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

    The Riskiest Housing Markets in the U.S.

    Workplace Safety–the Unpreventable Employee Misconduct Defense

    The Economic Loss Rule: From Where Does the Duty Arise?

    What to do When the Worst Happens: Responding to a Cybersecurity Breach

    Defense Owed to Insured Subcontractor, but not to Additional Insured

    Hurricane Harvey: Understanding the Insurance Aspects, Immediate Actions for Risk Managers

    Eyes on the Sky: Regulating DJI Drones on Federal and Private Construction Sites

    North Dakota Universities Crumble as Oil Cash Pours In

    Select the Best Contract Model to Mitigate Risk and Achieve Energy Project Success

    Follow the Dispute Resolution Provision(s) in Your Contract

    Prevent Costly Curb Box Damage Due on New Construction Projects

    The Choice Is Yours – Or Is It? Anti-Choice-of-Laws Statutes Applicable to Construction Contracts

    Retrofitting Buildings Is the Unsexy Climate Fix the World Needs

    AB 1701 – General Contractor Liability for Subcontractors’ Unpaid Wages

    Things You Didn't Know About Your Homeowners Policy

    UCF Sues Architects and Contractors Over Stadium Construction Defects

    Brief Discussion of Enforceability of Anti-Indemnity Statutes in California

    Nondelegable Duties

    Loss of Use From Allegedly Improper Drainage System Triggers Defense Under CGL Policy

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

    When OSHA Cites You

    With VA Mechanic’s Liens Sometimes “Substantial Compliance” is Enough (but don’t count on it) [UPDATE]

    Application of Frye Test to Determine Admissibility of Expert

    Concerns Over Unstable Tappan Zee Bridge Push Back Opening of New NY Bridge's Second Span

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

    New York’s Highest Court Weighs in on N.Y. Labor Law

    Trend Continues Where Unlicensed Contractors Have No Recourse

    DOE Abruptly Cancels $13B Cleanup Award to BWXT-Fluor Team

    Dusseldorf Evacuates About 4,000 as World War II Bomb Defused

    Singer Akon’s Multibillion-Dollar Futuristic City in Africa Gets Final Notice

    Tenants Who Negligently Cause Fires in Florida Beware: You May Be Liable to the Landlord’s Insurer

    Construction Payment Remedies: You May be Able to Skate by, But Why?

    New Jersey Supreme Court Holding Impacts Allocation of Damages in Cases Involving Successive Tortfeasors

    Parking Garage Collapse May Be Due to Construction Defect

    Judge Rejects Extrapolation, Harmon Tower to Remain Standing

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

    This Company Wants to Cut Emissions to Zero in the Dirty Cement Business

    Sanctions Award Against Pro Se Plaintiff Upheld

    Anchoring Abuse: Evolution & Eradication

    Thank You Once Again for the Legal Elite Election for 2022

    Personal Guarantor Cannot Escape a Personal Guarantee By…

    Motions to Dismiss, Limitations of Liability, and More

    E-Commerce Logistics Test Limits of Tilt-Up Construction

    Falling Tree Causing Three Injuries/Deaths Is One Occurrence

    NARI Addresses Construction Defect Claim Issues for Remodeling Contractors

    New Report Outlines Roadmap for Construction Jobsites to Cut Carbon Emissions by 2040

    CSLB Releases New Forms and Announces New Fees!

    How a Robot-Built Habitat on Mars Could Change Construction on Earth

    Transplants Send Nashville Home Market Upwards

    A Trio of Environmental Decisions from the Fourth Circuit
    Corporate Profile

    ANAHEIM CALIFORNIA CONSTRUCTION EXPERT WITNESS
    DIRECTORY AND CAPABILITIES

    Leveraging from approximately five thousand engineering, construction, and builders standard of care related expert designations, the Anaheim, California Construction Expert Directory provides a wide range of trial support and construction consulting services to attorneys and construction practice groups concerned with construction defect and claims matters. BHA provides construction related trial support and expert services to the industry's most recognized construction attorneys, Fortune 500 builders, CGL carriers, owners, as well as a variety of public entities. Employing in house resources which comprise construction cost, scheduling, and delay experts, professional engineers, ASPE certified professional estimators, and construction safety professionals, the construction experts group brings specialized experience and local capabilities to Anaheim and the surrounding areas.

    Anaheim California building code expert witnessAnaheim California architecture expert witnessAnaheim California construction forensic expert witnessAnaheim California OSHA expert witness constructionAnaheim California construction defect expert witnessAnaheim California engineering consultantAnaheim California construction expert testimony
    Construction Expert Witness News & Info
    Anaheim, California

    Lawmakers Vote to Reauthorize Programs to Support Water Quality, Coastal Protection

    April 20, 2026 —
    The U.S. House of Representatives has passed a package of 14 bills that includes measures to reauthorize several U.S. Environmental Protection Agency programs to protect and restore critical water ecosystems, expand access to broadband, reduce regulatory requirements on airport projects and programs and lower costs of federal buildings. Read the full story...
    Reprinted courtesy of Pam McFarland, Engineering News-Record
    Ms. McFarland may be contacted at mcfarlandp@enr.com

    Daily Journal Publishes Article by Brenda Radmacher on Proposed Overhaul of California Construction Defect Law

    June 29, 2026 —
    Daily Journal (California) featured an article by Construction Law partner Brenda Radmacher, “A new path for construction defects in California.” The piece, published on June 15, 2026, examines Assembly Bill 1903 and its potential to significantly reshape California’s construction defect framework, particularly for common interest properties. The article highlights how AB 1903 would overhaul the state’s current right-to-repair system by mandating completion of prelitigation procedures, raising requirements for defect claims, strengthening developers’/builders’ rights to repair, and introducing a voluntary “certified building” program. The legislation aims to rebalance competing interests by reducing litigation-driven costs while preserving protections for homeowners. Read the full story...
    Reprinted courtesy of Brenda Radmacher, Seyfarth Shaw LLP
    Ms. Radmacher may be contacted at bradmacher@seyfarth.com

    Turnover Traps for Community Associations: Investigate First, Release Claims Later

    April 14, 2026 —
    Turnover of a community association from developer control to owner control is a uniquely vulnerable moment. Developers are increasingly presenting Florida condominium and homeowners’ associations with “standard” settlement or release agreements at turnover, often being framed as routine steps to finalize the transition of control. In reality, these agreements can have sweeping consequences, including the release of construction-defect claims before the association has conducted any meaningful independent evaluation. The developer has years of project knowledge and access to plans, subcontractors, and internal records. The newly elected board is just beginning to organize, obtain documents, and understand the property’s condition. Many defects, especially those involving roofing, waterproofing, windows, or structural components, are latent and not yet visible. Signing a release at this stage means the association is making a binding decision under conditions of uncertainty, without full information, to release all future potential claims. Over the last few years, there has been a rise in reports of developers offering a packaged deal: they agree to complete certain repairs, often minor punch-list or cosmetic items, and to “forgive” an alleged financial deficit (often around $50,000) supposedly owed by the association from the developer-control period. In exchange, the association is asked to sign a broad release covering all claims, including known and unknown construction defects. To a new HOA board that received their community with limited operating and reserve funds, they are left with a difficult decision to either accept the developer’s offer or assess their owners to pay this alleged debt. These agreements are occasionally presented through community management companies, which may describe them as “standard” or "routine.” Whether due to misunderstanding or influence from the developer, management companies can unintentionally reinforce the idea that signing is expected. Any recommendation provided to HOAs about whether to sign these releases could open community management to liability down the road. The best practice for both associations and community managers is to refer any agreements to be reviewed by general counsel for the association. The following two case studies illustrate the real-world consequences: Case Study One: A newly transitioned board relies on its management company to negotiate with the developer-builder to resolve irrigation issues, pond concerns, and signage deficiencies, along with forgiving an asserted financial shortfall. In exchange, the board signs a broad release covering all claims, including latent defects. Within a year, several punch-list items remain incomplete, and more serious issues arise. When the association demands completion, the developer delays, prompting the association to seek advice on how to enforce the settlement agreement. The association hires counsel to hold the developer responsible for both the previously agreed-upon items and newly identified construction defects. However, when the association brings claims against the developer, the developer points to the release of all potential construction defects in the community. Thus, the only remaining remedy is limited to enforcement of the specific punch-list terms. The community, still relatively new, has no viable claims against the developer-builder for the construction defects. With warranties expired and the release, the association must fund repairs through special assessments, despite defects that would otherwise have been actionable. Case Study Two: A community is presented with a similar agreement as above. The management company encourages execution, suggesting it is standard and even telling the board to “name your price.” The developer also pressures the newly elected board to sign. Instead of signing, the board consults with their attorney. Counsel advises the board not to sign the release and recommends further investigation. Engineers are retained and identify early indicators of broader issues, including stucco cracking, water intrusion, and irrigation deficiencies. Based on this information, the association declines to sign the release. Subsequent evaluation reveals potentially significant construction-defect claims, allowing the community to pursue recovery that would have been lost under the proposed agreement. These scenarios underscore a fundamental point: signing a release at turnover is not an administrative formality—it is a major legal decision. Board members act in a fiduciary capacity on behalf of their community, and their decisions can bind all current and future owners. At turnover, an association’s right is to investigate and pursue claims. Preserving that right until a full and independent evaluation is completed is not adversarial—it is responsible governance. Accordingly, associations should retain independent evaluations of the property and consult qualified legal counsel before signing any “standard” agreements, especially ones involving a release of future claims. Nicholas B. Vargo is a partner in Ball Janik LLP’s Construction Practice Group. He may be reached at nvargo@balljanik.com.

    Legal 500 US Ranks Hunton’s Insurance Coverage Team Among Top Policyholder Practices in 2026 Guide

    July 06, 2026 —
    Hunton’s insurance coverage practice was once again recognized among the nation’s top policyholder insurance practices, receiving a Band 2 national ranking in the 2026 United States Edition of The Legal 500 for Insurance: Advice to Policyholders. The Legal 500 recognizes firms solely based on merit through numerous factors including client feedback and peer input. Bolstering the team’s national recognition, several coverage lawyers received individual accolades: special counsel Lorelie “Lorie” S. Masters was named to The Legal 500’s Hall of Fame; team head Syed S. Ahmad and partner Michael S. Levine were named Leading Lawyers; and partners Andrea DeField and Latosha M. Ellis were named Next Generation Partners. In addition, partners Walter J. Andrews, Lawrence J. Bracken II, and Koorosh “KT” Talieh were recognized as Key Lawyers on the team. Read the full story...
    Reprinted courtesy of Hunton Andrews Kurth LLP

    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.

    Generic Complaint Alleging Bad Faith is Insufficient

    August 24, 2026 —
    The federal district court granted the insurer’s motion for judgment on the pleadings after determining that the insured’s claims for bad faith and unfair claims settlement practices were insufficiently pled. Navia v. State Farm Fire & Cas. Co., 2026 U.S. Dist. LEXIS 111261 (W.D. N. C. May 20, 2026). The insured submitted a claim for damages to real property owned by the insured allegedly caused by Hurricane Helene. State Farm advised the insured that only some of the claimed damages were covered by the policy and payment for such damages were denied because the estimate for the covered damages did not exceed the policy’s deductible. The insured sued asserting claims for breach of contract, bad faith, and unfair claim settlement practices. Read the full story...
    Reprinted courtesy of Tred R. Eyerly, Damon Key Leong Kupchak Hastert
    Mr. Eyerly may be contacted at te@hawaiilawyer.com

    11 Payne & Fears Attorneys Honored by Best Lawyers

    August 24, 2026 —
    Congratulations to the 11 Payne & Fears attorneys included in the 2027 Edition of “Lawyer of the Year” and The Best Lawyers In America®. Attorneys have been recognized in the following practice areas: “Lawyer of the Year” (2027 Edition) Orange County
    • Benjamin A. Nix
      • Trade Secrets Law
    The Best Lawyers in America® (2027 Edition) Irvine, CA
    • Jeffrey K. Brown
      • Employment Law – Management
      • Labor Law – Management
      • Litigation – Labor and Employment
    • Daniel F. Fears
      • Employment Law – Management
      • Labor Law – Management
      • Litigation – Labor and Employment
    • Daniel M. Livingston
      • Commercial Litigation
      • Litigation – Real Estate
    Read the full story...
    Reprinted courtesy of Payne & Fears

    Limitations of Liability Provisions in Construction Contracts: A Means to Manage Risk and Limit Financial Exposure

    June 23, 2026 —
    Taking a cue from architects and engineers, construction contractors have started inserting limitation of liability clauses in their construction contracts to manage risk and limit financial exposure. This article will address the specific risks that can be limited through an LOL, tips for negotiating the LOL terms with reluctant owners to cover those specific risks, how to limit unintended consequences of an LOL (such as relieving an insurer of its obligations to cover certain losses), and approaches to setting the amount of the liability cap in the LOL. Addressing Particular Risks An LOL can address a wide range of risks, including:
    • Damages for delay
    • Liability for non-conforming or defective work
    • Liability for third-party bodily injury or property damage
    • Liability excluded by a general liability policy (e.g., pollution and cyber liability)
    • Liability related to intellectual property
    Reprinted courtesy of Ellen Chapelle, Richard Reizen, Hannah Batsche, Construction Executive, a publication of Associated Builders and Contractors. All rights reserved. Read the full story...