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

    Duty to Defend Negligent Misrepresentation Claim

    Excess Insurer On The Hook For Cleanup Costs At Seven Industrial Sites

    White and Williams Earns Tier 1 Rankings from U.S. News "Best Law Firms" 2017

    Recommendations for Property Owners After A Hurricane: Submit a Claim

    Building the Secondary Market for Reclaimed Building Materials

    Toward Increased Citizen Engagement in Urban Planning

    To Require Arbitration or Not To Require Arbitration

    California Supreme Court Addresses “Good Faith” Construction Disputes Under Prompt Payment Laws

    Herman Russell's Big Hustle

    New Tariffs Could Shorten Construction Expansion Cycle

    Spa High-Rise Residents Frustrated by Construction Defects

    The Multigenerational Housing Trend

    Insurance Policies and Indemnity Provisions Are Not the Same

    Insurer Cannot Abandon Defense Agreement on Underlying Asbestos Claims Against Insured

    The Looming Housing Crisis and Limited Government Relief—An Examination of the CDC Eviction Moratorium Two Months In

    Contractors: Revisit your Force Majeure Provisions to Account for Hurricanes

    Interpreting Insurance Coverage and Exclusions: When Sudden means Sudden and EIFS means Faulty

    Will COVID-19 Permanently Shift the Balance between Work from Home and the Workplace?

    Business Interruption Claim Granted in Part, Denied in Part

    Colorado Senate Committee Approves Construction Defect Bill

    Illinois Court Determines Duty to Defend Construction Defect Claims

    Engineering Seals Versus Contracts ‘Under Seal’ (Two Very Different Things)

    OSHA Finalizes PPE Fitting Requirement for Construction Workers

    Congratulations to BWB&O’s 2027 Southern California Super Lawyers and Rising Stars Honorees!

    A Vision and Strategy for the Adoption of Open International Standards

    AI Data Centers Become City-Scale Infrastructure, Prompting New Industry Playbook

    Because I Haven’t Mentioned Mediation Lately. . .

    Quick Note: October 1, 2023 Changes to Florida’s Construction Statutes

    No Concrete Answers on Whether Construction Defects Are Occurrences

    Equal Access to Justice Act Fee Request Rejected in Flood Case

    Bid Protests: The Good, the Bad and the Ugly (Redeux)

    BHA at the 10th Annual Construction Law Institute, Orlando

    Quick Note: Submitting Civil Remedy Notice

    Hudson Tunnel Plan Shows Sign of Life as U.S. Speeds Review

    Fire Damages Unfinished Hospital Tower at NYU Langone Medical Center

    Illinois Court Determines Insurer Must Defend Property Damage Caused by Faulty Workmanship

    Contractor Suffolk's Hospital Project Is on Critical List After Steward Health Care Bankruptcy

    PA Superior Court Provides Clarification on Definition of CGL “Occurrence” When Property Damage Is Caused by Faulty Building Conditions

    California Supreme Court Rules Developers can be Required to Include Affordable Housing

    Design Professional Asserting Copyright Infringement And Contributory Copyright Infringement

    Recommencing Construction on a Project due to a Cessation or Abandonment

    Texas Enacts Landmark Restrictions on Foreign Land Ownership Under SB 17

    US Proposes Energy Efficiency Standards for Federal Buildings

    No Coverage Under Exclusions For Wind and Water Damage

    Apartment Building Damaged by Cable Installer’s Cherry Picker

    Construction Costs Must Be Reasonable

    Not so Fast! How Does Revoking Acceleration of a Note Impact the Statute of Limitations?

    Construction Litigation Roundup: “Hold the Pickles, Hold the Lettuce?”

    AI AEC Show: Augmenta Gives Designers Superpowers

    Benford’s Law: A Seldom Used Weapon in Forensic Accounting
    Corporate Profile

    ANAHEIM CALIFORNIA CONSTRUCTION EXPERT WITNESS
    DIRECTORY AND CAPABILITIES

    With over four thousand construction claims related expert witness designations, the Anaheim, California Construction Expert Directory provides a wide spectrum of trial support and consulting services to builders and construction practice groups seeking effective resolution of construction defect, scheduling, and delay matters. BHA provides general construction investigation, trial and claims support 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 resources 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 region.

    Anaheim California roofing construction expertAnaheim California window expert witnessAnaheim California civil engineering expert witnessAnaheim California concrete expert witnessAnaheim California eifs expert witnessAnaheim California consulting architect expert witnessAnaheim California construction claims expert witness
    Construction Expert Witness News & Info
    Anaheim, California

    Pulling the Plug, Preserving the Product: Protecting Rights to a Modular Subcontractor’s Work Post-Termination

    June 08, 2026 —
    Volumetric Modular Construction (VMC) is a building method where a structure is divided into large components or modules, fabricated in an offsite factory and then transported to a construction site for assembly.[1] Proponents of VMC hail it as a cost-efficient alternative to traditional building methods that leads to more consistent quality and shorter construction duration.[2] Due to a growing labor shortage, high demand for compressed project schedules, and stagnant construction productivity rates, the construction industry is embracing VMC.[3] A recent report on the market size of prefabricated construction estimates that from 2026 to 2031, VMC will grow at a compound annual growth rate of 7.16% and become a 413.11-billion-dollar industry.[4] As VMC becomes more prevalent, owners, general contractors, and subcontractors must consider how to effectively contract for modular construction. One important consideration, which this article focuses on, is navigating termination of a modular subcontractor. Read the full story...
    Reprinted courtesy of Paul Williamson, Peckar & Abramson, P.C.
    Mr. Williamson may be contacted at pwilliamson@pecklaw.com

    Defend Now, Allocate Later? An Unresolved Tension in Colorado Construction Law

    August 16, 2026 —
    For decades, Colorado law has recognized an important distinction between the duty to defend and the duty to indemnify. The former ordinarily arises at the beginning of litigation; the latter generally cannot be determined until the underlying liability is known. That distinction makes intuitive sense. A defense that becomes due only after litigation concludes is not much of a defense. But Colorado’s construction anti-indemnity statute, C.R.S. § 13-21-111.5(6), raises an interesting question about how that familiar rule operates in construction disputes. The statute expressly regulates contractual obligations not only to indemnify, but also to insure and defend, and it reflects a legislative policy that construction businesses should bear financial responsibility for their own negligence. Those principles have developed along separate tracks. At some point, a Colorado appellate court may have to decide precisely how they fit together. Read the full story...
    Reprinted courtesy of David McLain, Higgins, Hopkins, McLain & Roswell, LLC
    Mr. McLain may be contacted at mclain@hhmrlaw.com

    A Win for Clarity: What a Recent Federal Court Decision Means for Davis-Bacon Compliance

    July 13, 2026 —
    Following the Department of Labor’s 2023 Davis-Bacon rule changes, federal construction contractors faced a pressing question: not whether paying prevailing wages is required, but how far those obligations could extend. Could they reach off-site material suppliers? Delivery drivers? Contracts that omitted Davis-Bacon clauses entirely? A recent federal court decision in AGC of America v. US Department of Labor answers these questions in important ways, vacating several disputed provisions and giving contractors greater certainty when pricing, bidding, and administering federal construction projects. The ruling addresses three aspects of the 2023 regulations that sought to extend Davis-Bacon obligations beyond their traditional scope. By vacating those provisions, the decision creates a more predictable compliance environment and reinforces an important principle: Davis-Bacon enforcement works best when contractors, workers, and regulators operate under clear, objective rules. Read the full story...
    Reprinted courtesy of Stephen E. Irving, Peckar & Abramson, P.C.
    Mr. Irving may be contacted at sirving@pecklaw.com

    California Poised for the Most Significant Residential Construction Defect Reforms in Decades

    September 01, 2026 —
    The California Legislature is considering legislation that would dramatically alter the landscape of residential construction defect litigation. Assembly Bill 1903, currently pending before the Senate Judiciary Committee, proposes extensive amendments to California's Right to Repair Act (Civil Code sections 895-945.5) that would substantially strengthen procedural protections for builders while narrowing the scope of recoverable construction defect claims. If enacted, the legislation would affect virtually every stage of a construction defect dispute- from the initial notice of claim through litigation and settlement- and would introduce an entirely new certification process for newly constructed condominium projects. This article details some of the most significant proposed changes. Higher Burden for Construction Defect Plaintiffs Perhaps the most consequential change is the bill's modification of the proof required to establish liability. current law generally requires a claimant to demonstrate the residence fails to satisfy one of the statutory performance standards established under the Right to Repair Act. AB1903 would instead require claimants to establish three separate elements:
    • A violation of an applicable statutory performance standard;
    • The violation caused appreciable, present, non-speculative physical damage to another building component; and
    • The violation resulted from the original construction.
    Reprinted courtesy of Thomas D. Fama, Wood Smith Henning Berman and Andrew J. Mallon, Wood Smith Henning Berman Mr. Fama may be contacted at tfama@wshblaw.com Mr. Mallon may be contacted at amallon@wshblaw.com Read the full story...

    Nicole Whyte is the Newly Elected Secretary of the Orange County Bar Association

    September 28, 2026 —
    “I am deeply honored to serve as Secretary of the Orange County Bar Association. To everyone who supported me, endorsed me, encouraged me, shared my message, and cast a ballot, thank you. I am profoundly grateful for your trust and confidence. Thank you from the bottom of my heart. I am ready to get to work.” – Nicole Whyte Read the full story...
    Reprinted courtesy of Bremer Whyte Brown & O'Meara LLP

    Over 50 Lewis Brisbois Attorneys Recognized in 7th Edition of Best Lawyers: Ones to Watch in America

    September 01, 2026 —
    56 Lewis Brisbois attorneys across 26 offices have been named to the 7th edition of “Best Lawyers: Ones to Watch in America.” Congratulations to the following attorneys on this recognition! You can see the full list of Lewis Brisbois attorneys named to Best Lawyers' 33rd edition of The Best Lawyers in America here. Akron, OH
    • Partner Meleah M. Skillern - Commercial Litigation
    Atlanta, GA
    • Partner Catherine Crawley - Personal Injury Litigation – Defendants; and Transportation Law
    • Associate Davis Lackey - Insurance Law; and Personal Injury Litigation – Defendants
    Read the full story...
    Reprinted courtesy of Lewis Brisbois

    The Best Lawyers in America® - Ball Janik Attorneys Earn Multiple Recognitions

    September 01, 2026 —
    Orlando, FL, August 20, 2026 – Ball Janik LLP is pleased to announce that 24 of its attorneys have been recognized in the 2027 editions of The Best Lawyers in America® and Best Lawyers: Ones to Watch® in America. The 33rd Best Lawyers edition recognitions are based on peer review and highlight attorneys across a range of practice areas. This recognition underscores the broad experience Ball Janik's attorneys bring to the firm's construction defect practice. "We're proud to be recognized by Best Lawyers again this year," said James C. Prichard, Managing Partner of Ball Janik LLP. "These honors reflect the expertise and depth of our team, our continued growth across Florida, and our commitment to providing strong counsel to clients in complex construction, insurance recovery, and litigation matters." Ball Janik attorneys recognized in the 2027 edition of The Best Lawyers in America® include: Keegan A. Berry — Construction Law Brian T. Crevasse — Construction Law; Litigation - Construction Todd Demetriades — Litigation - Construction Joseph R. Fitos — Construction Law; Litigation - Construction Megan A. Picataggio — Construction Law Jon E. Lemole — Construction Law; Litigation - Construction Salvatore G. Scro — Construction Law Nicholas B. Vargo — Construction Law; Litigation - Construction Kelly M. Corcoran — Construction Law Gabriel Z. Coelho — Construction Law Evan J. Small — Construction Law; Litigation - Construction Franchesco Soto — Construction Law; Litigation - Construction Phillip E. Joseph — Litigation - Construction; Real Estate Law James C. Prichard — Construction Law Ball Janik attorneys recognized in the 2027 edition of Best Lawyers: Ones to Watch® in America include: Nicholas Passantino — Litigation - Construction Amanda L. Gonzalez — Construction Law; Litigation - Construction Morgan N. Lester — Litigation - Construction Chris S. Tribbey — Construction Law Kyle Bugden — Construction Law; Litigation - Construction Brian Tannenbaum — Construction Law Kayla Mosquera — Insurance Law Natasha L. Biela — Commercial Litigation Elijah C. Waring, Jr. — Product Liability Litigation - Defendants Greg K. Demers — Construction Law About Ball Janik LLP Ball Janik LLP is a Florida-based law firm offering construction defect, construction law, insurance recovery, and commercial litigation counsel, to its local and national clients. The firm was founded in 1982 and has expanded its capabilities, professionals, and geographic footprint. What started as a small firm focused on real property, land use, and litigation (known then as Ball Janik & Novack) has grown to a team of 70-plus attorneys and paralegals in five offices in Florida, with centuries of combined experience and capabilities. The firm has been recognized by Chambers USA, including for its construction law capabilities in Florida, U.S. News & World Report and Best Lawyers®, The Best Lawyers in America©, Super Lawyers, and Corporate International. Read more at www.balljanik.com.

    No Bad Faith Despite Insurer’s Appraisal Award Exceeding Initial Payment

    August 03, 2026 —
    The federal district court granted the insurer’s motion for summary judgment, finding no bad faith despite the appraisal award exceeding the amount the insurer initially paid. Jazi Kat 4659 Rockridge LLC, et al. v. Travelers Cas. Ins. Co. of Am., et al., 2026 U.S. Dist. LEXIS 105634 (D. Ariz. May 13, 2026). Plaintiffs sued Travelers for breach of contract and bad faith, alleging that Travelers failed to pay money plaintiffs were owed under the policy. Plaintiffs held a commercial property policy for two properties. A fire destroyed one of the properties. Travelers adjusted the claim and issued two payments. Plaintiffs disagreed with the amount of the payments and demanded an appraisal. Travelers agreed to the appraisal. Read the full story...
    Reprinted courtesy of Tred R. Eyerly, Damon Key Leong Kupchak Hastert
    Mr. Eyerly may be contacted at te@hawaiilawyer.com