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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
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    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

    Update: Supreme Court Issues Opinion in West Virginia v. EPA

    Rescission of Policy for Misrepresentation in Application Reversed

    Traub Lieberman Partner Lisa M. Rolle Obtains Summary Judgment in Favor of Defendant

    Washington State Updates the Contractor Registration Statute

    Thank You for 17 Years of Legal Elite in Construction Law

    Texas Supreme Court: Breach of Contract Not Required to Prevail on Statutory Bad Faith Claim

    Reconstructing the Francis Scott Key Bridge Utilizing the Progressive Design-Build Method

    What to Do Before OSHA Comes Knocking

    Infrared Photography Illuminates Construction Defects and Patent Trolling

    Athens, Ohio, Sues to Recover Nearly $722,000 After Cyber Attack

    Allegations of Actual Property Damage Necessary to Invoke Duty to Defend

    Traub Lieberman Partner Kathryn Keller and Associate Steven Hollis Secure Final Summary Judgment in Favor of Homeowner’s Insurance Company

    Wilke Fleury Attorney Featured in 2022 Best Lawyers in America and Best Lawyers: Ones To Watch!

    Arizona Rooftop Safety: Is it Adequate or Substandard?

    Illinois Court Addresses Rip-And-Tear Coverage And Existence Of An “Occurrence” In Defective Product Suit

    Houston Office Secures Favorable Verdict in Trespass and Nuisance Case Involving Subcontractor’s Accidental Installation of Storm Sewer Pipe on Plaintiff’s Property

    The GKN Aerospace Chemical Release and the Laws Designed to Address It

    Lease-Leaseback Fight Continues

    ACEC Supports BUILD America 250 Act as Important First Step on Surface Reauthorization

    Defect Claims Called “Witch Hunt”

    Virginia Civil Engineers Give the State's Infrastructure a "C" Grade

    Look to West Africa for the Future of Green Architecture

    Louisiana Legislature Enacts Act 932 – Significant Changes to Insurer Bad-Faith Exposure for Failure to Settle

    #10 CDJ Topic: Carithers v. Mid-Continent Casualty Company

    Seven Coats Rose Attorneys Named to Texas Rising Stars List

    Fungi, Wet Rot, Dry Rot and "Virus": One of These Things is Not Like the Other

    NLRB Finalizes Rule for Construction Industry Unions to Obtain Majority Support Representational Status

    Fannie-Freddie Propose Liquidity Rules for Mortgage Insurers

    Common Law Indemnity Claim Affirmed on Justifiable Beliefs

    Manhattan Homebuyers Pay Up as Sales Top Listing Price

    Partner Yvette Davis Elected to ALFA International’s Board of Directors

    Real Estate & Construction News Roundup (7/10/24) – Strong Construction Investment in Data Centers, Increase Use of Proptech in Hospitality and Effects of Remote-Work on Housing Market

    What Is a Construction Defect in California?

    A Permitting Base Checklist for Data Centers and Power Plants

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

    Orange County Team Obtains Unanimous Defense Verdict in Case Involving Failed Real Estate Transaction

    Construction Defect Bill Introduced in California

    No Exception for Willful and Wanton Conduct: Colorado Supreme Court Clarifies the Economic Loss Rule

    No Choice between Homeowner Protection and Bankrupt Developers?

    It’s a COVID-19 Pandemic; It’s Everywhere – New Cal. Bill to Make Insurers Prove Otherwise

    Additional Insured Not Entitled to Coverage for Post-Completion Defects

    Thank You for Year 19 of Legal Elite

    Failure to Comply with Contract Leaves No Additional Insured Coverage

    Quick Note: Eichleay Damages (Unabsorbed Home Office Overhead)

    Recent Developments in Legislative Efforts To Combat Climate Change

    Summary Findings of the Fourth National Climate Assessment

    Insurance Policy Provides No Coverage For Slab Collapse in Vision One

    Change #7- Contractor’s Means & Methods (law note)

    It’s All a Matter of [Statutory] Construction: Supreme Court Narrowly Interprets the Good Faith Dispute Exception to Prompt Payment Requirements in United Riggers & Erectors, Inc. v. Coast Iron & Steel Co.

    To Catch a Thief
    Corporate Profile

    ANAHEIM CALIFORNIA CONSTRUCTION EXPERT WITNESS
    DIRECTORY AND CAPABILITIES

    Leveraging from approximately five thousand general contracting and design related expert designations, the Anaheim, California Construction Expert Directory delivers a wide range of trial support and consulting services to attorneys and construction practice groups concerned with construction defect, scheduling, and delay matters. BHA provides construction related litigation support and expert witness services to the nation's most recognized construction practice groups, public builders, risk managers, owners, state and local government agencies. Employing in house assets 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 civil engineer expert witnessAnaheim California contractor expert witnessAnaheim California expert witness concrete failureAnaheim California construction safety expertAnaheim California delay claim expert witnessAnaheim California expert witness commercial buildingsAnaheim California forensic architect
    Construction Expert Witness News & Info
    Anaheim, California

    What Massachusetts Contractors and Developers Can Learn from Cannistraro v. Columbia Construction

    July 13, 2026 —
    Introduction On June 26, 2026 the Massachusetts Supreme Judicial Court issued its decision in J.C. Cannistraro, LLC v. Columbia Construction Co.—a holding that sits at the intersection of Prompt Pay Act compliance and the Massachusetts Arbitration Act.[1] Most already know that the Massachusetts Prompt Pay Act (PPA) imposes strict timing and certification requirements for rejecting payment applications and proposed change orders on projects valued at $3 million or more. Most notably, the PPA requires the paying party to give the payee written notice of its approval or rejection of progress applications and proposed changes within 15 days of receipt, which notice must include a “factual and contractual basis for the rejection” and must be “certified as made in good faith.”[2] In the absence of a timely certified notice, payment is “deemed to be approved” unless the payor properly rejects payment before it comes due.[3] Reprinted courtesy of Anthony LaPlaca, Seyfarth Shaw LLP and Luke Marston, Seyfarth Shaw LLP Mr. LaPlaca may be contacted at alaplaca@seyfarth.com Mr. Marston may be contacted at lmarston@seyfarth.com Read the full story...

    Federal Court Highlights the Strategic Value of Additional Insured Coverage

    June 22, 2026 —
    A recent decision from the District of Maryland underscores a recurring—but often underutilized—opportunity for policyholders: securing and enforcing additional insured coverage under another party’s liability policy. In Charter Oak Fire Insurance Co. v. Builders Premier Insurance Co., the court held that an equipment lessor qualified as an additional insured under the lessee’s policy and was entitled to a primary defense. The decision is a useful reminder that additional insured coverage can fundamentally shift defense obligations and materially reduce a policyholder’s exposure. We build on the decision to highlight the practical steps policyholders should take to ensure that all potentially available insurance is identified and pursued. Read the full story...
    Reprinted courtesy of Michael S. Levine, Hunton Andrews Kurth LLP
    Mr. Levine may be contacted at mlevine@hunton.com

    Traub Lieberman Attorneys Recognized as 2026 Illinois Super Lawyers® and Rising Stars

    February 02, 2026 —
    Traub Lieberman is pleased to announce that two Partners from the Chicago, IL office have been selected to the 2026 Illinois Super Lawyers list. In addition, two Associates have been named to the 2026 Super Lawyers Rising Stars list. 2026 Illinois Super Lawyers
    • Brian Bassett – Insurance Coverage
    • Dana Rice – Insurance Coverage
    2026 Super Lawyers Rising Stars
    • Timothy Crane – Insurance Coverage
    • Anthony Morelli – Civil Litigation
    Read the full story...
    Reprinted courtesy of Traub Lieberman

    Travelers Injury Impact Report Highlights Longer Recovery Times Amid Declining Injury Rates

    May 05, 2026 —
    HARTFORD, Conn.--(BUSINESS WIRE)--The Travelers Companies, Inc. (NYSE: TRV) today released its 2026 Injury Impact Report, an analysis of more than 1.2 million workers compensation claims received by the company from 2021 through 2025. The report finds that even as workplace injury rates decline, the injuries that do occur are growing more complex and taking longer to heal – a trend driven by an aging workforce and the disproportionate vulnerability of first-year employees. “The decrease in workplace injuries is a positive story, yet injured workers are still missing an average of 80 workdays,” said Claude Howard, Vice President of Workers Compensation Claim at Travelers. “This report is a reminder that progress doesn’t mean the risk environment requires any less attention, and an employer’s commitment to safety must keep pace with an ever-evolving workforce and injury landscape.” Read the full story...
    Reprinted courtesy of The Travelers Companies, Inc.

    Court Rules Cook County Misspent $243M in Transportation Funds

    March 10, 2026 —
    A Cook County Illinois Circuit Court judge has ruled that the county violated the state constitution by using $243 million in transportation tax revenue during fiscal 2023 for non-transportation purposes, handing a legal win to a statewide coalition of construction trade groups. Read the full story...
    Reprinted courtesy of Annemarie Mannion, Engineering News-Record
    Ms. Mannion may be contacted at manniona@enr.com

    Sometimes a General Damages Assessment is Enough. . .

    July 06, 2026 —
    It has been a while since I last posted here at Construction Law Musings. Life, law practice, and “blogger’s block” have taken their toll on the posting schedule. Hopefully this will be one of several upcoming posts now that the litigation schedule has lightened a bit over the summer. Today’s post is about damages. Specifically damage to a homeowner’s roof and her legal damages therefor. That last is of course a sentence that only a construction attorney (or other litigator) could possibly craft and have it make sense. Now, on with the case. . .In Hardesty Construction, Inc. v. Weedon, the facts are as follows: Ms. Weedon had hail damage to the roof of her home. She hired Hardesty Construction to repair and replace the roof. After the first roof was installed and failed inspection, a second roof was installed. The issue was that the first roof had a warranty and the second roof, installed similarly to the first (and allegedly with the same construction issues according to Ms. Weedon’s expert), was not provided with the promised warranty. As one may expect, Weedon sued Hardesty and Hardesty Construction for fraudulent inducement and breach of contract. At trial, Weedon testified, without objection, that her home was worth $40,000 less because of Hardesty Construction’s work, which was based partially on quotes Weedon received to fix the roof. The Circuit Court granted Hardesty Construction’s motion to strike Weedon’s fraudulent inducement claim, but not her other claims. A jury awarded Weedon $30,253.30 on her breach of contract claim. Hardesty Construction appealed, arguing the Circuit Court erred in (a) allowing the jury to consider Weedon’s valuation testimony because it was not based on her personal knowledge and (b) denying its motion to strike based on insufficient evidence as to damages. Weedon assigned cross-error in the Circuit Court’s decision to grant the motion to strike her fraudulent inducement claim against Samual Hardesty. Read the full story...
    Reprinted courtesy of The Law Office of Christopher G. Hill
    Mr. Hill may be contacted at chrisghill@constructionlawva.com

    Four Families Now Live in the Season Six Rock the Block Homes in Grantsville, Utah

    April 20, 2026 —
    SALT LAKE CITY, April 20, 2026 /PRNewswire/ -- The premier of Rock the Block season seven aired last Monday and is set in Las Vegas, Nevada. Rock The Block is HGTV's highest rated show. Last year, season six was set in Utah and had HGTV's highest rating yet, with over 14 million viewers. All episodes of season six were filmed in the Worthington Ranch community in Grantsville, Utah. The four homes on the show were built by Utah builder Hamlet Homes. During the show, the location of the four Rock The Block homes had to be kept secret and were surrounded by a locked gate. After over a year of being inaccessible, the Utah public was invited in May 2025 to tour the homes and help raise money together for charity. On May 30-31, 2025, Hamlet hosted a 'Rock The Block Party' where the public was able to walk through the homes made famous by the show. Hamlet Owner, VP of Marketing & Design Tami Ostmark shares stories from the show and her perspective of what it's like to be the builder on a national show like this. Ostmark was on set almost the entire time. "As expected, there were times when there was tension on the set. All four designers were super competitive with each other. It's amazing that the production team was able to produce the show as well as they did. I'm very impressed," said Ostmark. Another interesting point related to the show is how much work the local builder is responsible for. Some nights as many as 30 Hamlet team members worked through the night to keep up with the pace of production. "Each designer provided their own trusted carpenters to do finishing work. In two of the cases, designers' flew their favorite carpenters in to carry out their visions. Given the quick turnaround, it's not always practical for finishing work to be permanent. Sometimes, it just needs to look appealing on camera," said Ostmark. This is frequently referred to as 'TV Magic'. "When the show was over, Hamlet re-did any areas that required extra attention". The show really does shoot in only 7 weeks as depicted. This creates a fast pace that was very exciting to be a part of", continued Ostmark. All four of the homes featured on the show have since been purchased; four Utah families currently call them home. ABOUT HAMLET HOMES Hamlet Homes (www.hamlethomes.com) crafts quality customer-oriented townhomes and single-family homes located in attractively designed communities in Utah and Idaho. Since the company's founding in 1995, Hamlet has built over 5,000 homes in 80 communities. The company is a proud recipient of many awards on Sustainable Business & Design, Quality Builder Awards; recognized both locally and nationally. Named by the Salt Lake Chamber of Commerce as the 'Veteran Owned Small Business of the Year, in 2019'. Hamlet has since been named several times to the Professional Builder's Housing Giants List and annual HOME AWARDS Best Customer Experience. Most recently in 2026, Hamlet was named Utah's 'Best of State for Real Estate Development and Utah Businesses 'Best Companies to Work For' for the 6th consecutive year.

    Insurer Granted Summary Judgment on Claim for Roof Damage Caused by Windstorm

    May 26, 2026 —
    The insurer successfully moved for summary judgment, eliminating the insured’s claim for roof damage due to windstorm. Mulas v. Westchester Surplus Lines Ins. Co., 2026 U.S. Dist. LEXIS 20537 (Jan. 30, 2026). The insureds’ commercial property sustained windstorm damage during Hurricane Ian. Westchester denied the claim. The insureds believed Westchester wrongfully denied coverage for roof damage and various interior damage to property. The insureds also argued that Westchester’s actual cash value (ACV) payment did not reflect the fully insured loss. The insureds sued and Westchester moved for summary judgment. Westchester argued the roof damage was not covered because Hurricane Ian did not cause the damage. Westchester hired an engineer who determined the roof damage was not caused by wind from Hurricane Ian. Westchester pointed out that the insureds’ expert also found no wind damage on the roof. The insureds offered no other evidence suggesting the hurricane caused roof damage. Therefore, the insureds could not show that Westchester breached the policy by denying coverage. Read the full story...
    Reprinted courtesy of Tred R. Eyerly, Damon Key Leong Kupchak Hastert
    Mr. Eyerly may be contacted at te@hawaiilawyer.com