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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
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    ANAHEIM CALIFORNIA CONSTRUCTION EXPERT WITNESS
    DIRECTORY AND CAPABILITIES

    Through more than four thousand building and construction related expert designations, the Anaheim, California Construction Expert Directory delivers a superior construction and design expert support solution to construction claims professionals concerned with construction defect and claims litigation. 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. Utilizing captive resources which comprise construction standard of care consultants, registered architects, professional engineers, and credentialed building envelope experts, the firm brings specialized expertise and local capabilities to the Anaheim region.

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    Construction Expert Witness News & Info
    Anaheim, California

    Court Ends Trump Shutdown of NY's $5B Empire Wind, Second Offshore Project Revived

    February 17, 2026 —
    In a much-anticipated decision Jan. 15, the federal district court in Washington, D.C., revoked a construction shutdown ordered by the Trump administration against another major East Coast offshore wind project—the $5-billion Empire Wind underway south of New York City. The project's developer, Norway-based Equinor, won a stay and preliminary injunction in response to its lawsuit and one from the state, which aims to direct most of the project's planned 810 MW of power generation to the city's metro area. Read the full story...
    Reprinted courtesy of Debra K. Rubin, Engineering News-Record
    Ms. Rubin may be contacted at rubind@enr.com

    Yet Another Reason That Your Contract Matters

    February 10, 2026 —
    I have discussed on several occasions the fact that construction contracts matter. The words in contracts matter and, in Virginia (as well as other states), most provisions, if not all will be enforced to the letter. Recently, the Western District of Virginia federal court ruled in a way that reminded me of another reason for a well-drafted contract. In Rockingham Precast, Inc. v. American Infrastructure – Maryland, Inc. the Western District of Virginia Court considered a motion to transfer the venue to Maryland filed by American Infrastructure. The plaintiff, Rockingham Precast, a Virginia-based company sued in Virginia. American Infrastructure conceded that VA could be a proper forum for the lawsuit but argued that the form was much too inconvenient and costly for the party and non-party witnesses and that the cost made the forum an unfair place to try the case. Read the full story...
    Reprinted courtesy of The Law Office of Christopher G. Hill
    Mr. Hill may be contacted at chrisghill@constructionlawva.com

    Standing When It Comes to Real Property Owned by a Trust

    February 23, 2026 —
    It is not uncommon for property to be owned in the name of the trust as part of an estate planning agenda. In construction, improvements are made all the time to real property owned in the name of a trust or later transferred to a trust for estate planning purposes. In a recent case, the question became that if the property is owned by the trust does only the trust have standing to file the lawsuit. In this case, homeowners, in their individual capacities, sued a flooring contractor for defective work; however, prior to the lawsuit, the homeowners deeded the home (which would include the flooring in the home) to a revocable trust. The plaintiffs, though, were the trustees of the revocable trust and the settlors of the trust. Read the full story...
    Reprinted courtesy of David Adelstein, Kirwin Norris
    Mr. Adelstein may be contacted at dma@kirwinnorris.com

    BWB&O Recognized Among 2026 Best Law Firms® in the United States

    December 08, 2025 —
    Bremer Whyte Brown & O’Meara, LLP is proud to announce its inclusion in the 2026 edition of Best Law Firms® in the United States, receiving national and regional rankings across multiple practice areas for the sixth consecutive year. National Tier 3
    • Construction Law
    Regional Tier 1: Orange County
    • Family Law
    • Personal Injury Law
    • Construction Law
    Regional Tier 2: Los Angeles and Las Vegas
    • Construction Law
    San Diego
    • Real Estate Litigation
    Read the full story...
    Reprinted courtesy of Bremer Whyte Brown & O'Meara LLP

    Under Construction – November 2025

    January 06, 2026 —
    Letter From the Editor Welcome to the fall edition of Snell & Wilmer’s Under Construction Newsletter. As brisk autumn air sets in, it’s an ideal moment to shore up the basics — both in your projects and in your grasp of the continually shifting field of construction law. In this newsletter, we explore a variety of topics related to current construction trends and legal news that may be relevant and helpful to you and your business. We have assembled a selection of articles that include discussions of state-specific issues including how Idaho’s Contractor Registration Act bars unregistering contractors from enforcing contracts or filing liens, though the state Supreme Court allows remedies for post-registration work if severable. This edition discusses how contractors can maximize cash flow and profits by substituting security for retainage on public projects. We also highlight the California Court of Appeals discussion and latest decision relating to subcontractor substitution protections under Public Contract Code §4107. We round out our newsletter summarizing how the Colorado Supreme Court clarified that the economic loss rule bars tort claims for purely economic harm arising from contracts — even when alleging willful and wanton misconduct. Read the full story...
    Reprinted courtesy of Snell & Wilmer

    2026 Construction Outlook: Dampening Outlook With Some Potential Bright Spots

    February 17, 2026 —
    According to Dodge Construction Network’s Outlook 2026 Ebook, “the construction industry came roaring into 2025” – with large government investments through the Infrastructure Bill and the CHIPS Act (promoting investment in the domestic semiconductor industry), as well as outsized spending on data centers to support cloud and AI technology – but “throttled back significantly” due to “rapid changes to economic and fiscal policies.” These changes include short-term cost impacts due to tariffs and labor impacts due to the federal government’s immigration crackdown and long-term concerns following enactment of the One Big Beautiful Bill (OBBBA) which is anticipated to add $3.4 trillion to the federal deficit over ten years. Read the full story...
    Reprinted courtesy of Garret Murai, Nomos
    Mr. Murai may be contacted at gmurai@nomosllp.com

    Traub Lieberman Partner Jessica Kull Obtains Favorable Arbitration Award In Year-Long High-Stakes Construction Defect Case

    November 09, 2025 —
    Traub Lieberman Partner Jessica Kull and the Traub Lieberman litigation team obtained an extremely favorable outcome in a highly contentious construction defect arbitration hearing on behalf of their client, a well-known general contractor, LG Construction Group LLC (“LG”). The litigation lasted a total of 6 years, with the arbitration evidentiary hearing portion continuing for 12 months. In 2019, the Claimant, a wealthy homeowner, filed an arbitration demand against both LG and the luxury brand architecture firm that she hired to construct a multi-million-dollar lakefront home in Wilmette, Illinois. The Claimant alleged construction defects totaling approximately $13 million in damages. Her claims included alleged defects to the exterior and interior of the home. In turn, Jessica filed third-party claims against approximately 20 subcontractors involved in performing the work. Read the full story...
    Reprinted courtesy of Jessica N. Kull, Traub Lieberman
    Ms. Kull may be contacted at jkull@tlsslaw.com

    Can Anything Supersede Excel in AEC?

    April 27, 2026 —
    If there’s one piece of software that dominates the business world across industries, it’s Microsoft Excel. Can AI finally dethrone the mighty spreadsheet? Memorable Spreadsheet Moments Everyone has memorable spreadsheet moments. I have a few. For example, my then-architecture firm was involved in more than a dozen housing developments abroad. I developed an Excel workbook that took the required number of households as input and automatically generated a breakdown of buildings and their apartment types for AutoCAD. This was urban planning and architectural design done with a spreadsheet. I also developed business software using Excel for project portfolio management. The prototype was later scaled into a commercial SaaS that is now used globally. Another memorable moment was when a property owner told me their Excel file grew so large that it ran out of rows and columns. That must have been before 2007, when the maximum number of columns on a sheet was still just 256 and the maximum number of rows was 65,536. The current limits are 1,048,576 rows and 16,384 columns, which I hope no one will exceed. Read the full story...
    Reprinted courtesy of Google Advances Green Goal With AES Deal for Carbon-Free Power

    Deductibles Limited to Number of Suits Filed Against Insured, Not Number of Actual Plaintiffs

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

    Ten Years After Colorado’s Adverse Possession Amendment: a brief look backwards and forwards

    Fall 2024 Legislative Update:

    Infrared Photography Illuminates Construction Defects and Patent Trolling

    What Every Project Participant Needs to Know About Delay Claims

    Courthouse Reporter Series: Nebraska Court of Appeals Vacates Arbitration Award for Misconduct

    Zero-Net Energy Homes Costly Everywhere but at the Electric Meter

    More on Fraud, Opinions and Contracts

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    Construction Defect Attorneys Call for Better Funding of Court System

    Should a Subcontractor provide bonds to a GC who is not himself bonded? (Bonding Agent Perspective)

    Inside the Old Psych Hospital Reborn As a Home for Money Managers

    Deck Built, Towers Stalled: $1B Fenway Center Air-Rights Project Hits Turbulence

    What If There Is a Design Error?

    Breach of Fiduciary Duty Claim Against Insurer Survives Motion to Dismiss

    Collapse of Breezeway Attached to Building Covered

    West Coast Casualty Promises Exciting Line Up at the Nineteenth Annual Conference

    Home Buyer May Be Third Party Beneficiary of Property Policy

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    Atlanta Hawks Billionaire Owner Plans $5 Billion Downtown Transformation

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    COVID-19 and Mutual Responsibility Clauses

    Architect Named Grand Custom Home Winner for Triangular Design

    Construction Litigation Roundup: “The Jury Is Still Out”

    Don’t Put All Your Eggs in the Silent-Cyber Basket

    Lewis Brisbois’ Houston Office Selected as a 2020 Top Workplace by the Houston Chronicle

    Motion to Dismiss Insureds' Counterclaim on the Basis of Prior Knowledge Denied

    BHA Sponsors 28th Annual Construction Law Conference in San Antonio, TX

    Fort Lauderdale Associate Secures Summary Judgment in Rare Premises Liability Win

    Storm Debby Is Deadly — Because It’s Slow

    Policyholders' Coverage Checklist in Times of Coronavirus

    Gilbane Project Exec Completes His Mission Against the Odds

    Quick Note: Attorney’s Fees on Attorney’s Fees

    Morrison Bridge Allegedly Crumbling

    Top 10 Take-Aways from the 2024 Annual Forum Meeting in New Orleans

    From the Ground Up

    The Requirement to State a “Sum Certain” No Longer a Jurisdictional Bar to Government Contract Claims

    “The Myth of Sisyphus”

    OSHA Finalizes Rule on Crane Operator Qualification and Certification

    Subsidence Exclusion Bars Coverage for Damage Caused by Landslide

    Contractors: Revisit your Force Majeure Provisions to Account for Hurricanes

    New York Assembly Reconsiders ‘Bad Faith’ Bill

    A Court-Side Seat: “Inholdings” Upheld, a Pecos Bill Come Due and Agency Actions Abound

    Strict Rules for Home Remodel Contracts in California

    Andrea DeField Recognized In 2024 List of Influential Business Women By South Florida Business Journal

    New Research Shows Engineering Firms' Impact on Economy, Continued Optimism on Business Climate

    Texas Supreme Court: Breach of Contract Not Required to Prevail on Statutory Bad Faith Claim
    Down Public Works to Enforce Health and Safety Plans