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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:


    Construction Expert Witness Contractors Licensing
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    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
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    Corporate Profile

    ANAHEIM CALIFORNIA CONSTRUCTION EXPERT WITNESS
    DIRECTORY AND CAPABILITIES

    With over 4500 building and claims related expert witness designations, the Anaheim, California Construction Expert Directory delivers a streamlined multi-disciplinary expert retention and support solution to builders, risk managers, and construction practice groups seeking effective resolution of construction defect, scheduling, and delay claims. BHA provides construction related trial support and expert consulting services to the building industry's most recognizable companies, insurers, risk managers, and a variety of municipalities. In connection with in house assets comprising licensed architects, registered professional engineers, ASPE certified professional estimators, ICC Certified inspection and testing professionals, the firm brings national experience and local capabilities to Anaheim region.

    Anaheim California construction project management expert witnessesAnaheim California construction expert witnessesAnaheim California construction expert witness public projectsAnaheim California civil engineer expert witnessAnaheim California testifying construction expert witnessAnaheim California consulting architect expert witnessAnaheim California building envelope expert witness
    Construction Expert Witness News & Info
    Anaheim, California

    Angela Zanin Featured in LACBA List of Women’s History Month Honorees

    March 17, 2026 —
    Los Angeles Partner Angela Zanin was recently honored for her leadership and diversity initiatives in the California legal community by the Los Angeles County Bar Association (LACBA) as part of the organization’s Women’s History Month initiative. LACBA highlighted Ms. Zanin’s efforts in the community. After serving as President of the Italian American Lawyers Association (IALA) in 2023, she co-founded the Los Angeles County Unity Bar (LACUB), an alliance of bar associations dedicated to promoting diversity in the judiciary. Consisting of ten member organizations, the LACUB takes pride in its endorsement of over 40 candidates appointed to the California Court of Appeal, U.S. District Courts, Los Angeles Superior Court, and Orange County Superior Court. Read the full story...
    Reprinted courtesy of Lewis Brisbois

    Five Payne & Fears Attorneys Named 2026 Southern California Super Lawyers

    March 10, 2026 —
    Five Payne & Fears attorneys have been named to the 2026 Southern California Super Lawyers list in recognition of their work across a range of practice areas. This honor reflects their dedication to their clients, depth of experience, and the high standard of service they bring to every matter. Read the full story...
    Reprinted courtesy of Payne & Fears LLP

    For Urban Walkers, a Patchy Dilemma: Who Owns the Sidewalk?

    July 06, 2026 —
    In 2007, New York City’s sanitation department threatened Natalie Shea with a $300 fine for defacing public property with graffiti. Her crime: drawing a blue flower in front of her family’s Park Slope home with sidewalk chalk. She was six years old. The incident, which made local and national news at the time, captures the fraught role that sidewalks often play in US cities. These patches of pavement do more than carry pedestrians to their destinations: They’re also places for commerce, social interaction and childhood play, from chalking to learning how to ride a bike. Urbanist Jane Jacobs once likened the range of activities that city sidewalks attract to an “intricate ballet.” In the new book Sidewalk Nation: The Life and Law of America’s Most Overlooked Resource (Harvard University Press), author Michael Pollack explores the “tangled web of state and local regulation” that governs sidewalks, with cities often passing along responsibilities for tasks like clearing snow and keeping walkways safe. He paints a portrait of the American sidewalk a disorderly and often neglected network, filled with literal and metaphorical cracks that give rise to all sorts of conflict, from mundane clashes over maintenance to more consequential fights over accessibility and inequality. Read the full story...
    Reprinted courtesy of Linda Poon, Bloomberg

    Seattle Team Obtains Summary Judgment in Real Estate Broker Professional Liability Action

    July 20, 2026 —
    Seattle Partner Kathleen A. Nelson and Associate Synova M. L. Edwards prevailed on a hotly contested motion for summary judgment in Whatcom County, Washington court in a real estate broker professional liability action. The plaintiff filed an action against Lewis Brisbois' clients, a real estate agent and brokerage firm, among several others, including the title company, purchasers and others related to the sale of real property following his complicated and long running divorce action. These claims primarily arose out of the clients’ reliance on an order signed by the court in the underlying divorce action. The order allowed the clients to execute the purchase and sale agreement, as the plaintiff was non-cooperative. Read the full story...
    Reprinted courtesy of Lewis Brisbois

    HHMR: A Retrospective — Chapter One (2001–2025)

    January 26, 2026 —
    There comes a point in every career when you stop long enough to look back, not out of nostalgia, but out of clarity. You begin to see the arc, the accidents, the grace, and the moments when others carried more of the burden than you realized at the time. For me, that moment came recently, somewhere between the twenty-fifth year of practicing construction litigation and the rewriting of our firm’s operating agreement. I found myself asking a question I should have asked long ago: What are we building, and will it last? The truth is that we at HHMR do not build anything. Our clients do. They are the ones building Colorado, from single-family homes and multifamily developments to commercial, industrial, and infrastructure projects, navigating every constraint, hurdle, and barrier this state presents to them. They are the men and women in the arena, in Theodore Roosevelt’s sense. They pour foundations, frame walls, manage subs, balance supply chains, and take the risks inherent in the act of building anything of value. And for that work, they get sued. My job, and the job of this firm, is to defend them. We are their champions. Understanding this truth is the starting point of HHMR 2.0. But to appreciate where we are going, you must first understand from where we came. Read the full story...
    Reprinted courtesy of David McLain, Higgins, Hopkins, McLain & Roswell, LLC
    Mr. McLain may be contacted at mclain@hhmrlaw.com

    New Executive Order Prohibits Federal Contractors from Engaging in DEI Through Employment and Procurement Activities

    April 27, 2026 —
    On March 26, 2026, President Trump signed Executive Order 14398, entitled Addressing DEI Discrimination by Federal Contractors, requiring federal agencies to add contractual language in all federal contracts prohibiting contractors and subcontractors from engaging in any racially discriminatory DEI activities, as defined by the Executive Order (EO). While this EO includes language similar to prior DEI-related orders, it introduces a significant expansion in enforcement by subjecting non-compliant contractors to liability under the False Claims Act (FCA), including exposure to whistleblower actions and qui tam litigation. A qui tam claim is a civil action by a private individual on behalf of the government alleging fraud against federal programs and seeking to recover damages. The new EO states that involvement in any racially discriminatory DEI activities is not only unethical and illegal, but also deemed fraudulent against federal programs because it is material to the government’s payment decisions. The definition of DEI activities here matters, as this EO expands a contractor’s obligations beyond the management of its employment policies and includes prohibitions against funding or expending time or resources on DEI activities and contracting with subcontractors, vendors, or suppliers utilizing DEI programs. Read the full story...
    Reprinted courtesy of Laura De Santos, Gordon Rees Scully Mansukhani
    Ms. De Santos may be contacted at ldesantos@grsm.com

    Florida's Third DCA Reasserts the Teeth of Chapter 558 and the Future of Construction Defect Litigation

    February 23, 2026 —
    The case of Moss & Associates, LLC v. Daystar Peterson and Brickell Heights East Condominium Association, Inc. represents a quiet but significant correction in Florida construction law litigation. The Florida Third District Court of Appeal granted a petition for writ of certiorari and quashed a trial court order that denied a contractor's motion to stay litigation under Chapter 558, Florida Statutes. Though procedurally narrow, the ruling reflects an increasingly assertive appellate stance. Chapter 558's pre-suit notice and right-to-repair process is mandatory, jurisdictional in effect, and not subject to dilution by trial-level discretion. At its core, the opinion reinforces a foundational principle. Florida intends for construction defect disputes to be managed, investigated, and often resolved before they reach a courtroom. The Third DCA's insistence on strict statutory compliance signals to trial courts, and to the plaintiffs' bar, that procedural shortcuts will not be tolerated. Reprinted courtesy of Ryan C. Brooks, Wood Smith Henning & Berman LLP and Keith G. Salhab, Wood Smith Henning & Berman LLP Mr. Brooks may be contacted at rbrooks@wshblaw.com Mr. Salhab may be contacted at ksalhab@wshblaw.com Read the full story...

    When Rule 702 Motions Fail: A Close Look at AECOM v. Flatiron

    February 02, 2026 —
    In AECOM Tech. Servs., Inc. v. Flatiron | AECOM, LLC, 2024 WL 22640 (D. Colo. 2024), the United States District Court for the District of Colorado addressed when expert testimony is not subject to be limited or excluded pursuant to Federal Rule of Evidence 702. Background In 2015, AECOM Technical Services, Inc. (“AECOM”) and Flatiron | AECOM, LLC (“Flatiron”) entered into an agreement, in which they agreed to work together to assemble a design/build team for the purposes of submitting a proposal to the Colorado Department of Transportation’s (“CDOT”) construction project known as C-470 Tolled Express Lanes Segment 1 Design-Build Project (the “Project”). AECOM provided the design and engineering services, and Flatiron submitted the proposal to CDOT. On or about June 16, 2016, CDOT awarded Flatiron the Project. Flatiron later claimed that AECOM’s design failed to follow basic engineering and project requirements. Milwaukee's 25-Story Ascent Stacks Up as Tall Timber Role Model

    Construction Defect Claims Not Covered
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    Contractor Allegedly Injured after Slipping on Black Ice Files Suit

    Insurer in Bad Faith Due to Adjuster's Failure to Keep Abreast of Case Law

    Settlement Reached in California Animal Shelter Construction Defect Case

    Can Businesses Resolve Construction Disputes Outside of Court?

    With Wildfires at a Peak, “Firetech” Is Joining Smart City Lineups

    Third Circuit Affirms Use of Eminent Domain by Natural Gas Pipeline

    In Personal Injury Actions, Prejudgment Interest on Costs Not Recoverable

    Oregon Condo Owners Make Construction Defect Claim

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

    Wisconsin Supreme Court Upholds Asbestos Exclusion in Alleged Failure to Disclose Case

    Five Construction Payment Issues—and Solutions

    California Pipeline Disaster Brings More Scandal for PG&E

    Blurred Lines: New York Supreme Court Clarifies Scope of Privileged Documents in Connection with Pre-Denial Communications Prepared by Insurer's Coverage Counsel

    Court Holds That Parent Corporation Lacks Standing to Sue Subsidiary’s Insurers for Declaratory Relief

    NY Appellate Team Obtains Affirmance of Summary Judgment to Landlord in Tenant’s Lawsuit Alleging Catastrophic Injuries

    The Requirement to Post Collateral Under General Agreement of Indemnity Is Real

    New York Team Secures Appellate Win on Behalf of National Home Improvement Chain

    A Riveting (or at Least Insightful) Explanation of the Privette Doctrine

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

    Home insurance perks for green-friendly design (guest post)

    Subrogation Insight: Expert Testimony Admissible Despite Post-Loss Repairs

    ASCE's Architectural Engineering Institute Announces Winners of 2021 AEI Professional Project Award

    Why You Make A Better Wall Than A Window: Why Policyholders Can Rest Assured That Insurers Should Pay Legal Bills for Claims with Potential Coverage

    Development in CBF Green Building Case in Maryland

    Latin America’s Biggest Corporate Crime Gets a Worthy Epic

    Reminder: Your Accounting and Other Records Matter

    Conflicts of Laws, Deficiency Actions, and Statutes of Limitations – Oh My!

    BHA has a Nice Swing Benefits the Wounded Warrior Project

    Wilke Fleury Attorneys Recognized by 2026 Northern California Super Lawyers and Rising Stars!

    Agrihoods: The Best of Both Worlds

    Award Doubled in Retrial of New Jersey Elevator Injury Case

    Ahlers Distinguished As Top Super Lawyer In Washington And Nine Firm Members Recognized As Super Lawyers Or Rising Stars

    Material Prices Climb…And Climb…Are You Considering A Material Escalation Provision?

    Florida Chinese drywall, pollution exclusion, “your work” exclusion, and “sistership” exclusion.

    Subcontractor Not Estopped from Enforcing Lien Not Listed In Bankruptcy Petition

    Thirteen Payne & Fears Attorneys Honored by Best Lawyers

    How to Defend Stucco Allegations

    Congratulations to Wilke Fleury’s 2023 Super Lawyers and Rising Stars!!

    Not All Design-Build Projects are Created Equal

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

    Insurer Granted Summary Judgment on Faulty Workmanship Claim

    What Makes Building Ventilation Good Enough to Withstand a Pandemic?

    De-escalating The Impact of Price Escalation

    Pollution Exclusion Prevents Coverage for Injury Caused by Insulation

    New Jersey Court Washes Away Insurer’s Waiver of Subrogation Arguments

    U.K. Broadens Crackdown on Archaic Property Leasehold System

    Top Developments 2025 - Issue 4

    Traub Lieberman Partner Lisa Rolle Wins Summary Judgment on Behalf of Contract Utility Company in Personal Injury Action

    Court of Appeal Puts the “Equity” in Equitable Subrogation