch@seyfarth.com Mr. Bouquet may be contacted at cbouquet@seyfarth.com Ms. Stein may be contacted at astein@seyfarth.com Read the full story...

    One Industry, One Goal: Construction Safety Week 2026

    May 05, 2026 —
    Construction safety has long been a top priority across the industry. Yet fatality rates have remained stubbornly flat for more than a decade. Steven Carter, global health and safety director at Gilbane chair company for Construction Safety Week 2026—believes the industry has reached a pivotal moment. This year’s theme—”All In Together: Recognize. Respond. Respect.”—is a unified call to action for owners, designers, contractors and craft professionals around a shared, risk-based approach to preventing serious injuries and fatalities. In a recent interview with Construction Executive, Carter discusses why the industry must move beyond incremental improvements, how technology and AI can support better planning and what it will take to create a true culture of psychological safety on jobsites. Reprinted courtesy of Maggie Murphy, Construction Executive, a publication of Associated Builders and Contractors. All rights reserved. Read the full story...

    “The Superintendent Told Us to Do It:” Why Verbal Approval May Not Be Enough

    June 02, 2026 —
    In construction defect litigation, one scenario appears repeatedly: a subcontractor installs work in a manner that differs from the plans, specifications, manufacturer instructions, or industry standards after being verbally directed to do so by the general contractor, superintendent, architect, or owner’s representative. At the time, the decision may seem minor. The project is moving quickly, the field team wants to maintain progress, and nobody wants to stop working over what appears to be a small issue. The subcontractor may trust the superintendent or project manager and assume the conversation will be remembered later if questions arise. Years later, however, when the project experiences problems, the people involved may deny the conversation occurred, remember it differently, or simply no longer remember the project. Without written documentation, the subcontractor can find itself defending claims for defective work, even though it performed the installation exactly as directed. Read the full story...
    Reprinted courtesy of Andrew Lintner, Higgins, Hopkins, McLain & Roswell, LLC
    Mr. Lintner may be contacted at alintner@hhmrlaw.com