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

    Embracing Generative Risk Mitigation in Construction

    Echoes of Shutdown in Delay of Key Building Metric

    UK's Biggest Construction Show Bans 'Promo Girls'

    Florida Project Could Help Address Runoff, Algae Blooms

    Be Careful When Requiring Fitness for Duty Examinations

    Statutory Bad Faith and an Insured’s 60 Day Notice to Cure

    Rebuilding After the 2025 Southern California Fires

    Recent Bribery and Anti-Corruption Enforcement Trends in Global Construction Industry

    Dust Infiltration Due to Construction Defect Excluded from Policy

    Congratulations 2020 DE, MA, NY and PA Super Lawyers and Rising Stars

    Climate Superfund Litigation: Courts Split on Venue and Intervention in New York and Vermont Cases

    U.S. Construction Value Flat at End of Summer

    On the Ten Year Anniversary of the JOBS Act A Look-Back at the Development of Crowdfunding

    Florida Court of Appeals Holds Underlying Tort Case Must Resolve Before Third-Party Spoliation Action Can Be Litigated

    Virginia Decision Emphasizes Importance of Naming All Necessary Parties

    Homeowner Loses Suit against Architect and Contractor of Resold Home

    California Supreme Court Upholds Insurance Commissioner’s Authority to Regulate Replacement Cost Estimates

    A Court-Side Seat: Butterflies, Salt Marshes and Methane All Around

    Design Firm Settles over Construction Defect Claim

    KF-103 v. American Family Mutual Insurance: An Exception to the Four Corners Rule

    MSJ Granted Equates to a Huge Victory for BWB&O & City of Murrieta Fire Department!

    U.S. Supreme Court Decision Alters Course of $745M Louisiana Coastal Damage Judgment

    St Louis County Approves Settlement in Wrongful Death Suit

    Hurricane Damage Not Covered for Home Owner Not Named in Policy

    Hurdles with Triggering a Subcontractor Performance Bond

    White and Williams LLP Attorneys Recognized as PA and DE Super Lawyers

    Application of Frye Test to Determine Admissibility of Expert

    Why Financial Advisers Still Hate Reverse Mortgages

    Trial Court's Award of Contractual Fees to Public Adjuster Overturned

    New Law Impacting Florida’s Statute of Repose

    Apartment Construction Increasing in Colorado while Condo Construction Remains Slow

    Open & Known Hazards Under the Kinsman Exception to Privette

    The Association of Southern California Defense Counsel (ASCDC) and the Construction Defect Claims Managers Association (CDMA) Annual Construction Defect Seminar

    Suit Against Broker for Securing Inadequate Coverage Dismissed on Statute of Limitations Grounds

    Negligence Per Se Claim Based Upon Failure to Pay Benefits Fails

    Corps Issues Draft EIS for Controversial Alaskan Copper Mine

    Picketing Threats

    Promptly Notifying Your Insurer of a Claim Matters

    Demand for New Homes Good News for Home Builders

    Could This Gel Help Tame the California Fires?

    The Miller Act Explained

    Making the Construction Dispute Resolution Process More Efficient and Less Expensive, Part 2

    Four HHMR Attorneys Recognized in the 2027 Editions of Best Lawyers®

    Florida Recognizes Two Types of Subrogation: (1) Conventional Subrogation; and (2) Equitable Subrogation

    US Attorney Alleges ADA Violations in Chicago Cubs Stadium Renovation

    Texas Supreme Court Holds Stipulated Extrinsic Evidence May Be Considered in Determining Duty to Defend

    Substitute Materials — What Are Your Duties? What Are Your Risks? (Law Note)

    Nevada Senate Bill 435 is Now in Effect

    Texas Adopts New Procedural Rules for Summary Judgment Motions: What You Need To Know

    AI-Powered Construction Optioneering Today
    Corporate Profile

    ANAHEIM CALIFORNIA CONSTRUCTION EXPERT WITNESS
    DIRECTORY AND CAPABILITIES

    Drawing from more than 4500 construction defect and claims related expert witness designations, the Anaheim, California Construction Expert Directory provides a wide range of trial support and construction consulting services to legal professionals and construction practice groups seeking effective resolution of construction defect and claims litigation. BHA provides construction claims evaluation and expert support services to the building industry's most recognized companies, Fortune 500 builders, CGL carriers, risk managers, and a variety of municipalities. In connection with regional assets which comprise licensed general and specialty contractors, consulting civil engineers, NCARB certified architects, roofing, and building envelope experts, the construction experts group brings specialized experience and local capabilities to Anaheim and the surrounding areas.

    Anaheim California expert witnesses fenestrationAnaheim California construction expertsAnaheim California construction scheduling and change order evaluation expert witnessAnaheim California hospital construction expert witnessAnaheim California ada design expert witnessAnaheim California structural engineering expert witnessesAnaheim California expert witness structural engineer
    Construction Expert Witness News & Info
    Anaheim, California

    My Current Love-Hate Relationship with AI

    June 08, 2026 —
    It’s early in the relationship, I know. But still, there are some things that bug me. Yet, I also know that it’s a relationship in which leaving is not an option, and even if I could, it’s not to the point where it’s so bad that I would do so. So, if you would, let me gripe a bit. While there’s been much discussion about AI and, at least in my neck of the woods, a fair amount of discussion about how lawyers can, should, and must use AI or risk becoming discarded into the dustbin of history, much less has been written about clients’ use of AI. Increasingly, I’ve gotten the sense that my clients are using AI. For example, I had a client ask for confirmation that if he disagreed with an administrative decision that he could file a writ of mandate, and if so, whether that deadline was 30, 60 or 90 days after the administrative decision. The answer to the first question was yes, and as to the second question, the answer was 90 days. This was from a client who, smart as he is, probably didn’t know this off the top of his head. Read the full story...
    Reprinted courtesy of Garret D. Murai, Nomos LLP
    Mr. Murai may be contacted at gmurai@nomosllp.com

    Utah’s Emerging Framework for Responsible Data Center Development

    September 08, 2026 —
    Utah is establishing itself as one of the nation’s most attractive jurisdictions for large-scale data center development, with a structured, defensible regulatory pathway that gives developers and investors the clarity needed to deploy capital at scale. The cornerstone is Executive Order 2026-03, “Establishing a Higher Bar for Data Center Development in Utah,” signed by Governor Spencer J. Cox on May 29, 2026. The Executive Order creates an actionable compliance framework letting developers demonstrate stewardship across water, air quality, energy, wildlife, and community engagement – reducing regulatory and reputational risk. Recent enactments on energy self-supply and water rights operationalize these principles, while a few counties have adopted short-term local moratoria to update zoning; understanding how these interact with the state framework matters for site selection. Reprinted courtesy of Denise A. Dragoo, Snell & Wilmer and Josh Miller, Snell & Wilmer Ms. Dragoo may be contacted at ddragoo@swlaw.com Mr. Miller may be contacted at jmiller@swlaw.com Read the full story...

    Nationwide Preliminary Injunction Ordering Department of Defense to Resume Review of Wind Energy Projects

    September 21, 2026 —
    On August 6, 2026, the U.S. District Court for the District of Oregon granted a preliminary injunction in Renewable Northwest v. Hegseth, Case No. 3:26-cv-01092-IM, ordering the Department of Defense (DoD) to resume processing wind energy project applications under the existing statutory and regulatory framework and staying DoD’s review freeze pending final adjudication on the merits. Background In 2011, Congress created the Military Aviation and Installation Assurance Siting Clearinghouse (Clearinghouse) within DoD to review wind energy projects that might affect military operations. When a wind project developer files an application with the Federal Aviation Administration (FAA), the FAA refers it to DoD to determine whether the project poses an “unacceptable risk to the national security.” Reprinted courtesy of Victor J. Roehm III, Snell & Wilmer, Christopher P. Colyer, Snell & Wilmer and Sara M. Ajeti, Snell & Wilmer Mr. Roehm may be contacted at vroehm@swlaw.com Mr. Colyer may be contacted at ccolyer@swlaw.com Ms. Ajeti may be contacted at sajeti@swlaw.com Read the full story...

    Arbitration in Construction Disputes: Process and Best Practices

    July 27, 2026 —
    Arbitration in construction disputes is a private process where owners, contractors, subcontractors, designers or suppliers present claims to one or more neutral arbitrators instead of taking the dispute through court. The arbitrator reviews evidence, hears testimony and issues a decision that is usually binding. Construction arbitration is common because project disputes are technical, document-heavy and time-sensitive. Claims may involve schedule delays, disputed change orders, defective work, differing site conditions, payment, termination, indemnity, surety issues or professional liability. Arbitration can be faster and more specialized than litigation, but speed is not guaranteed. Poor contract language, broad discovery, weak records and unclear damages can make arbitration expensive. Reprinted courtesy of Construction Executive, a publication of Associated Builders and Contractors. All rights reserved. Read the full story...

    The Grenfell & Champlain Towers: Risk Management Considerations in the Wake of Catastrophic Loss — A UK/US Comparison

    June 02, 2026 —
    1. Introduction As part of the multinational collaborative relationship between Saxe Doernberger & Vita, P.C. and Fenchurch Law, we continually find ourselves in conversations about the sometimes subtle but sometimes drastic differences between risk management and coverage considerations from one country to the next. These differences are often highlighted by the fallout from large catastrophic losses that are widely publicized and illuminate sometimes widespread risks and perils that many others may be facing in the coming years. The response of governments and their subdivisions to the needs of victims and/or commercial parties, and insurance markets’ evaluation of and reactions to catastrophic losses vary widely from country to country and jurisdiction. In this article, we discuss these responses and reactions in the cases of the Grenfell Tower Fire in London, England, and the Champlain Tower collapse in Surfside, Florida, within the United States. These two widely publicized losses involved different risk management and insurance considerations based on where they occurred. They also saw substantially different government responses and raised varied questions about what the next steps are for their respective commercial and insurance markets. Read the full story...
    Reprinted courtesy of Eric M. Clarkson, Saxe Doernberger & Vita, P.C.
    Mr. Clarkson may be contacted at EClarkson@sdvlaw.com

    Managing Rising Costs and Shifting Legal Risk for Florida High-Rise and Condominium Projects

    May 05, 2026 —
    Florida's construction defect landscape is experiencing a major shift. The convergence of material and labor cost volatility, regulatory tightening, and increasingly complex litigation strategies is forcing associations, developers, and their counsel to rethink how they approach risk management and dispute resolution. For those managing large-scale condo and high-rise projects, the stakes have never been higher. The Cost Volatility Trap Construction material prices rose at a "staggering" 12.6% annualized rate during the first two months of 2026, according to recent industry analysis. Tariff impacts are projected to lead to more increases of 5.4% to 6.8%, depending on property type. For associations facing construction defect claims, this volatility creates a cascading problem: repair scopes defined two years ago are now dramatically underpriced, and damage calculations that appeared reasonable at discovery are obsolete by the time of settlement. Courts and mediators are increasingly scrutinizing how cost estimates were developed and whether they account for existing market circumstances. Associations must now commission updated repair assessments more frequently, a practice that increases investigation costs but strengthens the credibility of damage claims. Conversely, defendants are weaponizing cost inflation as a defense, arguing that claimed damages are speculative or inflated. The practical result: repair sequencing and phasing strategies have become critical litigation tools. Associations that can demonstrate a rational, cost-effective repair plan tied to current market data are more favorably placed in settlement negotiations. Regulatory Pressure and Deliberate Timing Florida's 2026 condo compliance regime has significantly changed the defect claims landscape. Elevated transparency requirements, stricter reserve funding mandates, and tightened building safety inspection protocols mean that associations now face dual pressures: Comply with new regulations while simultaneously handling construction defect exposure. This regulatory environment is changing investigation and documentation strategy. Associations that delay defect investigation to avoid triggering reserve funding obligations or disclosure requirements are taking on considerable legal risk. Recent case law such as the Third District Court of Appeal's reaffirmation of Chapter 558's pre-suit mediation requirements, underscores Florida's intent to resolve disputes early. Associations that move deliberately and record carefully during the pre-suit phase gain leverage in mediation and reduce the risk of expensive litigation. Timing also intersects with repair sequencing. Associations must now balance the urgency of compliance inspections against the strategic advantage of phased repairs. Some associations are using compliance deadlines as a forcing mechanism to accelerate settlement discussions, while others are sequencing repairs to demonstrate good-faith remediation efforts before litigation commences. The Emerging Risk Transfer Challenge As construction defect claims grow more complex and costly, the traditional risk transfer systems, such as design-build warranties, contractor bonds, and insurance, are proving inadequate. Developers and general contractors are increasingly shifting risk to subcontractors and material suppliers, fragmenting liability and complicating recovery efforts for associations. Permitting and approval friction is also creating new litigation pressure points. Delays in municipal approvals, changes to building code interpretations, and disputes over remedial work compliance continue to spawn collateral claims that go beyond the original defect. Associations must now anticipate not only defect liability but also regulatory compliance disputes with municipalities, creating a dual-front legal challenge. For large communities, this means reconsidering the entire risk architecture. Insurance carriers are tightening coverage, and traditional indemnification chains are breaking down. Forward-thinking associations are engaging counsel earlier in the development process to negotiate clearer risk allocation provisions and more robust insurance requirements. Taking a Data-Driven Approach Managing rising costs and shifting legal risk in Florida's high-rise and condo market requires a more sophisticated, data-driven approach. Associations must commission frequent cost updates, move deliberately through pre-suit investigation and mediation, and challenge traditional assumptions about risk transfer. Developers and their counsel should view regulatory compliance not as a burden but as an opportunity to demonstrate good-faith risk management and strengthen settlement positioning. The firms and associations that succeed in 2026 will be those that treat cost volatility, regulatory change, and litigation strategy not as separate challenges but as linked elements of a coherent risk management framework. Stephen Hauptman is special counsel in Ball Janik LLP’s Fort Lauderdale office. He may be reached at shauptman@balljanik.com.

    What Prevents Innovation in Construction from Taking Off

    September 15, 2026 —
    In construction, we have the knowledge, technology, and innovative people to radically improve our performance, yet we’re still stuck in old ways. Why is that? I attended an annual gathering for real estate and construction professionals at Rakennustieto Oy, Finland’s leading building information provider. The day before, a half-day seminar was held at the same venue. During both events, we discussed the need for change in the construction sector. Everyone agreed that we need to radically improve how we produce and share information. Read the full story...
    Reprinted courtesy of Aarni Heiskanen, AEC Business

    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