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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

    Planned Everglades Reservoir at Center of Spat Between Fla.'s Gov.-Elect, Water Management District

    24th Annual West Coast Casualty Construction Defect Seminar A Success

    PATH Station Designed by Architect Known for Beautiful Structures, Defects, and Cost Overruns

    Boston Water Main Break Floods Trench and Kills Two Workers

    Home Sales and Stock Price Up for D. R. Horton

    #5 CDJ Topic: David Belasco v. Gary Loren Wells et al. (2015) B254525

    Construction Litigation Roundup: “I Never Had a Chance”

    Coverage Found For Cleanup of Superfund Site Despite Pollution Exclusion

    How to Lose Your Contractor’s License in 90 Days (or Less): California and Louisiana

    Video: Contractors’ Update on New Regulations Governing Commercial Use of Drones

    A Lesson from the Criminal Courtroom to Construction Contractors About Videos and Photos

    Forecast Sunny for Solar Contractors in California

    Liability Coverage For Construction Claims May Turn On Narrow Factual Distinctions

    Another Defect Found on the Bay Bridge: Water Leakage

    Moving in Before Substantial Completion? The Risks of Early Owner Occupancy

    Will Maryland Beltway Developer's Exit Doom $7.6B P3 Project?

    How to Properly Fill Out and Use the Unconditional Waiver and Release on Progress Payment Form Used in California Construction

    Detroit Showed What ‘Build Back Better’ Can Look Like

    California’s Labor Enforcement Task Force Continues to Set Fire to the Underground Economy

    Florida County Suspends Impact Fees to Spur Development

    Manhattan Trophy Home Sellers Test Buyer Limits on Price

    What are Section 8(f) Agreements?

    Feds to Repair Damage From Halted Border Wall Work in Texas, California

    Mountain States Super Lawyers 2019 Recognizes 21 Nevada Snell & Wilmer Attorneys

    Houston’s High Housing Demand due to Employment Growth

    Oracle Sues Procore, Claims Theft of Trade Secrets for ERP Integration

    Presenting a “Total Time” Delay Claim Is Not Sufficient

    EPA Expands PFAS Reporting Requirements with Addition of New Chemical to Toxics Release Inventory, Published by Law360

    The Importance of Engaging Design Professional Experts Early, with a Focus on Massachusetts Law

    Court of Appeals Confirms that King County Superior Court’s Jury Selection Process Satisfies Due Process Requirements

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    North Carolina Federal Court Holds “Hazardous Materials” Exclusion Does Not Bar Duty to Defend Under CGL Policy for Bodily Injury Claims Arising Out of Direct Exposure to PFAs

    Bert L. Howe & Associates Brings Professional Development Series to Their Houston Office

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    Attorney Risks Disqualification If After Receiving Presumptively Privileged Communication Fails to Notify Privilege Holder and Uses Document Pending Privilege Determination by Court

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    Corporate Profile

    ANAHEIM CALIFORNIA CONSTRUCTION EXPERT WITNESS
    DIRECTORY AND CAPABILITIES

    Drawing from more than 4500 construction and design related expert designations, the Anaheim, California Construction Expert Directory delivers a superior construction and design expert support solution to builders and construction practice groups seeking effective resolution of construction defect, scheduling, and delay matters. BHA provides building claims and trial 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. Utilizing captive resources which comprise construction delay claims experts, registered design professionals, professional engineers, and credentailed construction consultants, the construction experts group brings specialized experience and local capabilities to Anaheim and the surrounding areas.

    Anaheim California contractor expert witnessAnaheim California fenestration expert witnessAnaheim California building envelope expert witnessAnaheim California hospital construction expert witnessAnaheim California building consultant expertAnaheim California construction expert witness public projectsAnaheim California reconstruction expert witness
    Construction Expert Witness News & Info
    Anaheim, California

    White and Williams LLP Secures Trio of Cyber Coverage Wins

    May 12, 2026 —
    Three weeks, three jurisdictions, three cyber wins. White and Williams picked up the first victory on March 9, 2026, in the United States District Court for the Western District of Texas, where the court granted summary judgment to their client enforcing a Cyber Crime Loss sublimit. See Perry & Perry Builders, Inc. v. Cowbell Cyber and Obsidian Specialty Ins. Co., 2026 U.S. Dist. LEXIS 49409 (E.D. Tex. Mar. 9, 2026). In Perry, the insured was deceived into transferring money intended for a vendor to an unintended third party. The insurer acknowledged that the loss was covered and paid the insured the policy’s Cyber Crime Loss sublimit. Discontent with a single sublimit, the insured argued that because it wired the money to the fraudster in separate transfers, it was entitled to a second Cyber Crime Loss sublimit. Reprinted courtesy of Gabriel Darwick, White and Williams LLP and Sean Elman, White and Williams LLP Mr. Darwick may be contacted at darwickg@whiteandwilliams.com Mr. Elman may be contacted at elmans@whiteandwilliams.com Read the full story...

    Appeals Court Upholds Skanska, Granite Win in ‘I-4 Ultimate’ JV Dispute

    June 15, 2026 —
    A federal appeals court has upheld a lower court’s decision requiring The Lane Construction Corp. to pay roughly $79 million in damages, plus interest, to joint venture partners Skanska USA Civil Southeast and Granite Construction for work on Florida’s I-4 Ultimate highway megaproject in Orlando, which was completed in 2022. Read the full story...
    Reprinted courtesy of Bryan Gottlieb, Engineering News-Record
    Mr. Gottlieb may be contacted at gottliebb@enr.com

    Beyond the Storm: How Non-Hurricane Catastrophes Expose Florida’s Construction Defect Blind Spot

    August 11, 2026 —
    On June 8, 2026, a magnitude 6.1 earthquake struck the Gulf near the coast of Cuba, the largest instrumentally recorded earthquake in the Gulf since seismic monitoring began in 1950. Buildings swayed, offices were evacuated, and many residents along the east coast of Florida, from Miami-Dade to Jacksonville, felt the ground shake. Although no tsunami followed and reported structural damage was limited, this event exposed a blind spot that Florida property owners, developers, and their counsel cannot afford to ignore: catastrophic stress on Florida buildings does not always come in the form of a named storm. Florida property owners have grown accustomed to preparing for wind, storm surge, floods, and torrential rain. Far less attention is paid to earthquakes, sinkholes, tornadoes, hail, and non-tropical flooding, each of which can place unexpected stress on buildings not designed with those forces top of mind and can trigger deficiencies in buildings that were not otherwise known, expose design failures, and create an urgency for both insurance claims and subsequent litigation. Non-Hurricane Triggers of Latent Defects Seismic activity is the clearest example. Florida’s building code accounts for wind loads, not seismic forces, meaning even a moderate earthquake can reveal weaknesses in curtain wall systems, structural connections, or foundations that were already marginal. Sinkholes, driven by Florida’s karst limestone geology, remain a persistent threat, particularly in Central Florida, where subsurface voids can undermine foundations without warning. Non-tropical flooding, like the record rainfall that flooded South Florida in June 2024, can intrude through building envelopes and waterproofing systems that were never stress-tested for such volumes of water. Tornadoes and hail, while more localized, can cause roofing and envelope failures that mimic, mask, or trigger latent construction defects. The Litigation and Coverage Disputes That Follow When one of these events strikes a building already carrying undisclosed or unresolved construction defects, the resulting disputes become considerably more complex. Property owners and associations must move quickly to document existing conditions and distinguish damage caused by the event from pre-existing defective construction, the same causation issue that arises in the hurricane context under Chapter 558, but often without the benefit of established precedent or adjuster experience with these less common events. Insurance coverage disputes frequently follow close behind. Carriers may dispute whether an earthquake, flood, or other peril is covered at all, particularly where policies contain earthquake or flood exclusions requiring separate endorsements, or anti-concurrent causation language that can bar coverage entirely when a covered peril combines with an uncovered one, such as pre-existing defective construction, to cause a loss. Sinkhole claims carry their own statutory framework under Florida law, requiring specific testing protocols and reporting before a claim is compensable. Developers and contractors, in turn, may find themselves defending Chapter 558 claims while simultaneously litigating with their own carriers over defense and indemnity obligations. Practical Risk Mitigation Strategies Property owners, associations, and developers can take several concrete steps to reduce their exposure. First, maintain thorough documentation, including engineering reports, maintenance logs, and photographs, well before any event occurs. This documentation is often the deciding factor in causation disputes. Second, engage structural engineers and consultants immediately following any seismic event, unusual flooding, or storm damage, regardless of whether a hurricane is involved. Prompt inspection preserves evidence and can help prevent inadvertent waiver of construction defect claims. Third, review insurance policies regularly with counsel or a broker to confirm earthquake, flood, and sinkhole coverage matches the property’s actual risk profile, rather than assuming a standard property policy responds to every peril. Fourth, avoid rushing to remediate before conditions are documented and/or before consulting counsel. Well-intentioned repairs can inadvertently compromise evidence needed to prove a defect claim. The June earthquake was a reminder that Florida’s catastrophic risk profile extends beyond hurricane season. Property owners, associations, and developers who build readiness plans around all forms of catastrophic stress, not just named storms, will be far better positioned when the next unexpected event occurs. Franchesco “Frank” Soto is a partner in Ball Janik’s Construction Defect Practice Group in Miami. He may be reached at fsoto@balljanik.com. Amanda L. Gonzalez is a litigation attorney in Ball Janik’s Construction Defect Practice Group in Miami. She may be reached at agonzalez@balljanik.com.

    Real Estate & Construction News Roundup (7/8/26) – Data Centers Negotiate Flexibility for Speed, Hotel Deal Activities Focus on Luxury, and DC Sues Apartment Owners

    July 20, 2026 —
    In our latest roundup, rail projects gain steam across the U.S., AI optimizes building operations, a modular approach speeds data center construction, and more!
    • Hyperscalers want their data centers online, and utilities want to provide interconnections, but both are still looking for common operating guidelines. (Herman K. Trabish, Construction Dive)
    • Contractors are taking advantage of multibillion-dollar train and transit contracts, even as funding challenges create hurdles for project execution. (Matthew Thibault, Construction Dive)
    • Although hospitality and leisure M&A deal volume was down 2.5% in the first half of 2026 compared to the prior six months, investors are concentrating on the upper end of the market, including luxury hotels, wellness resorts and gaming, or “data-rich,” platforms. (Noor Adatia, Hotel Dive)
    Read the full story...
    Reprinted courtesy of Pillsbury's Construction & Real Estate Law Team

    World's Longest Immersed Tunnel Passes Milestone, But Faces Delays

    August 03, 2026 —
    Work on the $8-billion Fehmarnbelt Tunnel, which is planned to link Germany and Denmark as the world’s longest immersed tunnel, is progressing as crews achieved a milestone last month with the successful immersion of its first precast concrete element. But Danish state-owned project owner Femern A/S says the plan is now running at least two years behind schedule and the tunnel’s road and rail portions will open in two separate stages. Read the full story...
    Reprinted courtesy of James Leggate, Engineering News-Record
    Mr. Leggate may be contacted at leggatej@enr.com

    Contractor Dispute Resolution Framework and Prevention

    July 06, 2026 —
    WHAT DEFINES A CONTRACTOR DISPUTE RESOLUTION FRAMEWORK A contractor dispute resolution framework is a structured system of contractual terms, governance processes and escalation pathways designed to prevent, manage and resolve conflicts between contracting parties with minimal disruption to cost, schedule and performance. The framework operates as both a preventive control and a corrective mechanism. Preventive elements establish clarity in scope, expectations and accountability before work begins. Corrective elements define how disagreements are identified, documented, escalated and resolved once they arise. Reprinted courtesy of Construction Executive, a publication of Associated Builders and Contractors. All rights reserved. Read the full story...

    GRSM Ranked Among Top 5 Construction Law Firms by Construction Executive

    September 21, 2026 —
    Gordon Rees Scully Mansukhani has been ranked the No. 5 construction law firm in the nation by Construction Executive in the magazine’s 2026 ranking of The Top 50 Construction Law Firms™. “Being named in the top five underscores the talent, experience, and nationwide capabilities of our construction team,” said Allen Estes III and Angela Richie, Chairs of GRSM’s Construction practice. “We are honored to serve as trusted counsel to clients across the construction industry and remain committed to delivering strategic solutions that help them achieve their business and project objectives.” In addition to this ranking, GRSM Construction practice group Co-Chairs Allen Estes and Angela Richie were featured in “Executive Insights 2026: Leaders in Construction Law,” where they shared insights on key risks to consider before signing construction contracts and discussed strategies for managing material cost volatility, supply-chain disruptions, and project delays. Read the full story...
    Reprinted courtesy of Gordon Rees Scully Mansukhani

    The “Pay When Paid” Clause in California Construction—Strategies as the Battle Continues

    August 03, 2026 —
    It is well known in California Construction circles that the “Pay If Paid” clause is illegal in this state. There is a great distinction, though, between this clause and a similar clause, known as a “Pay When Paid” clause. A pay if paid clause allows a contractor to tell a subcontractor that if the contractor is unpaid for the subcontractor’s work, then the contractor has no legal obligation to pay the subcontractor, ever. For a great variety of reasons, the California Supreme Court, in the case of Wm. R. Clarke Corp v. Safeco Ins. Co. of America (1997) 15 Cal.4th 882, declared this type of clause illegal in California Construction. Although the pay if paid clause is illegal in California, the pay when paid clause is still perfectly legal and is found in many subcontracts that contractors issue to their subcontractors. The pay when paid clause allows a contractor to delay paying its subcontractors until the dispute between the contractor and the property owner over payment has been resolved and the contractor is paid by the property owner. Although seemingly reasonable (since it merely delays payment until the contractor is paid by the owner, thereby providing a funding source to pay subcontractors), significant problems still arise. Read the full story...
    Reprinted courtesy of William L. Porter, Porter Law Group
    Mr. Porter may be contacted at bporter@porterlaw.com