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

    HHMR Attorneys Steve Heisdorffer and Dave McLain Named to 2026 Super Lawyers List

    Second Circuit Court Differentiates the Standard for Determining Evident Partiality for a Neutral Arbitrator and a Party-Appointed Arbitrator

    Beyond the Disneyland Resort: World Class Shopping Experiences

    Seven Proactive Steps to Avoid Construction Delay Disputes

    Newmeyer & Dillion Gets Top-Tier Practice Area Rankings on U.S. News – Best Lawyers List

    Recession Graduates’ Six-Year Gap in Homeownership

    Another Smart Home Innovation: Remote HVAC Diagnostics

    Review your Additional Insured Endorsement

    Major Change to Residential Landlord Tenant Law

    Recovering Attorney’s Fees and Arguing the Fees Are Inextricably Intertwined

    Fire Consultants Cannot Base Opinions on Speculation

    Capitol View-Corridor Restrictions Affect Massing of Austin’s Tallest Tower

    GRSM Multi-Office Team Secures Dismissal of Claims for Global Paint and Coatings Manufacturer Under the Federal Hazardous Substances Act

    Vacation Rentals: Liability of the Owner for Injury Suffered by the Renter

    Real Estate & Construction News Roundup (7/17/24) – Housing Inflation to Remain High, Proptech Investment to Fall and Office Vacancy Rates to Reach Peak in 2025

    FEMA Fire Management Assistance Granted for the French Fire

    Industry News: New Partner at Burdman Law Group

    How Many New Home Starts are from Teardowns?

    City and Contractor Disclaim Responsibility for Construction Error that Lead to Blast

    French Laundry Spices Up COVID-19 Business Interruption Debate

    The Architecture of Tomorrow Mimics Nature to Cool the Planet

    Boston Construction Bands With Health Care to Fight COVID-19

    Gillotti v. Stewart (2017) 2017 WL 1488711 Rejects Liberty Mutual, Holding Once Again that the Right to Repair Act is the Exclusive Remedy for Construction Defect Claims

    Kahana Feld Enters National Law Journal 500 List for 2025

    Under Colorado House Bill 17-1279, HOA Boards Now Must Get Members’ Informed Consent Before Bringing A Construction Defect Action

    $1.9 Trillion Stimulus: Five Things Employers Need to Know

    Under New York Law a Recourse Provision Bars Most Claims Except for Fraud

    Warranty of Workmanship and Habitability Cannot Be Disclaimed or Waived Under Any Circumstance

    CA Supreme Court: Right to Repair Act (SB 800) is the Exclusive Remedy for Residential Construction Defect Claims – So Now What?

    San Francisco House that Collapsed Not Built to Plan

    Emerging Issues in Construction CGL Insurance Part 2: The Separation of Insureds and Additional Insured Interests

    Should I Pull the Pin? Contractor and Subcontractor Termination for Cause

    No Entitlement to Reimbursement of Pre-Tender Fees

    Understanding the California Consumer Privacy Act

    BHA’s Next MCLE Seminar in San Diego on July 25th

    Montreal Bridge Builders Sue Canada Over New Restrictions

    Massachusetts Judge Holds That Insurer Breached Its Duty To Defend Lawsuit After Chemical Spill

    Pennsylvania: Searching Questions Ahead of Oral Argument in Domtar

    Traub Lieberman Partners Ryan Jones and Scot Samis Obtain Affirmation of Final Summary Judgment

    Call to Conserve Power Raises Questions About Texas Grid Reliability

    Florida Property Bill Passes Economic Affairs Committee with Amendments

    Some Construction Contract Basics- Necessities and Pitfalls

    Pulled from the Swamp: EPA Wetland Determination Now Judicially Reviewable

    9 Basic Strategies for Pursuing Coverage for Construction Accident Claims

    Understanding the Limits of Privilege When Applied to Witness Prep Sessions

    Colorado HB 13-1090: Concerning Payment of Amounts Due Under a Construction Agreement

    A Recession Is Coming, But the Housing Market Won't Trigger It

    Suffolk and MassDOT Texts Played Role in State Contract Rebid Controversy

    MapLab: Why More Americans Are Moving Toward Wildfire

    Harmon Tower Case Settled Prior to Start of Trial
    Corporate Profile

    ANAHEIM CALIFORNIA CONSTRUCTION EXPERT WITNESS
    DIRECTORY AND CAPABILITIES

    Through over four thousand construction related expert witness designations, the Anaheim, California Construction Expert Directory offers a wide range of trial support and construction consulting services to construction claims professionals concerned with construction defect, scheduling, and delay claims. BHA provides construction related litigation support and expert consulting services to the nation's leading construction practice groups, Fortune 500 builders, general liability carriers, owners, as well as a variety of public entities. In connection with regional assets which comprise licensed architects, registered professional engineers, ASPE certified professional estimators, ICC Certified inspection and testing professionals, the construction experts group brings national experience and local capabilities to Anaheim and the surrounding areas.

    Anaheim California roofing and waterproofing expert witnessAnaheim California construction expert witnessesAnaheim California construction scheduling and change order evaluation expert witnessAnaheim California hospital construction expert witnessAnaheim California construction defect expert witnessAnaheim California stucco expert witnessAnaheim California window expert witness
    Construction Expert Witness News & Info
    Anaheim, California

    Federal Court Highlights the Strategic Value of Additional Insured Coverage

    June 22, 2026 —
    A recent decision from the District of Maryland underscores a recurring—but often underutilized—opportunity for policyholders: securing and enforcing additional insured coverage under another party’s liability policy. In Charter Oak Fire Insurance Co. v. Builders Premier Insurance Co., the court held that an equipment lessor qualified as an additional insured under the lessee’s policy and was entitled to a primary defense. The decision is a useful reminder that additional insured coverage can fundamentally shift defense obligations and materially reduce a policyholder’s exposure. We build on the decision to highlight the practical steps policyholders should take to ensure that all potentially available insurance is identified and pursued. Read the full story...
    Reprinted courtesy of Michael S. Levine, Hunton Andrews Kurth LLP
    Mr. Levine may be contacted at mlevine@hunton.com

    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.

    That’s a Wrap! Pennsylvania Court Holds Arbitration Clause in Online Agreement Unenforceable

    May 14, 2026 —
    In Duffy v. Tatum, 2026 Pa. Super. LEXIS 112, 2026 PA Super 41, the Superior Court of Pennsylvania (Superior Court) considered whether an arbitration provision contained in the online Terms of Service on the defendant’s website were enforceable. The plaintiff, Daniel Duffy (Duffy), visited the website of defendant, Dolly, Inc. (Dolly), to purchase moving services. Duffy selected the number of movers, items to be moved and the type of vehicle needed. To complete the booking, the website required Duffy to checkmark a box labeled “By checking this box I accept the Dolly Terms of Service.” Duffy did not have to open the link or scroll to the bottom of the agreement before being able to click on the checkmark box. The Terms of Service included an arbitration provision requiring that any dispute related to the moving services to be resolved by arbitration in accordance with the American Arbitration Association. The Terms of Service did not include any statement that the user was waiving the right to a jury trial. The Superior Court found the internet Terms of Service unenforceable. During the moving process, an accident occurred and injured Duffy. In May 2024, Duffy and his wife sued Dolly and other related entities alleging negligence and loss of consortium. Dolly filed preliminary objections alleging that the parties agreed to alternative dispute resolution. The lower court overruled the preliminary objections, finding that Dolly’s website did not provide reasonably obvious notice of its Terms of Service to Duffy and, as such, Duffy never agreed to waive his constructional right to a jury trial. Dolly filed an appeal to the Superior Court. Read the full story...
    Reprinted courtesy of Gus Sara, White and Williams LLP
    Mr. Sara may be contacted at sarag@whiteandwilliams.com

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

    June 15, 2026 —
    Kahana Feld partner Leigh Katz obtained a significant victory in a recent matter involving a videotaped alleged trip and fall on the sidewalk in front of the client’s commercial residence. The plaintiff claimed he suffered a knee injury that necessitated surgery, along with other assorted injuries that prevented him from continuing high-level athletic activities. Leigh was able to demonstrate that the fall was staged and received a voluntary discontinuance with prejudice. At mediation, Leigh emphasized that KF’s expert witness challenged the plaintiff’s claim that the fall was caused by a sidewalk height differential after reviewing the videotape footage and determining the plaintiff’s fall began before his feet made contact with the alleged defect. Based on this analysis, the expert concluded the reported height differential did not initiate the fall, which supported KF’s position that the incident depicted in the video was unrealistic and appeared staged. Read the full story...
    Reprinted courtesy of Leigh Katz, Kahana Feld
    Ms. Katz may be contacted at lkatz@kahanafeld.com

    'Drywall Isn't Light': Peter Lupo on Safety Management at Standard Drywall

    May 26, 2026 —
    Peter Lupo has been safety director since 2019 at San Diego-based Standard Drywall Inc., a major wall and ceiling contractor. He draws on over two decades of safety experience across a wide range of commercial construction work, having previously served as safety director for general contractor T.B. Penick & Sons. He has also previously operated Peter Lupo Consulting, where he reviewed legal cases and provided expert testimony, and blogged on safety for ENR.com. Lupo recently spoke to ENR Correspondent Elaine Silver about the weight of drywall, heat hazard control, bilingual crews and how he supports safety creativity and learning on the Standard Drywall staff. The conversation has been edited. Read the full story...
    Reprinted courtesy of Elaine Silver, Engineering News-Record
    ENR may be contacted at enr@enr.com

    Underlying Complaint Alleges Possibility of Coverage, Triggering Duty to Defend

    September 15, 2026 —
    In a dispute among insurers for various defendants in the underlying case regarding the providing of a defense, the Second Circuit vacated, in part, the district court’s judgment and remanded the case. New Your Marine and Gen. Ins. Co. v. Fed. Ins. Co., 2026 U.S. App. LEXIS 18087 (2nd Cir. June 23, 2026). Mary Guzman, who worked for a cleaning company, PBM, LLC, alleged that she was injured when a glass panel in a revolving door fell onto her as she cleaned the door. She filed suit in state court against the owners of the building as well as the lessee of the fifteenth floor where the accident occurred, Bank of New York Mellon (Bank). She alleged the owners and the Bank were negligent in creating the dangerous condition that caused her injury. Read the full story...
    Reprinted courtesy of Tred R. Eyerly, Damon Key Leong Kupchak Hastert
    Mr. Eyerly may be contacted at te@hawaiilawyer.com

    Endra Rethinks MEP Design with AI

    July 06, 2026 —
    Niklas Lindgren, co-founder and CEO of Endra, joins the AEC Business Podcast to discuss why his Stockholm-based startup is rebuilding MEP design from the ground up with AI. Endra recently raised $50 million in Series A funding and counts some of the world’s largest engineering consultancies as customers. Niklas explains why Revit’s underlying data model is too coarse to support deep automation, and why Endra built its own granular 3D data model instead of working as a plugin. He describes Endra’s “spatial AI” approach to routing conduit and ductwork without clashes, and how the platform models entire electrical systems, from receptacle to transformer, inside a single source of truth. Read the full story...
    Reprinted courtesy of Aarni Heiskanen, AEC Business
    Mr. Heiskanen may be contacted at aec-business@aepartners.fi

    New Executive Order on AI Innovation and Security: Key Takeaways for the Construction Industry

    June 15, 2026 —
    On June 2, 2026, President Trump signed an Executive Order titled “Promoting Advanced Artificial Intelligence Innovation and Security.” At its core, the Order is a cybersecurity and national-security measure rather than a broad regulation of how private companies develop or use AI. It directs federal agencies to harden government systems against AI-enabled cyber threats, establishes voluntary frameworks for collaboration between the federal government and the AI and critical-infrastructure sectors, and strengthens criminal enforcement against the malicious use of AI. Notably, the Order expressly disclaims any intent to create a “mandatory governmental licensing, preclearance, or permitting” regime for the “development, publication, release, or distribution of new AI models.” Instead, the Executive Order seeks to “promote AI innovation and security” by working with the private sector to modernize government and private-sector information systems and harden them against external threats, protect intellectual property from exploitation or theft, and cultivate American AI capabilities. Reprinted courtesy of Richard R. Volack, Peckar & Abramson, PC and Denis Serkin, Peckar & Abramson, PC Mr. Volack may be contacted at rvolack@pecklaw.com Mr. Serkin may be contacted at dserkin@pecklaw.com Read the full story...