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

    NYC Hires Engineer LERA for Parking Garage Collapse Probe

    Fourth Circuit Extends Coverage to Contractor

    Client Alert: Absence of a Court Reporter at a Civil Motion Hearing May Preclude Appellate Review

    Free Texas MCLE Seminar at BHA Houston June 13th

    Confidence Among U.S. Homebuilders Declines to Eight-Month Low

    Dozens Missing in LA as High Winds Threaten to Spark More Fires

    House Passes Bill to Delay EPA Ozone Rule

    Penn Station’s Revival Gets a $1.6 Billion Down Payment

    NTSB Cites Design Errors in Fatal Bridge Collapse

    Avoiding Wage Claims in California Construction

    Allen, TX Board of Trustees Expected to Approve Stadium Repair Plans

    Maui Wildfire Cleanup Advances to Debris Removal Phase

    Unpunished Racist Taunts: A Pennsylvania Harassment Case With No True 'Winner'

    Risk Reset: Concerns Top of Mind for Top Construction Law Firms

    Lienor Dealing With “Show Cause” Summons by Condominium Unit Owner

    Weslaco, Texas Investigating Possible Fraudulent Contractor Invoices

    Express Warranty Trumping Spearin’s Implied Warranty

    Conditional Payment Bond Consideration-Make Sure There Is Pay-If-Paid Provision

    Bridges Crumble as Muni Rates at Least Since ’60s Ignored

    Manhattan Developer Breaks Ground on $520 Million Project

    Construction Defects in Home a Breach of Contract

    Coverage for Faulty Workmanship Denied

    Equal Access to Justice Act Fee Request Rejected in Flood Case

    $24 Million Verdict Against Material Supplier Overturned Where Plaintiff Failed To Prove Supplier’s Negligence Or Breach Of Contract Caused A SB800 Violation

    Virginia Multi-Employer Site Safety Issues–and How to Deal with Them

    Contractor May Be Barred Until Construction Lawsuit Settled

    Engineers Found ‘Hundreds’ of Cracks in California Bridge

    New York Appeals Court Rekindles the Spark

    Condo Owners Suing Bank for Failing to Disclose Defects

    Senator Ray Scott Introduced a Bill to Reduce Colorado’s Statute of Repose for Construction Defect Actions to Four Years

    Assignment of Claim not Precluded by Policy’s Anti-Assignment Clause

    Construction Picks Up Post-COVID and So Do Claims (and A Construction Lawyer Can Help)

    Connecticut Court Clarifies Construction Coverage

    Commercial Development Nearly Quadruples in Jacksonville Area

    Contractor Underpaid Workers, Pocketed the Difference

    Statute of Frauds Applies to Sale of Real Property

    Quick Note: Submitting Civil Remedy Notice

    Blackstone Said in $1.7 Billion Deal to Buy Apartments

    A Court-Side Seat: Permit Shields, Hurricane Harvey and the Decriminalization of “Incidental Taking”

    2016 Updates to CEB’s Mechanics Liens and Retail Leasing Practice Books Now Available

    California to Require Disclosure of Construction Defect Claims

    Employee Screening and Testing in the Covid-19 Era: Getting Back to Work

    Rather Than Limit Decision to "That Particular Part" of Developer's Policy Necessary to Bar Coverage, 10th Circuit Renders Questionable Decision on Exclusion j(6)

    Transplants Send Nashville Home Market Upwards

    Product Liability Alert: Evidence of Apportionment of Fault Admissible in Strict Products Liability Action

    How Finns Cut Construction Lead Times in Half

    Court Rules Cook County Misspent $243M in Transportation Funds

    Hunton Andrews Kurth’s Insurance Recovery Practice, Andrea DeField and Cary D. Steklof, Recognized as Legal Elite

    Don’t Fall in Trap of Buying the Cheapest Insurance Policy as it May be Bad for Your Business Risks and Needs

    $2B Waldorf Astoria Renovation in NYC Resumes After Jobsite Fatality
    Corporate Profile

    ANAHEIM CALIFORNIA CONSTRUCTION EXPERT WITNESS
    DIRECTORY AND CAPABILITIES

    Drawing from more than 4500 construction and design related expert witness designations, the Anaheim, California Construction Expert Directory delivers a streamlined multi-disciplinary expert retention and support solution to legal professionals and construction practice groups seeking meaningful resolution of construction defect and claims matters. BHA provides building claims and trial support services to the nation's most recognized construction practice groups, Fortune 500 builders, CGL carriers, owners, as well as a variety of public entities. Utilizing in house resources which comprise licensed architects, civil engineers, building envelope experts, general and specialty contractors focused on the evaluation of construction claims, the firm brings regional experience and flexible capabilities to the Anaheim construction industry.

    Anaheim California expert witness roofingAnaheim California expert witness structural engineerAnaheim California building expertAnaheim California construction expert witness consultantAnaheim California architectural engineering expert witnessAnaheim California consulting architect expert witnessAnaheim California construction claims expert witness
    Construction Expert Witness News & Info
    Anaheim, California

    Federal Court Strikes Down New York’s Climate Superfund Act: What It Means for the “Polluter Pays” Movement

    September 28, 2026 —
    A federal judge in the Northern District of New York has struck down New York’s Climate Change Superfund Act, ruling that the “polluter pays” climate law is preempted by federal law and “simply beyond the limits of state law.” The court concluded that the Clean Air Act (CAA) does not authorize New York’s compensation scheme, which calculates liability based on greenhouse gas (GHG) emissions attributable to worldwide fossil fuel extraction and refining. It separately held that any cost-recovery demand against a foreign producer would be preempted under the constitutional foreign affairs doctrine, which limits state intrusion into matters committed predominantly to the federal government. The court directed the parties to file a status report by September 14, leaving the form of further relief unresolved. In practical terms, the court has decided that the Act is preempted and cannot be enforced but has not yet determined the precise terms of its final order, including whether to formally enjoin its enforcement. The decision in West Virginia v. James, Case No. 1:25-cv-00168 (N.D.N.Y. Aug. 31, 2026), issued by Chief U.S. District Judge Brenda K. Sannes, who was appointed by President Obama, marks the first judicial invalidation of a state climate superfund statute and carries significant implications for the climate superfund landscape and the three remaining lawsuits challenging these laws. Reprinted courtesy of Amanda G. Halter, Pillsbury, Ashleigh K. Myers, Pillsbury and Jillian Marullo, Pillsbury Ms. Halter may be contacted at amanda.halter@pillsburylaw.com Ms. Myers may be contacted at ashleigh.myers@pillsburylaw.com Ms. Marullo may be contacted at jillian.marullo@pillsburylaw.com Read the full story...

    Integration Can Inoculate in Utah

    July 20, 2026 —
    The Utah Court of Appeals recently reaffirmed, in the construction context, Utah’s strict approach to enforcing integration clauses to preclude parol evidence and other legal theories that would vary the written terms of a contract. In Reid v. All Surface LC, 2025 UT App 134, decided last September, the court affirmed in all respects the trial court’s grant of summary judgment based on the strength of an integration clause against a homeowner who sued a contractor for breach of contract, breach of the covenant of good faith and fair dealing, fraud, negligent misrepresentation, civil conspiracy, negligence, and breach of the implied warranty of habitability. More recently, however, the same court rejected those same arguments in Tidwell v. Jensen, 2026 UT App 13 as to tort claims arising from a used car sale. The facts in Reid were sympathetic to the plaintiff. After being told she had a mold issue near a defective basement shower, the plaintiff solicited bids. A remediation contractor advised that while it could address the mold, the shower replacement should be handled by someone else. The plaintiff contacted All Surface LC, a shower replacement contractor. During an interview, the sales representative stated that All Surface could “do full mold remediation, tear everything out, and reframe the shower.” The plaintiff ultimately retained All Surface, expecting it would both resolve the mold issues and replace the shower. Read the full story...
    Reprinted courtesy of Mark O. Morris, Snell & Wilmer
    Mr. Morris may be contacted at mmorris@swlaw.com

    GRSM Secures Illinois Appellate Victory for Architectural Firm in Implied Warranty Dispute

    May 14, 2026 —
    Gordon Rees Scully Mansukhani Partner Jonathan Federman, Partner Thomas Cronin, and Senior Counsel Garrett Lee recently secured a victory in the Illinois Appellate Court, Fifth District, on behalf of the firm’s client, an architectural firm, in a liability dispute. The case arose following an entity’s purchase of a 111-unit building for use as an investment or rental property. The plaintiff made claims against the architect of the building, alleging that there were design defects that breached an implied warranty, as well as a negligence claim. GRSM argued that an architect could not be liable for implied warranties, particularly for an implied warranty which no Illinois court has ever recognized. GRSM further argued that Illinois law bars an architect from liability for negligence arising from a duty pursuant to contract under the economic loss doctrine. Read the full story...
    Reprinted courtesy of Gordon Rees Scully Mansukhani

    Federal Court Pauses New Mexico PFAS Labeling Rule, but Not Its Bans or Reporting Deadline

    October 26, 2026 —
    As we previously reported, New Mexico adopted novel product labeling requirements that would require manufacturers to display a PFAS flask symbol on covered products. Those requirements are now on hold. A coalition of industry associations led by the American Chemistry Council sued in federal court, arguing that the mandate unconstitutionally compels speech in violation of the First Amendment. On September 16, 2026, the U.S. District Court for the District of New Mexico preliminarily enjoined enforcement of the labeling rule while the case, American Chemistry Council v. Kenney, No. 1:26-cv-02130-MIS-SCY, proceeds. The court found the challengers likely to succeed because New Mexico had not shown a reasonable fit between the label and its interests in protecting consumer health and the environment. A Broad Rule Built Around One Symbol New Mexico enacted its PFAS Protection Act in April 2025, joining Maine and Minnesota as the third state to adopt broad reporting requirements and eventual sales restrictions for products containing intentionally added per- and polyfluoroalkyl substances (PFAS). The Act also authorized the Environmental Improvement Board to require PFAS labels on products. The Board’s implementing rule, which became effective July 1, 2026, specified the exact format of the label and how it had to appear. Reprinted courtesy of Ashleigh K. Myers, Pillsbury, Jillian Marullo, Pillsbury and Claudia Vetesi, Pillsbury Ms. Myers may be contacted at ashleigh.myers@pillsburylaw.com Ms. Marullo may be contacted at jillian.marullo@pillsburylaw.com Ms. Vetesi may be contacted at claudia.vetesi@pillsburylaw.com Read the full story...

    The Deadline to File Suit on a Public Works Payment Payment Bond is Triggered by a Claimant’s Work on a Project Not by a Claimant’s Work Under a Contract

    June 02, 2026 —
    California law requires that prime contractors furnish a payment bond – providing for payment to lower-tiered subcontractors and suppliers – on state and local public works projects with a value in excess of $25,000. There are three conditions that must be satisfied when a claimant makes a claim against a payment bond on a public works project in California:
    1. First, generally, the claimant must have served a preliminary notice, unless the claimant is a first-tier subcontractor or supplier;
    2. The claimant must have “ceased to provide work” on the project; and
    3. The claimant must file suit against the payment bond no later than six (6) months after the period in which a stop payment notice must be given or, in other words, the earlier of 270 days after completion of the public works project or 210 days after a notice of completion or cessation was recorded on a public works project.
    In Tarlton & Sons, Inc. v. Great American Insurance Company, 111 Cal.App.5th 376 (2025), the 2nd District Court of Appeal examined whether a subcontractor timely filed a claim against a payment bond when a prime contractor was terminated and replaced by another prime contractor who the subcontractor continued to perform work for. Read the full story...
    Reprinted courtesy of Garret D. Murai, Nomos LLP
    Mr. Murai may be contacted at gmurai@nomosllp.com

    Insurer Cannot Raise Issues on Appeal that Were Not Presented to the Trial Court

    June 15, 2026 —
    The Florida Court of Appeals affirmed a judgment on a collapse claim for the insured, rejecting the insurer’s arguments that were not presented to the trial court. Homeowner’s Choice Prop. & Cas. Ins, Co. v. Oakes, 2026 Fl. App. LEXIS 2086 (Fl. Ct. App. March 18, 2026). The insured’s ceiling collapsed in the secondary home on the insured’s property. The claim was reported to the insurer, but coverage was denied after its investigation. The insured sued the insurer for breach of contract. Under the Additional Coverage provisions of the policy, collapse was covered if it was “abrupt.” An abrupt collapse was not covered, however, if exclusions for “Fungi, Wet or Dry Rot” and “faulty, inadequate or defective design, specifications, workmanship, repair, construction, renovation, remodeling, materials or maintenance” applied. The collapse provisions contained no language stating that the coverage granted in the provision was also subject to all the other exclusions in the policy. Read the full story...
    Reprinted courtesy of Tred R. Eyerly, Damon Key Leong Kupchak Hastert
    Mr. Eyerly may be contacted at te@hawaiilawyer.com

    Miller Act Payment Bond Claim “No Nos!”

    October 06, 2026 —
    A recent federal district court opinion, Sauer Construction, LLC v. United Structures of Georgia, LLC, 2026 WL 2522849 (M.D.Fla. 2026), addressed two worthy considerations when it comes to a Miller Act payment bond claim. And, when I am talking about considerations, I am really talking about “no-nos.” These are things you don’t do. First, don’t file an untimely Miller Act payment bond lawsuit. Make sure, as a claimant, you file that lawsuit within one year from your final furnishing. In this case, the subcontractor claimant did not and tried to argue around the statute of limitations with an equitable tolling argument, i.e., that the statute of limitations should be equitably tolled to accommodate the late filing of the lawsuit. Guess what? The subcontractor was not successful. You are fighting an uphill (losing) battle when arguing equitable tolling because “traditional equitable tolling principles require that the claimant demonstrate extraordinary circumstances, such as fraud, misinformation, or deliberate concealment.” Sauer Construction, supra. This means you need ultra-persuasive evidence to support such equitable tolling principles. Actually, having this evidence is doubtful. Thus, timely file the Miller Act payment bond lawsuit. There is no legitimate reason not to. Read the full story...
    Reprinted courtesy of David Adelstein, Kirwin Norris
    Mr. Adelstein may be contacted at dma@kirwinnorris.com

    Texas Prepares to Restart Data Center Construction, with Around 300 Projects Under Review And 6,608 MW Awaiting Energization Approval, Driving Demand for Rapid-Response Lifting Operations

    October 20, 2026 —
    Texas is experiencing an unprecedented increase in power demand. The ERCOT (Electric Reliability Council of Texas) power grid reached a record peak demand of 91.1 GW in summer 2026, 6% above the previous record, according to the U.S. Energy Information Administration (EIA). This is compounded by interconnection requests totaling around 474 GW, more than five times the record peak, with approximately 90% of these requests related to data centers, according to the Office of the Governor of Texas. Within this context, authorities have launched a comprehensive review process. In August , the Governor directed the Public Utility Commission of Texas (PUCT) and ERCOT to audit all data centers progressing toward grid connection, covering around 300 projects. ERCOT has also suspended approvals to energize data centers of 75 MW or more and has set December 10 as the date for the publication of its reports. For the industry, this pause creates a valuable planning window. Goldman Sachs notes that it takes 18 to 24 months to build a data center once permits have been secured, while only 50% to 60% of planned capacity is delivered on schedule. Supply chain constraints and labor shortages are among the most common causes of delays. In this context, construction agility is becoming increasingly critical. A one-month delay at a typical 60 MW U.S. data center is estimated to cost up to $14.2 million in lost revenue, additional costs and penalties, according to STL Partners data. Against this backdrop, Sarens, which has operated in the U.S. since 2009 and is headquartered in Houston, with offices also in Odessa and Beaumont, positions as a logistics partner for developers and contractors preparing for the execution phase. Read the full story...
    Reprinted courtesy of Sarens