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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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    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



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    ANAHEIM CALIFORNIA CONSTRUCTION EXPERT WITNESS
    DIRECTORY AND CAPABILITIES

    Leveraging from approximately 5000 construction, architectural, and engineering related expert designations, the Anaheim, California Construction Expert Directory provides a wide range of trial support and construction consulting services to attorneys and construction practice groups seeking effective resolution of construction defect and claims matters. BHA provides construction claims investigation and expert 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 credentialed construction consultants, NCARB certified architects, forensic engineers, building envelope and design experts, the firm brings regional experience and flexible capabilities to the Anaheim construction industry.

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    Construction Expert Witness News & Info
    Anaheim, California

    Credibility Matters…Even in Delay Claims

    September 29, 2026 —
    Credibility matters. Here’s another example involving a delay claim on public private partnership delivery method. The project agreement required claims to be tried by a hearing examiner. The public private partnership developer (for lack of a better term) submitted delay claims that it contended were caused by Miami-Dade County. The hearing examiner awarded the developer delay time and compensation. On appeal, the County argued that the delays awarded by the hearing examiner were concurrent critical path delays with other delays caused by the developer’s team (the developer’s contractor). This was demonstrated by the fact that in an attempt to mitigate the County delay, the contractor’s incorporated a schedule fragnet into its schedule to mitigate delay that showed the critical path was driven by events deemed caused by the contractor. This was also reported in the contractor’s monthly updates. The developer argued that its mitigation plan did not work and, thus, the schedules showed a hypothetical delay caused by the contractor when, in actuality, it was the County-caused delay that drove the critical path. The hearing officer agreed with the contractor. Read the full story...
    Reprinted courtesy of David Adelstein, Kirwin Norris
    Mr. Adelstein may be contacted at dma@kirwinnorris.com

    Best Lawyers Recognizes 33 White and Williams LLP Lawyers

    August 24, 2026 —
    White and Williams LLP is pleased to congratulate our attorneys recognized among the 2027 Best Lawyers in America® rankings. Best Lawyers® has recognized Michael W. Horner, Chair of the Healthcare Group and Managing Partner of the Cherry Hill, NJ Office, as a 2027 "Lawyer of the Year” in the area of Litigation - Insurance for Cherry Hill. Michael Horner’s has extensive experience litigating, mediating and arbitrating complex catastrophic cases throughout multiple jurisdictions in the Northeast, with litigation and counseling experience that spans several decades in the areas of healthcare, catastrophic loss and employment matters in multiple state and federal jurisdictions. Read the full story...
    Reprinted courtesy of White and Williams LLP

    The Most Expensive Signature to Not Get: Why Change Orders Matter

    August 16, 2026 —
    George Bernard Shaw has a quote we use a lot in my family: “The single biggest problem in communication is the illusion that it has taken place.” This is pertinent to contractors and homeowners alike because the cost of failing to get proper signatures on documents like construction contracts, and particularly, change orders, is heavy. Both contractors and homeowners are in the same boat as far as wanting to complete a job as swiftly as possible: contractors go on to their next job and homeowners can return to peace in their home. This is prime territory for either party to suggest the work be completed today and the contract or change order executed tomorrow, or even later. However, without a contract, there is no memorialization of the communication between the parties, which can lead to confusion and missed expectations on both sides. Construction plans are rarely as neat and tidy as they originally seem to be. A contractor may uncover unforeseen conditions, an owner may request additional work or changes that require additional work, or weather interferes with project schedules or the work itself. Unfortunately, the signature that never gets collected can become one of the most expensive omissions on a project – for both sides. Read the full story...
    Reprinted courtesy of Kathryne E. Baldwin, Wilke Fleury
    Ms. Baldwin may be contacted at kbaldwin@wilkefleury.com

    Real Estate & Construction News Roundup (7/15/26) – The World Cup’s Effect on Commercial Real Estate, Megadeals Lift CRE Sales and Algorithmic Pricing Lawsuits Continue

    July 27, 2026 —
    In our latest roundup, DOT earmarks $1.73B in BUILD grants, federal housing bill becomes law, data center surge cools off, and more!
    • Data center planning cooled off month over month from “extraordinary levels” to start the summer, while other areas of construction finally picked up a little steam. (Sebastian Obando, Construction Dive)
    • The U.S. Department of Transportation announced $1.73 billion in 2026 BUILD grants covering 127 projects across 50 states, Washington, D.C., American Samoa, Guam and Puerto Rico. (Joe Bousquin, Construction Dive)
    • As algorithmic pricing lawsuits continue to play out around the country, more apartment owners and managers have settled. (Julie Strupp, Multifamily Dive)
    Read the full story...
    Reprinted courtesy of Pillsbury's Construction & Real Estate Law Team

    Voluntary Dismissal of an Indemnity Claim Does Not Make the Subcontractor a “Prevailing Party,” Washington Court of Appeals Holds

    September 21, 2026 —
    In King County v. Walsh Construction Company II, LLC, No. 86503-0-I (Wash. Ct. App. Aug. 4, 2025), an unpublished decision from Division I of the Washington Court of Appeals, the Court affirmed the denial of a subcontractor’s request for prevailing-party attorney fees under an indemnity clause after the general contractor voluntarily dismissed its indemnity claims. Because the indemnity claim was no longer live and no determination of fault had occurred, the Court held that the trial court did not err in denying the request. ACS represented Walsh, the general contractor, in securing the denial of the fee request at the trial court that the Court of Appeals affirmed. A Pass-Through Indemnity Claim That Ended Before Fault Was Decided The dispute arose out of a public works contract under which King County hired Walsh Construction Company II, LLC (“Walsh”) to construct and install a conveyance pipeline. After the pipeline broke, King County sued Walsh for breach of contract and warranty, expressly identifying both Walsh and its subcontractor, Mears Group Inc., (“Mears”) as responsible. Walsh tendered defense and indemnity to Mears under the subcontract. Read the full story...
    Reprinted courtesy of Margarita Kutsin, Ahlers Cressman & Sleight PLLC
    Ms. Kutsin may be contacted at margarita.kutsin@acslawyers.com

    Lost in Translation: AEC Tech’s Missing Role

    May 12, 2026 —
    I once visited a construction site where the contractor’s headquarters had commissioned a tech company to build an on-site quality-inspection application. The developer had admitted to the site engineer that they had never set foot on a construction site before. The engineer showed me what he was actually using: his own phone camera and an Excel sheet. The new app did not map to how work actually happened on site. This is not an isolated story. The vendor builds something technically coherent but operationally disconnected. The client, somewhere up the chain, had fallen in love with the idea of the solution before anyone had built an honest business case for it. The result is a tool that gets demonstrated at a board meeting but isn’t used in the field. Read the full story...
    Reprinted courtesy of Aarni Heiskanen, AEC Business
    Mr. Heiskanen may be contacted at aec-business@aepartners.fi

    Federal Bid Protest Standard of Review and Disparate Treatment with Ratings

    August 16, 2026 —
    A recent decision out of the Federal Claims Court explains the post-award bid protest standard of review. In Massman Construction Co. v. U.S., 2026 WL 1971985 (Fed.Cl. 2026), a protestor brought a post-award bid protest after the Army Corps of Engineers awarded the contract to another contractor. The protestor argued that the Army Corps (government) acted irrational in its evaluation through disparate treatment. The Court of Federal Claims agreed and remanded for the Army Corps to “either justify this disparity or explain why [awardee’s] lower-priced, but technically inferior proposal provides the best value to the government.” Massman Construction, supra at *1. Brad Pitt’s Foundation Sues New Orleans Architect for Construction Defects

    Raw Sewage Spill Fouls Waters Between San Diego and Tijuana, Mexico

    Roof's "Cosmetic" Damage From Hail Storm Covered

    Message from the Chair: Kelsey Funes (Volume I)

    Giving Insurance Carrier Prompt Notice of Claim to Avoid “Untimely Notice” Defense

    Colorado Court of Appeals’ Ruling Highlights Dangers of Excessive Public Works Claims

    Jurisdictional Conflict Over “Related Claims”: Montana Federal Court Latest to Weigh in on When Claims Are Related

    Lewis Brisbois Moves to Top 15 in Law360 2022 Diversity Snapshot

    The Investors Profiting Off Water Scarcity

    New Plan Submitted for Explosive Demolition of Old Tappan Zee Bridge

    Bailout for an Improperly Drafted Indemnification Provision

    And the Winner Is . . . The Right to Repair Act!

    Construction Delays for China’s Bahamas Resort Project

    Poor Pleading Leads to Loss of Claim for Trespass Due to Relation-Back Doctrine, Statute of Limitations

    Jason Feld Awarded Volunteer of the Year by Claims & Litigation Management Alliance

    “He Chose…Poorly: How Bad DSC Clauses Lead to Project Doom in the Last Crusade of Construction Risk”

    DEP Plan to Deal with Noxious Landfill Fumes Met with Criticism

    BHA at The Basic Course in Texas Construction Law

    Do We Need Blockchain in Construction?

    North Carolina Supreme Court Addresses “Trigger of Coverage,” Allocation and Exhaustion-Related Issues Arising Out of Benzene-Related Claims

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

    FEMA, Congress Eye Pre-Disaster Funding, Projects

    There's No Such Thing as a Free House

    Thank You for Seven Years of Election to Super Lawyers

    Noncompete Agreements: How to Navigate the Changing Landscape

    Construction Defect Suit Can Continue Against Plumber

    EPA Seeks Comment on Clean Water Act Section 401 Certification Rule

    Vincent Alexander Named to Florida Trend’s Legal Elite

    The EPA and the Corps of Engineers Propose Another Revised Definition of “Waters of the United States”

    GRSM Team Wins Summary Judgment in Million-Dollar HOA Dispute

    Legal Implications of 3D Printing in Construction Loom

    Aarow Equipment v. Travelers- An Update

    Hammer & Hand’s Top Ten Predictions for US High Performance Building in 2014

    Boston Construction Bands With Health Care to Fight COVID-19

    Lost in Translation: AEC Tech’s Missing Role

    Water Leak Covered for First Thirteen Days

    Women Make Slow Entry into Building Trades

    General Contractors Have Expansive Common Law and Statutory Duties To Provide a Safe Workplace

    Real Protection for Real Estate Assets: Court Ruling Reinforces Importance of D&O Insurance

    Exploring Architects’ Perspectives on AI: A Survey of Fears and Hopes

    Form Contracts are Great, but. . .

    Ohio “property damage” caused by an “occurrence.”

    Court Denies Insured's Motion to Dismiss Complaint Seeking to Compel Appraisal

    Janeen Thomas Installed as State Director of WWBA, Receives First Ever President’s Award

    From Both Sides Now: Looking at Contracts Through a Post-Pandemic Lens

    Not All Warranty E-Mails Are Notices of Claim

    No Bad Faith In Filing Interpleader

    Blog: Congress Strikes a Blow to President Obama’s “Fair Pay and Safe Workplaces” Executive Order 13673

    Haight Brown & Bonesteel Attorneys Named Super Lawyers in 2016

    New Year’s Resolution: Engineering the “Tee-Up Day” for Complex Construction Mediations

    Think Before you Execute that Release – the Language in the Release Matters!

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

    Scary Movie: Theatre Developer Axed By Court of Appeal In Prevailing Wage Determination Challenge

    Not to Miss at This Year’s Archtober Festival

    Governmental Action Exclusion Bars Claim for Damage to Insured's Building

    After Elections, Infrastructure Talk Stirs Again

    More Construction Defects for San Francisco’s Eastern Bay Bridge Expansion

    A Tort, By Any Other Name, is Just a Tort: Massachusetts Court Bars Contract Claims That Sound in Negligence

    Hunton Insurance Partner, Larry Bracken, Elected to the American College of Coverage Counsel

    The Condominium Warranty Against Structural Defects in the District of Columbia

    White and Williams Announces Lawyer Promotions, Four Attorneys Promoted to Partner and One Attorney Promoted to Counsel

    Attorney’s Fees Entitlement And Application Under Subcontract Default Provision