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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
    For Anaheim California

    OSHA Extends Temporary Fall Protection Rules

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    Builders FirstSource to Buy ProBuild for $1.63 Billion

    Altman Contractors, Inc. v. Crum & Forster Specialty Ins. Co.

    Texas EIFS Case May Have Future Implications for Construction Defects

    Insurer's Attempt to Challenge Appraisal Award Rejected

    Limitation on Coverage for Payment of Damages Creates Ambiguity

    Pending Sales of Existing Homes in U.S. Decline for Eighth Month

    Henderson Engineers Tests AI for Building Systems Design with Torch.AI

    No Duty to Defend under Homeowner's Policy Where No Occurrence, No Property Damage

    Construction Mezzanine Financing

    What Makes a Great Lawyer?

    California Beach Hotel to Get $185 Million Luxury Rebuild

    6,500 Bridges in Ohio Allegedly Functionally Obsolete or Structurally Deficient

    MDL Panel Grants Consolidation for One Group of COVID-19 Claims

    Hurricane Harvey Victims Face New Hurdles In Pursuing Coverage

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

    Hawaii Appellate Court Finds Agent May Be Liable for Failing to Submit Claim

    Notice Provisions in Contracts Matter

    Combating Climate Change by Reducing Embodied Energy in the Built Environment

    Client Alert: Stipulated Judgment For Full Amount Of Underlying Claim As Security For Compromise Settlement Void As Unenforceable Penalty

    Labor Intensive

    Perrin Construction Defect Claims & Trial Conference

    Utility Contractor Held Responsible for Damaged Underground Electrical Line

    Recovering For Inflation On Federal Contracts: Recent DOD Guidance On Economic Price Adjustment Clauses

    Resulting Loss Provision Does Not Salvage Coverage

    School Board Settles Construction Defect Suit

    Kahana Feld Obtains Favorable Result in High-Exposure NY Premises Liability Case

    Owner’s Slander of Title Claim Against Contractor Recording Four Separate Mechanics Liens Fails Under the Anti-SLAPP Statute

    Florida Is Not Playing Games with Unlicensed Contracting

    Industrialized Construction News 7/2022

    California Case Is a Reminder That Not All Insurance Policies Are Alike Regarding COVID-19 Losses

    Congratulations to Karen Baytosh and August Hotchkin on Their Recognition as 2021 Nevada Legal Elites!

    Court Upholds Denial of Collapse Coverage Where Building Still Stands

    Contractor Side Deals Can Waive Rights

    First Lumber, Now Drywall as Canada-U.S. Trade Tensions Escalate

    Wyoming Supreme Court Picks a Side After Reviewing the Sutton Rule

    Revel Closing Shows Gambling Is No Sure Thing for Renewal

    Fannie-Freddie Propose Liquidity Rules for Mortgage Insurers

    An Upward Trend in Commercial Construction?

    New Mexico Adopts Right to Repair Act

    Congratulations to Las Vegas Team on Their Successful Motion for Summary Judgment!

    Massachusetts SJC Clarifies “Strict Compliance” Standard in Construction Contracts

    Library to Open with Roof Defect Lawsuit Pending

    Properly Trigger the Performance Bond

    Houston’s High Housing Demand due to Employment Growth

    Pennsylvania Supreme Court Denies Review of Pro-Policy Decision

    Everyone’s Working From Home Due to the Coronavirus – Is There Insurance Coverage for a Data Breach?

    Additional Insured Not Entitled to Reimbursement of Defense Costs Paid by Other Insurers

    Government’s Termination of Contractor for Default for Failure-To-Make Progress
    Corporate Profile

    ANAHEIM CALIFORNIA CONSTRUCTION EXPERT WITNESS
    DIRECTORY AND CAPABILITIES

    Leveraging from approximately five thousand general contracting and design related expert designations, the Anaheim, California Construction Expert Directory provides a streamlined multi-disciplinary expert retention and support solution to construction claims professionals concerned with construction defect, scheduling, and delay claims. BHA provides construction related litigation support and expert witness 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 testifying architects, design engineers, construction cost and standard of care experts, licensed general and specialty contractors, the firm brings regional experience and local capabilities to Anaheim and the surrounding areas.

    Anaheim California testifying construction expert witnessAnaheim California architectural expert witnessAnaheim California construction expert witnessesAnaheim California window expert witnessAnaheim California construction defect expert witnessAnaheim California building code compliance expert witnessAnaheim California consulting architect expert witness
    Construction Expert Witness News & Info
    Anaheim, California

    Navigating Timelines and Technology: Patent Strategies for Space and Earth

    June 01, 2026 —
    More than half a century after the Apollo 11 landing fulfilled President John F. Kennedy’s bold vision, the global race back to the Moon is no longer theoretical. With renewed attention on NASA’s Artemis program and a surge of commercial investment in space infrastructure, lunar exploration is again shaping technology priorities here on Earth. Reprinted courtesy of Kate Nuehring Su, Engineering News-Record and Vanessa Wang, Engineering News-Record Read the full story...
    ENR may be contacted at enr@enr.com

    From Dark Data to Building Intelligence

    July 13, 2026 —
    In this episode, I talk with Mark Sorsa-Leslie, founder and CEO of Auttaa AI, whose team just won first place in Luotea’s inaugural hackathon in Helsinki for turning property maintenance from reactive firefighting into proactive forecasting with AI. Mark is a chartered surveyor with 30 years of real estate data experience, previously the founder of the UK sensor company Beringar. We discuss why so much building data stays dark and siloed, from outdated networking technology to the shortage of people who understand both engineering and property. Mark explains how Auttaa bridges real-time building data with large language models, using what he calls an “influence graph” to surface correlations and causation across previously disconnected systems, such as linking occupancy patterns to CO2 readings to diagnose ventilation problems in minutes rather than days. Read the full story...
    Reprinted courtesy of Aarni Heiskanen, AEC Business
    Mr. Heiskanen may be contacted at aec-business@aepartners.fi

    Arizona Court Enters $323 Million Judgment Against ZOM Living Following Unanimous Jury Verdict

    May 26, 2026 —
    PHOENIX, May 19, 2026 /PRNewswire/ -- A Maricopa County court has entered a $323 million compensatory damages judgment in favor of Gray Development Group against ZOM Holding Inc., doing business as ZOM Living, following a 12-day trial, a unanimous jury verdict and post-trial proceedings related to a proposed business transaction. The jury found ZOM liable on claims of breach of contract and breach of the implied covenant of good faith and fair dealing stemming from a proposed joint venture tied to a planned pipeline of luxury multifamily and commercial projects in Phoenix and Scottsdale. The lawsuit centered on a 13-project, $1.4 billion development pipeline originated and planned by Gray Development Group over more than a decade. In 2019, Gray invited Florida-based ZOM to participate in a joint venture involving the completion of five projects, which would have marked ZOM's entry into the Arizona market. According to court findings presented at trial, the companies entered into a mutual confidentiality and non-circumvention agreement before Gray shared extensive sensitive and proprietary information related to the projects, including planning, market analysis, costs, financial data, local business relationships and operational strategies developed by Gray over decades in Arizona. Evidence presented during trial showed that over a 10-month period while under contract, ZOM made hundreds of requests for confidential project and market information before circumventing Gray and pursuing the projects independently, ultimately displacing Gray from projects it spent years planning and developing. ZOM Living, headquartered in Orlando, develops multifamily and senior housing communities across the United States and operates regional offices in Boston, Dallas, Fort Lauderdale, Nashville, Phoenix, and Raleigh. ZOM is owned by Timeless Investments, the Amsterdam-based family office of Dutch businessman Hans van Veggel, which acquired the company in 1997. About Gray Development Group Gray Development Group was founded by architect Bruce Gray in 1991. The Phoenix-based company was the top-ranked multifamily developer in Arizona for more than a decade. The company designed and developed more than 15,000 apartment and condominium units throughout metropolitan Phoenix. Two Gray-designed developments — a Tempe midrise and a San Diego high-rise — received National Apartment Community of the Year awards.

    Doctrine of Substantial Performance When It Comes to Payment

    July 27, 2026 —
    A recent non-construction case touches upon the doctrine of substantial performance when it comes to payment. In this case, a club was to make two payments to secure a rapper’s attendance. The first payment was made. The second payment was made but was a few hundred dollars short of the agreed amount. The rapper did not show up. The club claimed it substantially performed its obligations. At first glance, the argument makes sense because the second payment fell only a few hundred dollars short. But that wasn’t the case when it comes to pre-commencement payment obligations:
    Substantial performance applies only when the variance from the contract terms “is inadvertent or unintentional and unimportant so that the work actually performed is substantially what was called for in the contract.” However, when one party agrees to pay the other on or before a specific date, time is of the essence, and the payor is required to pay the payee on or before that date. “There is almost always no such thing as ‘substantial performance’ of payment between commercial parties when the duty is simply the general one to pay. Payment is either made in the amount and on the date due, or it is not.”
    Big Gate Records, LLC v. Washington, 51 Fla.L.Weekly D1281a (Fla. 2nd DCA 2026) (internal citations omitted).
    Read the full story...
    Reprinted courtesy of David Adelstein, Kirwin Norris
    Mr. Adelstein may be contacted at dma@kirwinnorris.com

    Colorado’s New Mechanics’ Lien Protections: What S.B. 26-074 Means for Your Next Project

    October 27, 2026 —
    Starting August 12, 2026, Colorado’s mechanics’ lien statute underwent its most significant update in years. Colorado’s General Assembly enacted Senate Bill 26-074 on April 6, 2026, and the new law directly addressed a problem that has plagued contractors and subcontractors for decades. For years, a contractor and subcontractor who filed a lien for the full amount it believed was due — particularly when that amount included disputed costs, delay damages, or lost productivity — risked triggering the “excessive lien” penalty. That penalty could force the claimant to forfeit its lien rights entirely and pay the other side’s attorney fees. The new law expands the categories of costs to be claimed by good-faith lien claimants, while still protecting against truly abusive filings. General contractors, subcontractors, suppliers, owners, and lenders all need to understand these changes. What the Bill Changed 1. Lien Value May Include Disputed Amounts The bill amends the core lien statute to insert the phrase “whether disputed or undisputed” into the description of lienable value. Prior law referenced only “the value” of labor, services, or materials furnished. The new text confirms that a lien can attach for amounts the parties still dispute. A claimant no longer needs the owner or general contractor to agree on the amount before filing. Read the full story...
    Reprinted courtesy of Maria Conversa, Snell & Wilmer
    Ms. Conversa may be contacted at mconversa@swlaw.com

    The Construction Defect Litigation Podcast: Navigating Multi-Party Construction Defect Litigation

    September 08, 2026 —
    Kahana Feld Construction Defect Practice Group Chair Ivette Kincaid and attorney Thomas McCarrick recently joined the Construction Defect Litigation podcast to discuss the challenges—and strategies—behind complex construction defect matters involving multiple stakeholders. Drawing on their experience, Ivette and Thomas explore practical approaches to:
    • Identifying key parties and understanding how claims and crossclaims develop
    • Working with experts to evaluate defects, causation and damages
    • Managing procedural challenges, including scheduling, document management and depositions
    • Applying thoughtful case management strategies to position complex matters for successful resolution
    Reprinted courtesy of Ivette Kincaid, Kahana Feld and Thomas McCarrick, Kahana Feld Ms. Kincaid may be contacted at ikincaid@kahanafeld.com Mr. McCarrick may be contacted at tmccarrick@kahanafeld.com Read the full story...

    Alexander Hopkins Authors Law360 Article on Wisconsin Supreme Court Coverage Decision

    October 06, 2026 —
    Alexander Hopkins recently authored an Expert Analysis for Law360 examining a recent Wisconsin Supreme Court decision addressing coverage for water damage arising from alleged construction defects. In “Wis. Coverage Ruling Rejects Strict Ensuing Loss Test,” Alex explores the relationship between construction defect exclusions and ensuing loss provisions, and what the decision means for policyholders seeking coverage when an excluded condition contributes to subsequent damage. Read the full story...
    Reprinted courtesy of Alexander G. Hopkins, SDV Fenchurch
    Mr. Hopkins may be contacted at alexander.hopkins@sdvfenchurch.us

    Sometimes a General Damages Assessment is Enough. . .

    July 06, 2026 —
    It has been a while since I last posted here at Construction Law Musings. Life, law practice, and “blogger’s block” have taken their toll on the posting schedule. Hopefully this will be one of several upcoming posts now that the litigation schedule has lightened a bit over the summer. Today’s post is about damages. Specifically damage to a homeowner’s roof and her legal damages therefor. That last is of course a sentence that only a construction attorney (or other litigator) could possibly craft and have it make sense. Now, on with the case. . .In Hardesty Construction, Inc. v. Weedon, the facts are as follows: Ms. Weedon had hail damage to the roof of her home. She hired Hardesty Construction to repair and replace the roof. After the first roof was installed and failed inspection, a second roof was installed. The issue was that the first roof had a warranty and the second roof, installed similarly to the first (and allegedly with the same construction issues according to Ms. Weedon’s expert), was not provided with the promised warranty. As one may expect, Weedon sued Hardesty and Hardesty Construction for fraudulent inducement and breach of contract. At trial, Weedon testified, without objection, that her home was worth $40,000 less because of Hardesty Construction’s work, which was based partially on quotes Weedon received to fix the roof. The Circuit Court granted Hardesty Construction’s motion to strike Weedon’s fraudulent inducement claim, but not her other claims. A jury awarded Weedon $30,253.30 on her breach of contract claim. Hardesty Construction appealed, arguing the Circuit Court erred in (a) allowing the jury to consider Weedon’s valuation testimony because it was not based on her personal knowledge and (b) denying its motion to strike based on insufficient evidence as to damages. Weedon assigned cross-error in the Circuit Court’s decision to grant the motion to strike her fraudulent inducement claim against Samual Hardesty. Read the full story...
    Reprinted courtesy of The Law Office of Christopher G. Hill
    Mr. Hill may be contacted at chrisghill@constructionlawva.com