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

    Biden Unveils $2.3 Trillion American Jobs Plan

    Do Municipal Gas Bans Slow the Clean Hydrogen Transition in Real Estate?

    Hydrogen—A Key Element in the EU’s Green Planning

    Double-Wide World Cup Seats Available to 6-Foot, 221-Pound Fans

    Lease-Leaseback Fight Continues

    U.S. Government Bans Use of Mandatory Arbitration Agreements between Nursing Homes and Residents, Effective November 28, 2016

    Sales of U.S. Existing Homes Rise to One-Year High

    Sacramento Water Works Recognized as a Historic Civil Engineering Landmark

    Court of Appeal Opens Pandora’s Box on Definition of “Contractor” for Forum Selection Clauses

    New Jersey’s Proposed Construction Defect Law May Not Cover Everything

    Science-Based Standards for Wildfire Recovery: What California Policyholders Need to Know About A.B. 1642

    Lack of Flood Insurance for New York’s Poorest Residents

    Newmeyer & Dillion Attorneys Selected to Best Lawyers in America© Orange County and as Attorneys of the Year 2018

    Port Authority Revises Plans for $10B Midtown NYC Bus Terminal Replacement

    Washington Court Tunnels Deeper Into the Discovery Rule

    The Business of Engineering: An Interview with Matthew Loos

    First Railroad Bridge Between Russia and China Set to Open

    Mortar Insufficient to Insure Summary Judgment in Construction Defect Case

    Construction Law Alert: Unlicensed Contractors On Federal Projects Entitled To Payment Under The Miller Act

    Water Leak Covered for First Thirteen Days

    Team Temporarily Stabilizes Delaware River Bridge Crack

    Policy Renewals: Has Your Insurer Been Naughty or Nice?

    Best Lawyers® Recognizes 45 White and Williams Lawyers

    Statute of Limitations and Bad Faith Claims: Factors to Consider

    FEMA Administrator Slams Failures to Prepare, Evacuate Before Storms

    Landmark Montana Supreme Court Decision Series: Trigger and Allocation

    Wildfire Smoke Threatens to Wipe Out Decades of Air Pollution Progress

    Renters Trading Size for Frills Fuel U.S. Apartment Boom

    Another TV Fried as Georgia Leads U.S. in Lightning Costs

    Newmeyer & Dillion Announces Three New Partners

    Performance Bond Surety Takeover – Using Terminated Contractor To Complete The Work

    Iowa Tornado Flattens Homes, Businesses and Wind Turbines

    Don’t Get Caught Holding the Bag: Hold the State Liable When General Contractor Fails to Pay on a Public Project

    Beam Cracks Cause Closure of San Francisco’s New $2B Transit Center

    White and Williams Recognizes Women’s History Month: Remembering Virginia Barton Wallace

    Big Data Meets Big Green: Data Centers and Carbon Removal Compete for Zero-Emission Energy

    Feds, County Seek Delay in Houston $7B Road Widening Over Community Impact

    SunEdison Gets Shinsei Bank Funding for Japan Solar Power Plant

    Florida Appeals Court Rules in Favor of Homeowners Unaware of Construction Defects and Lack of Permits

    Urban Digital Twins: How Virtual Cities Could Help Build Smarter Cities

    Kahana Feld Partner Pascal Arteaga Achieves Prestigious TBLS Construction Law Board Certification

    Illinois Court Addresses Level of Evidence Necessary to Prevent Summary Judgment in Hail Damage Claim

    White and Williams Earns Tier 1 Rankings from U.S. News "Best Law Firms" 2020

    Not So Universal Design Fails (guest post)

    Jobsite Safety, Workforce Shortage Drive Innovation in Machine Automation

    Montana Federal Court Upholds Application of Anti-Concurrent Causation Clause

    Motion to Dismiss COVID Claim Granted in Part, Denied in Part

    Subcontractor's Faulty Workmanship Is Not an "Occurrence"

    Build, Baby, Build. But Not Like This, Britain.

    Government Claims Act Does Not Apply to Actions Solely Seeking Declaratory Relief and Not Monetary Relief
    Corporate Profile

    ANAHEIM CALIFORNIA CONSTRUCTION EXPERT WITNESS
    DIRECTORY AND CAPABILITIES

    Through more than 4500 general contracting and design related expert designations, the Anaheim, California Construction Expert Directory provides a wide range of trial support and construction consulting services to legal professionals and construction practice groups concerned with construction defect and claims matters. BHA provides construction related trial support and expert consulting services to the construction industry's leading builders and developers, legal professionals, and owners, as well as a variety of state and local government agencies. Utilizing captive assets which comprise construction cost and scheduling experts, registered design professionals, forensic engineers, certified professional estimators, the organization brings national experience and local capabilities to Anaheim and the surrounding areas.

    Anaheim California expert witness commercial buildingsAnaheim California civil engineer expert witnessAnaheim California construction defect expert witnessAnaheim California construction claims expert witnessAnaheim California building code expert witnessAnaheim California roofing construction expertAnaheim California fenestration expert witness
    Construction Expert Witness News & Info
    Anaheim, California

    Safeguarding Your Privileged Construction Information With a Clawback Agreement

    June 08, 2026 —
    For contractors and construction executives, a dispute that escalates to litigation brings risks that go well beyond the jobsite. When a dispute escalates to litigation, the attorney-client privilege is a critical protection to safeguard your interests. Disclosing privileged material can undermine your litigation position and, in some cases, negatively impact your business. In the construction context, this often includes sensitive communications about project delays, defect investigations, safety incidents or payment disputes—materials that can significantly impact both liability and reputation. During litigation, the discovery process requires the exchange of documents and data with your adversary. If privileged materials are disclosed to your adversary during discovery you risk the waiver of your privilege, which in plain terms means you lose the protection of the privilege and make the privileged information, and in some cases all other information related to the same subject matter, available to your adversary. It is critical that your attorney take steps to protect against the unintentional disclosure of privileged materials during discovery to avoid a waiver. Reprinted courtesy of Laura Fraher, Construction Executive, a publication of Associated Builders and Contractors. All rights reserved. Read the full story...
    Ms. Fraher may be contacted at lfraher@barclaydamon.com

    Structural Concerns Force Emergency Closure of Maryland Office Building

    August 16, 2026 —
    A 10-story Baltimore-area office building was evacuated after an underground parking structure was compromised during construction work. Read the full story...
    Reprinted courtesy of Jim Parsons, Engineering News-Record
    ENR may be contacted at enr@enr.com

    New York Enacts First-in-the-Nation Statewide Data Center Moratorium

    August 03, 2026 —
    As of May 2026, nearly 12 gigawatts of data center load requests were in the New York Independent System Operator interconnection queue, with more than two-thirds of capacity requests entering the queue in 2025 alone. On July 14, 2026, in response to concerns over this rapid growth, Governor Kathy Hochul issued Executive Order No. 62 (the “Order”) imposing a temporary moratorium on data centers in New York State. Among the concerns cited in the Order are the cost burden on ratepayers associated with transmission upgrades required to accommodate large loads, potential environmental impacts, and large-scale water use. The moratorium is intended to halt activities while the state government develops a comprehensive legal framework for data center development. While dozens of municipal and county-level moratoriums are in place throughout the U.S., and while the legislatures of several states, including Maine, have proposed moratoriums, the Order is the first statewide moratorium to be enacted nationally. Read the full story...
    Reprinted courtesy of Joshua L. Sturtevant, Sheppard
    Mr. Sturtevant may be contacted at jsturtevant@sheppard.com

    2026 Colorado Super Lawyers Recognizes 11 Snell & Wilmer Attorneys

    May 05, 2026 —
    DENVER – Snell & Wilmer is pleased to announce that eleven attorneys in its Denver office have been selected for inclusion in the 2026 Colorado Super Lawyers publication. Of those eleven, four were recognized as Rising Stars. Super Lawyers is a listing of lawyers from more than 70 practice areas who have attained a high degree of peer recognition and professional achievement. The selection process is multi-phased and includes independent research, peer nominations, and peer evaluations. The final published list represents no more than 5 percent of the lawyers in the state. Read the full story...
    Reprinted courtesy of Snell & Wilmer

    Travelers Injury Impact Report Highlights Longer Recovery Times Amid Declining Injury Rates

    May 05, 2026 —
    HARTFORD, Conn.--(BUSINESS WIRE)--The Travelers Companies, Inc. (NYSE: TRV) today released its 2026 Injury Impact Report, an analysis of more than 1.2 million workers compensation claims received by the company from 2021 through 2025. The report finds that even as workplace injury rates decline, the injuries that do occur are growing more complex and taking longer to heal – a trend driven by an aging workforce and the disproportionate vulnerability of first-year employees. “The decrease in workplace injuries is a positive story, yet injured workers are still missing an average of 80 workdays,” said Claude Howard, Vice President of Workers Compensation Claim at Travelers. “This report is a reminder that progress doesn’t mean the risk environment requires any less attention, and an employer’s commitment to safety must keep pace with an ever-evolving workforce and injury landscape.” Read the full story...
    Reprinted courtesy of The Travelers Companies, Inc.

    Managing Rising Costs and Shifting Legal Risk for Florida High-Rise and Condominium Projects

    May 05, 2026 —
    Florida's construction defect landscape is experiencing a major shift. The convergence of material and labor cost volatility, regulatory tightening, and increasingly complex litigation strategies is forcing associations, developers, and their counsel to rethink how they approach risk management and dispute resolution. For those managing large-scale condo and high-rise projects, the stakes have never been higher. The Cost Volatility Trap Construction material prices rose at a "staggering" 12.6% annualized rate during the first two months of 2026, according to recent industry analysis. Tariff impacts are projected to lead to more increases of 5.4% to 6.8%, depending on property type. For associations facing construction defect claims, this volatility creates a cascading problem: repair scopes defined two years ago are now dramatically underpriced, and damage calculations that appeared reasonable at discovery are obsolete by the time of settlement. Courts and mediators are increasingly scrutinizing how cost estimates were developed and whether they account for existing market circumstances. Associations must now commission updated repair assessments more frequently, a practice that increases investigation costs but strengthens the credibility of damage claims. Conversely, defendants are weaponizing cost inflation as a defense, arguing that claimed damages are speculative or inflated. The practical result: repair sequencing and phasing strategies have become critical litigation tools. Associations that can demonstrate a rational, cost-effective repair plan tied to current market data are more favorably placed in settlement negotiations. Regulatory Pressure and Deliberate Timing Florida's 2026 condo compliance regime has significantly changed the defect claims landscape. Elevated transparency requirements, stricter reserve funding mandates, and tightened building safety inspection protocols mean that associations now face dual pressures: Comply with new regulations while simultaneously handling construction defect exposure. This regulatory environment is changing investigation and documentation strategy. Associations that delay defect investigation to avoid triggering reserve funding obligations or disclosure requirements are taking on considerable legal risk. Recent case law such as the Third District Court of Appeal's reaffirmation of Chapter 558's pre-suit mediation requirements, underscores Florida's intent to resolve disputes early. Associations that move deliberately and record carefully during the pre-suit phase gain leverage in mediation and reduce the risk of expensive litigation. Timing also intersects with repair sequencing. Associations must now balance the urgency of compliance inspections against the strategic advantage of phased repairs. Some associations are using compliance deadlines as a forcing mechanism to accelerate settlement discussions, while others are sequencing repairs to demonstrate good-faith remediation efforts before litigation commences. The Emerging Risk Transfer Challenge As construction defect claims grow more complex and costly, the traditional risk transfer systems, such as design-build warranties, contractor bonds, and insurance, are proving inadequate. Developers and general contractors are increasingly shifting risk to subcontractors and material suppliers, fragmenting liability and complicating recovery efforts for associations. Permitting and approval friction is also creating new litigation pressure points. Delays in municipal approvals, changes to building code interpretations, and disputes over remedial work compliance continue to spawn collateral claims that go beyond the original defect. Associations must now anticipate not only defect liability but also regulatory compliance disputes with municipalities, creating a dual-front legal challenge. For large communities, this means reconsidering the entire risk architecture. Insurance carriers are tightening coverage, and traditional indemnification chains are breaking down. Forward-thinking associations are engaging counsel earlier in the development process to negotiate clearer risk allocation provisions and more robust insurance requirements. Taking a Data-Driven Approach Managing rising costs and shifting legal risk in Florida's high-rise and condo market requires a more sophisticated, data-driven approach. Associations must commission frequent cost updates, move deliberately through pre-suit investigation and mediation, and challenge traditional assumptions about risk transfer. Developers and their counsel should view regulatory compliance not as a burden but as an opportunity to demonstrate good-faith risk management and strengthen settlement positioning. The firms and associations that succeed in 2026 will be those that treat cost volatility, regulatory change, and litigation strategy not as separate challenges but as linked elements of a coherent risk management framework. Stephen Hauptman is special counsel in Ball Janik LLP’s Fort Lauderdale office. He may be reached at shauptman@balljanik.com.

    What Is the Independent Tort Doctrine? New Case Explains…

    August 24, 2026 —
    Florida’s Sixth District Court of Appeals in Atout v. HHM Land Trust Dated October 29, 2013, 51 Fla.L.Weekly D1569a (Fla. 6th DCA 2026) recently included an extensive discussion on Florida’s independent tort doctrine. The independent tort doctrine is an important legal doctrine, particularly when parties are in contractual privity. This doctrine stands for the proposition that tort claims must be independent of any breach of contract. See Atout, supra. The Sixth District’s extensive discussion analyzed the indicators to determine this “independence,” which may arise from the source of the duty, the asserted conduct, the damages sought, or even public policy: Unlike claims that rely on contractual relationships, an “independent” tort is often characterized by a duty imposed by law rather than by agreement. As to this consideration, United States District Court Judge Steven Merryday has explained that the independent tort doctrine honors the same divide as the economic loss rule, but rather than looking at the nature of the loss, it focuses on the source of the duty allegedly breached. “If a contract imposes a duty, and the defendant breaches that duty, the plaintiff must sue for breach of contract. If society imposes the duty, the plaintiff must sue in tort.” Following this reasoning, courts should consider whether the alleged breach of a duty in tort coincides or overlaps with a duty imposed by a contract. If the duty at issue is within the scope of a contract, and the relationship of the parties that led to the creation of that duty stems from a contract, then that duty’s source is from contract and any alleged tort claims based on a breach of those duties may not be “independent.” Read the full story...
    Reprinted courtesy of David Adelstein, Kirwin Norris
    Mr. Adelstein may be contacted at dma@kirwinnorris.com

    Late Notice Bars Insured’s Claim for Wind Damage

    June 29, 2026 —
    The court found that a six-month delay in reporting damage from wind did not comply with the policy’s notice requirements. Touchmark Hotel Group, LLC v. Mt. Hawley Ins. Co., 2026 U.S. Dist. LEXIS 61910 (S.D. N. Y. March 24, 2026). A storm caused damage to Touchstone’s hotel on January 4, 2023. Touchstone’s corporate representative, Rohit Patel, testified that he was not at the property on the day of the storm. In a telephone call the next day, the manager of the property reported to Patel that he observed detached shingles from the roof the hotel in the parking lot. Patel testified that he did not file a claim at that time because Touchmark’s employees did not detect any water leakage in the building and because he did not believe that the cost of the damage from the storm would exceed the policy’s deductible. Read the full story...
    Reprinted courtesy of Tred R. Eyerly, Damon Key Leong Kupchak Hastert
    Mr. Eyerly may be contacted at te@hawaiilawyer.com