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

    New York Construction: New Rules for Reporting and Cancellation Pay

    Foundation Differences Across the U.S.

    Understanding Indiana’s New Home Construction Warranty Act

    Homebuilding on the Rise in Nation’s Capitol

    California’s One-Action Rule May Apply to Federal Lenders

    Real Estate & Construction News Round-Up (02/08/23) – The Build America, Buy America Act, ESG Feasibility, and University Partnerships

    Feds Withdraw $4.9B Conditional Loan Guarantee for Grain Belt Express Power Line

    Insurer Must Pay Portions of Arbitration Award Related to Faulty Workmanship

    The Architects Who Dream of a New Stone Age

    GRSM Attorneys Selected to 2024 Super Lawyers and Rising Stars Lists

    Manhattan’s Property Boom Pushes Landlords to Sell Early

    Wearable Ways to Work in Extreme Heat

    Sometimes it Depends on “Whose” Hand is in the Cookie Jar

    Burden to Prove Exception to Exclusion Falls on Insured

    Grupo Mexico Spill Sparks Public Scrutiny of $150 Million Mop-Up

    Late Filing Contractor Barred from Involving Subcontractors in Construction Defect Claim

    Let’s Get Specific: Rhode Island Court Asserts Jurisdiction Over Out-of-State Manufacturer

    Court Bars Licensed Contractor From Seeking Compensation for Work Performed by Unlicensed Sub

    Living Not So Large: The sprawl of television shows about very small houses

    Multiple Construction Errors Contributed to Mexico Subway Collapse

    Kentucky Supreme Court Creates New “Goldilocks Zone” to Limit Opinions of Biomechanical Experts

    Housing Stocks Rally at End of November

    When Do Hard-Nosed Negotiations Become Coercion? Or, When Should You Feel Unlucky?

    Sanctions of $1.6 Million Plus Imposed on Contractor for Fabricating Evidence

    Real Estate & Construction News Roundup (6/4/24) – New CRE Litmus Tests, Tech Integration in Real Estate and a Jump in Investor Home Purchases

    Business Interruption Insurance Coverage Act of 2020: Yet Another Reason to Promptly Notify Insurers of COVID-19 Losses

    Defects, Delays and Change Orders

    Blackstone Said to Sell Boston Buildings for $2.1 Billion

    Maryland Finally set to Diagnose an Allocation Method for Progressive Injuries

    How Long Does a Civil Lawsuit Take?

    Don’t Put All Your Eggs in the Silent-Cyber Basket

    Defects in Texas High School Stadium Angers Residents

    Insured Entitled to Defense After Posting Medical Records Online

    Consumer Prices Rising as U.S. Housing Stabilizes: Economy

    New Tools, Streamlined Access: AAA’s Website Gets a Major Redesign

    Association Bound by Arbitration Provision in Purchase-And-Sale Contracts and Deeds

    Harsh New Time Limits on Construction Defect Claims

    Another Setback for the New Staten Island Courthouse

    Endorsement is Void Where Compliance is Impossible

    Claim for Consequential Damages Survives Motion to Dismiss

    The Great London Property Exodus Is in Reverse as Tenants Return

    “Over? Did you say ‘over’?”

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

    Residential Contractors, Be Sure to Have these Clauses in Your Contracts

    Supreme Court Strikes Down IEEPA Tariffs: The Refund Process Will Be Messy

    Contractor Sues for $5.7M in Pay for Iowa Jail Project

    After Breaching Its Duty to Defend, Insurer Must Pay Market Rates for Defense Counsel

    Michigan Court Waives Goodbye to Subrogation Claims, Except as to Gross Negligence

    Avoiding Disaster Due to Improper Licensing

    How to Build Climate Change-Resilient Infrastructure
    Corporate Profile

    ANAHEIM CALIFORNIA CONSTRUCTION EXPERT WITNESS
    DIRECTORY AND CAPABILITIES

    Through over 4500 construction defect and claims related expert designations, the Anaheim, California Construction Expert Directory delivers a comprehensive construction and design expert support solution to construction claims professionals concerned with construction defect, scheduling, and delay claims. 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 in house assets which include licensed architects, civil engineers, building envelope experts, general and specialty contractors focused on the evaluation of construction claims, the firm brings national experience and local capabilities to Anaheim and the surrounding areas.

    Anaheim California building code compliance expert witnessAnaheim California ada design expert witnessAnaheim California structural engineering expert witnessesAnaheim California construction project management expert witnessAnaheim California roofing construction expertAnaheim California construction project management expert witnessesAnaheim California building consultant expert
    Construction Expert Witness News & Info
    Anaheim, California

    The Great Escape: Non-Invalidation Clauses and Property Damage Claims

    October 20, 2026 —
    At their core, non-invalidation clauses (“NICs”) recognise an important commercial reality: an insured cannot control everything that happens at its premises. In the event that an insured finds itself in breach of a condition or warranty owing to events that have increased the risk of damage to its property, but which were outside its authority, knowledge or beyond its control, a NIC may prevent the insurer from avoiding the claim. For that reason, they’re an important tool in an insured’s coverage arsenal. Although there is relatively little caselaw on NICs, their purpose was recognised in The Seashell of Lisson Grove Ltd v Aviva Insurance Ltd [2011] EWHC 1761 (Comm) (on which we wrote a previous article – The Good, the Bad & the Ugly: #26 The Good: The Seashell of Lisson Grove Ltd v Aviva) Reprinted courtesy of Abigail Smith, SDV Fenchurch and Kaarthiga Manimaran, SDV Fenchurch Ms. Smith may be contacted at abigail.smith@sdvfenchurch.uk Ms. Manimaran may be contacted at kaarthiga.manimaran@sdvfenchurch.uk Read the full story...

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

    June 15, 2026 —
    The U.S. Supreme Court has issued a unanimous decision allowing oil and gas companies to move Louisiana coastal erosion lawsuits from state court to federal court under the federal officer removal statute. While the ruling is procedural, it carries significant implications for environmental- and energy-related risks. The case, Chevron U.S.A. Inc. v. Plaquemines Parish, Louisiana, Slip Op. 24-813 (April 17, 2026), addressed a threshold jurisdictional question but has broader significance for environmental and climate related litigation. State courts are often viewed as more favorable forums for plaintiffs asserting environmental damage claims, particularly those brought by governmental entities. The opinion issued on April 17, 2026 is the latest development in long-running Louisiana coastal litigation that began more than a decade ago. Starting in 2013, Louisiana parishes filed 42 lawsuits against oil and gas companies alleging environmental damage related to historic oil field operations. The parishes alleged that oil and gas companies violated state coastal management laws by failing to properly restore impacted areas. Chevron sought to remove the cases from state court under 28 U.S.C. § 1442(a)(1), known as federal officer removal, which provides federal jurisdiction over “any person acting under [an] officer” of the United States "for or relating to any act under color of such office." The Fifth Circuit rejected the argument and remanded the case, and others like it, to state court. Trial began in March 2025 in Point à la Hache, Louisiana. On April 4, 2025, the jury awarded a total of $745 million to compensate for land loss, contamination and abandoned equipment. On June 16, 2025, the U.S. Supreme Court agreed to review the question of whether a federal contractor can remove to federal court when sued for oil-production activities undertaken to fulfill a federal oil-refinement contract. Reprinted courtesy of Jennifer Kretschmann, Lewis Brisbois and Jennifer E. Michel, Lewis Brisbois Ms. Kretschmann may be contacted at Jennifer.Kretschmann@lewisbrisbois.com Ms. Michel may be contacted at Jenny.Michel@lewisbrisbois.com Read the full story...

    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. Read the full story...
    Reprinted courtesy of David Adelstein, Kirwin Norris
    Mr. Adelstein may be contacted at dma@kirwinnorris.com

    Course of Construction Exclusions and the CGL Policy

    July 20, 2026 —
    I. Course of Construction Exclusions Course of Construction (“COC”) exclusions are found on General Liability and excess liability policies, typically a wrap-up or project specific policy, and generally exclude “all property damage occurring during the course of construction.” Insurers claim COC exclusions are not problematic because they are intended to prevent an overlap in coverage between the general liability policy and first-party property Builder’s Risk policy. However, because General Liability policies and Builder’s Risk policies provide coverage for different risks, COC exclusions can create a gap in coverage for owners and contractors. Therefore, any exclusion on a wrap-up or project specific policy that limits coverage for property damage liability should be scrutinized, and amendments sought when warranted and commercially achievable, for owners, developers and contractors because General Liability policies do not cover the same risk as that of a Builder’s Risk policy. General liability policies provide defense and indemnity to the insured(s) for claims made by a third-party against the insured. Broad COC exclusions serve to preclude coverage for all property damage, not just property damage to the insured project. This includes property damage to property other than the insured project, e.g. an adjacent property. On the other hand, Builder’s Risk policies provide first-party property coverage for direct physical loss to the project during the course of construction. The Builder’s Risk policy will not provide coverage for property other than the project itself (e.g., adjacent property) and it will not provide a defense or indemnity in the event the owner of the damaged property brings a claim against a potentially at-fault party. Reprinted courtesy of Anna M. Perry, Saxe Doernberger & Vita, P.C., Rachel S. Kindseth, Saxe Doernberger & Vita, P.C. and Nina Catanzaro, Saxe Doernberger & Vita, P.C. Ms. Perry may be contacted at APerry@sdvlaw.com Ms. Kindseth may be contacted at rkindseth@sdvlaw.com Ms. Catanzaro may be contacted at NCatanzaro@sdvlaw.com Read the full story...

    Congratulations to Reno Partner Karen Baytosh for Securing a Complete Dismissal via a Motion for Summary Judgment

    July 13, 2026 —
    BWB&O is proud to announce that Reno Partner Karen Baytosh received a significant victory on behalf of the firm’s Developer Client in a high-exposure personal injury matter. Plaintiff, a teenager, was struck by an intoxicated driver while walking her dog at night, sustaining catastrophic injuries requiring 24-hour critical care for the remainder of her life. Plaintiff’s Guardian brought suit against the drunk driver and her husband, the City, and BWB&O’s Developer Clients, alleging that the City and Developers failed to improve street lighting and install a sidewalk that would have prevented the accident. Read the full story...
    Reprinted courtesy of Bremer Whyte Brown & O'Meara LLP

    Insured is Third Party Beneficiary of Forced-Place Policy

    October 26, 2026 —
    The court denied the insurer’s motion to dismiss the insured’s fire damage claims under a forced-place policy because the insured was a third-party beneficiary of the policy. Fredericks v. Assurant Specialty, et al., 2026 U.S. Dist. LEXIS 179779 (E.D. Pa. Aug. 12, 2026). The insureds’ home burned down on the same day their homeowner’s policy expired. The expiration automatically triggered a forced-placed policy issued by American Security Insurance Company (ASIC) to the insureds’ mortgage company, Rocket Mortgage Company, LLC. Read the full story...
    Reprinted courtesy of Tred R. Eyerly, Damon Key Leong Kupchak Hastert
    Mr. Eyerly may be contacted at te@hawaiilawyer.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

    Bad Faith Claim Survives Summary Judgment

    June 08, 2026 —
    The court denied the insurer’s motion for partial summary judgment on the insured’s bad faith claim, but granted the motion on the insured’s claim for punitive damages. Serbian Orthodox Church v. Brotherhood Mut. Ins. Co., 2026 U.S. Dist. LEXIS 58234 (S.D. Cal. March 19, 2026). On February 1, 2023, the Church filed a claim for water damage with Brotherhood Mutual Insurance Company (BMIC). The claim was based on rain and wind that caused extensive water intrusion into the Sanctuary, damaging its plaster walls and ceilings and fresco paintings. The claim was assigned to Patrick Hurley. Hurley sent a letter discussing potential bars to coverage and requesting further information and documents from the Church. Read the full story...
    Reprinted courtesy of Tred R. Eyerly, Damon Key Leong Kupchak Hastert
    Mr. Eyerly may be contacted at te@hawaiilawyer.com