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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

    Rhode Island Closes One Bridge and May Have Burned Others with Ensuing Lawsuit

    New York Enacts First-in-the-Nation Statewide Data Center Moratorium

    Deterioration of Bridge Infrastructure Is Increasing Insurance Needs

    Courthouse Reporter Series: The Bizarre Case That Required a 117-Year-Old Expert

    It's a Wrap! Enforcing Online Agreements in Light of the CPRA

    Handling Insurance Claims in the Wake of the Los Angeles Wildfires

    IRMI Expert Commentary: NY Highest Court Confronts Downstream Risk Transfer for Subcontractor Bodily Injury Claims

    Insurer Not Bound by Decision in Underlying Case Where No Collateral Estoppel

    Coping with Labor & Install Issues in Green Building

    Economy in U.S. Picked Up on Consumer Spending, Construction

    Caltrans to Speak before California Senate regarding Bay Bridge Expansion

    Contract Change #1- Insurance in the A201 (law note)

    California Contractor Tests the Bounds of Job Order Contracting

    Fire Tests Inspire More Robust Timber Product Standard

    Less Than Perfectly Drafted Endorsement Bars Flood Coverage

    Quick Note: October 1, 2023 Changes to Florida’s Construction Statutes

    Coverage Denied Where Occurrence Takes Place Outside Coverage Territory

    Coyness is Nice. Just Not When Seeking a Default Judgment

    What to Expect From the New Self-Retracting Devices Standard

    Seyfarth Shaw’s Construction Group Receives Top Tier Recognition from Legal 500

    Colorado Construction-Defects Reform Law Attempt Expected in 2015

    Contractor Definition Central to Coverage Dispute

    Privette: The “Affirmative Contribution” Exception, How Far Does It Go?

    Contracting Chaos? How Mid-America v. US Department of Transportation is Upending DBE Certifications

    Be a Good Neighbor: Techniques to Mitigate the Risk of Claims from Adjacent Landowners

    How to Document Changes and Preserve Claims Without Starting a Fight

    Regions Where Residential Construction Should Boom in 2014

    University of Tennessee Commits to $1.9B Capital Plan

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    Contractor Underpaid Workers, Pocketed the Difference

    Prospective Additional Insureds May Be Obligated to Arbitrate Coverage Disputes

    Nevada Supreme Court Reverses Decision against Grader in Drainage Case

    House Passes $25B Water Resources Development Bill

    Untangling Unique Legal Issues in Modern Modular Construction

    Want to Build Affordable Housing in the Heart of Paris? Make It Chic.

    California to Require Disclosure of Construction Defect Claims

    Eighth Circuit Remands to Determine Applicability of Collapse Exclusion

    The Top 10 Changes to the AIA A201: What You Need to Know

    “Source of Duty,” Tort, and Contract, Oh My!

    US Proposes Energy Efficiency Standards for Federal Buildings

    Green Investigations Are Here: U.S. Department of Justice Turns Towards Environmental Enforcement Actions, Deprioritizes Compliance Assistance

    Attorney-Client Privilege in the Age of Cyber Breaches

    Update: New VOSH Maximum Penalties as of July 1

    “It Just Didn’t Add Up!”

    Additional Dismissals of COVID Business Interruption, Civil Authority Claims

    Will On-Site Robotics Become Feasible in Construction?

    Potential Extension of the Statutes of Limitation and Repose for Colorado Construction Defect Claims

    The Construction Industry's Health Kick

    Don’t Assume Your Insurance Covers A Newly Acquired Company

    The Preservation Maze
    Corporate Profile

    ANAHEIM CALIFORNIA CONSTRUCTION EXPERT WITNESS
    DIRECTORY AND CAPABILITIES

    With over 4500 construction, architectural, and engineering related expert designations, the Anaheim, California Construction Expert Directory provides a streamlined multi-disciplinary expert retention and support solution to attorneys and construction practice groups concerned with construction defect and claims matters. BHA provides construction related consulting and expert witness 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 in house assets which include building envelope experts, forensic architects, professional engineers, credentialed construction standard of care consultants, the firm brings national experience and local capabilities to Anaheim and the surrounding areas.

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    Construction Expert Witness News & Info
    Anaheim, California

    Pay-If-Paid: What You Need to Know Before Signing on the Dotted Line

    August 03, 2026 —
    Buried deep in the fine print of a subcontract, a pay-if-paid clause may be looming. If you are a subcontractor or supplier, misreading these clauses can put your cash flow at risk. If you are an owner or general contractor, drafting them incorrectly can leave you with obligations you never intended — or unenforceable protections you were counting on. It is more important than ever to understand when pay-if-paid clauses hold up and when they do not, as well as recent litigation and drafting trends. Whether you are negotiating a new agreement, reviewing your standard form contracts, or staring down a payment dispute, understanding how Arizona law treats pay-if-paid clauses is essential. In this article, we break down key considerations, walk through the legal standards Arizona courts apply, and offer practical tips to consider to help you protect your payment rights on the next project. Reprinted courtesy of Christian Fernandez, Snell & Wilmer and Matthew Racioppo, Snell & Wilmer Mr. Fernandez may be contacted at cfernandez@swlaw.com Mr. Racioppo may be contacted at mracioppo@swlaw.com Read the full story...

    Sixth Circuit Revives Builder’s Risk Coverage, Refusing to Let Insurer Escape on a Technicality

    July 27, 2026 —
    In 3371 Reading, LLC v. Liberty Mutual Group, the Sixth Circuit did something courts do not always do in coverage disputes: it refused to let an insurer avoid liability based on a technical policy condition that could never actually be satisfied. The decision is a straightforward reminder of two core principles. First, policies must be interpreted from the standpoint of a reasonably prudent insured. Second, hyper-technical conditions cannot be used to deny coverage where compliance is never possible. Reprinted courtesy of Kevin V. Small, Hunton Andrews Kurth LLP and Adriana A. Perez, Hunton Andrews Kurth LLP Mr. Small may be contacted at ksmall@hunton.com Ms. Perez may be contacted at pereza@hunton.com Read the full story...

    Modular Construction’s Hidden Risk: Where Things Go Wrong Between the Factory and the Field

    June 15, 2026 —
    Introduction As modular and prefabricated construction methods are increasingly adopted, so too are the potential challenges that come with them. The appeal is straightforward: faster timelines, controlled fabrication environments, and reduced on-site labor demands. But the risks that accompany these benefits are often less clear—and, in many cases, poorly defined. For example, what happens when a prefabricated component is delayed past its installation window? Who is responsible for a defect discovered inside a sealed, installed module? What happens to warranty obligations when a prefabricated component must be modified on site? Read the full story...
    Reprinted courtesy of Jack Mayo, Jones Walker LLP
    Mr. Mayo may be contacted at jmayo@joneswalker.com

    Jurisdiction Over Foreign Manufacturers in Construction Litigation

    May 14, 2026 —
    A recent decision from the Washington Court of Appeals provides important guidance on personal jurisdiction over foreign product manufacturers in construction and infrastructure litigation. In King County v. Aquatherm GmbH, No. 85572-7-I (Wash.Ct. App.Div.I)(unpublished), the court addressed whether a German manufacturer could be sued in Washington for alleged defects in piping used in major public infrastructure projects. The ruling offers a detailed, fact-driven roadmap for how Washington courts evaluate jurisdiction over foreign manufacturers operating through layered distribution networks. It also reflects a broader trend toward focusing on real-world commercial conduct rather than formal corporate structure. Background of the Case King County sued after widespread failures in polypropylene piping installed at the King County Correctional Facility. The pipe, manufactured by Aquatherm GmbH in Germany, was marketed, distributed, and installed through a network of U.S.-based entities. Following a six-week trial, the jury returned a verdict exceeding $18 million on claims under the Washington Product Liability Act and Consumer Protection Act. Aquatherm challenged, among other things, the trial court's exercise of personal jurisdiction. Reprinted courtesy of Timothy J. Repass, Wood Smith Henning Berman and Miki J. Saito, Wood Smith Henning Berman Mr. Repass may be contacted at trepass@wshblaw.com Ms. Saito may be contacted at msaito@wshblaw.com Read the full story...

    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.

    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

    Prefatory Contract Language Cannot Be Used to Create an Ambiguity with Operative Provisions

    May 12, 2026 —
    Contract drafting and interpretation matters. A case dealt with the potential conflict with prefatory language in an agreement compared with operative provisions in the agreement. The trial court held that the operative provisions control. I discussed this case here where the appellate court reversed based on the prefatory language. But, through a motion for rehearing, the appellate court reconsidered its position and affirmed the trial court based on the operative provisions, mainly that the prefatory language cannot be used to create an ambiguity with operative provisions. Consider this explanation in affirming the trial court:
    Because the trial court correctly found that the initial language in the contract was prefatory and could not be used to create an ambiguity in the remainder of the contract, we affirm the final judgment.
    Read the full story...
    Reprinted courtesy of David Adelstein, Kirwin Norris
    Mr. Adelstein may be contacted at dma@kirwinnorris.com

    Your AEC Firm Has a Memory Problem. Here Is How to Fix It

    June 01, 2026 —
    AEC companies trying to operationalize AI often find they lack the data foundation on which to build. There may be an abundance of data hidden in documents, but you can’t reliably use it for AI. The lack of data quality was a key topic discussed at the AI in AEC 2026 conference. During the event, I met many experts working to solve this problem, including Pavlina Nikolova, Egnyte‘s EMEA AEC Practice Lead. The chat and her presentation highlighted the challenges and ways to overcome them. Read the full story...
    Reprinted courtesy of Aarni Heiskanen, AEC Business
    Mr. Heiskanen may be contacted at aec-business@aepartners.fi