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    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
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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

    Hurry Up and Wait! Cal/OSHA Hits Pause on Emergency Temporary Standards for COVID-19 Prevention

    Increasing Use of Construction Job Cameras

    Bert Hummel Appointed Vice Chair of State Bar of Georgia Bench & Bar Committee

    No Duty to Defend Additional Insured for Construction Defects

    Supreme Court Declines to Address CDC Eviction Moratorium

    Florida Law: Interplay of SIR and the Made-Whole Doctrine

    Kiewit Seeks Millions in Added Connecticut Pier Renovation Costs

    Voluntary Payments Affirmative Defense Does Not Apply in Contract Cases

    Florida Supreme Court Adopts Federal Summary Judgment Standard, Substantially Conforming Florida’s Rule 1.510 to Federal Rule 56

    Finding Plaintiff Intentionally Spoliated Evidence, the Northern District of Indiana Imposes Sanction

    Auburn Woods Homeowners Association v. State Farm General Insurance Company

    School Board Settles Construction Defect Suit

    Business Risk Exclusions (j) 5 and (j) 6 Found Ambiguous

    Firm Leadership – New Co-Chairs for the Construction Law Practice Group

    Just How Climate-Friendly Are Timber Buildings? It’s Complicated

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    Former Zurich Executive to Head Willis North America Construction Insurance Group

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    Pennsylvania: When Should Pennsylvania’s New Strict Products Liability Law Apply?

    More Construction Defects for San Francisco’s Eastern Bay Bridge Expansion

    Washington Supreme Court Upholds King County Ordinance Requiring Utility Providers to Pay for Access to County’s Right-of-Way and Signals Approval for Other Counties to Follow Suit

    Massachusetts Court Holds Statute of Repose Bars Certain Asbestos-Related Construction Claims

    Rebuilding After the 2025 Southern California Fires

    Navigating Disruption to Construction Projects Flowing From the America First Trade Policy

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    New York City Council’s Carbon Emissions Regulation Opposed by Real Estate Board

    Expert's Opinions On Causation Leads Way To Summary Judgment For Insurer

    Faulty Workmanship an Occurrence in Iowa – as Long as Other Property Damage is Involved

    Florida Contractor Says City Must Negotiate Rejected Bid

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    2021 Real Estate Trends: New Year, New Reality—A Day of Reckoning for Borrowers and Tenants

    Ball Janik LLP Continues Growth of the Miami Office with the Addition of Jocelyn Rocha

    Pollution Created by Business Does Not Deprive Insured of Coverage

    The ALI Restatement – What Lies Ahead?

    CDJ’s #7 Topic of the Year: The Las Vegas Harmon Hotel Year-Long Demolition & Trial Begins

    Federal Court Predicts Coverage In Utah for Damage Caused By Faulty Workmanship

    Contractor Sues Supplier over Defective Products

    From Ashes to Action: LA Fire Recovery Enters New Phase

    Enforcement Of Contractual Terms (E.G., Flow-Down, Field Verification, Shop Drawing Approval, And No-Damage-For-Delay Provisions)

    What You Don’t Know About Construction Law Can Hurt Your Engineering Firm (Law Note)

    Application Of Two Construction Contract Provisions: No-Damages-For-Delay And Liquidated Damages
    Corporate Profile

    ANAHEIM CALIFORNIA CONSTRUCTION EXPERT WITNESS
    DIRECTORY AND CAPABILITIES

    With over 4500 construction defect and claims related expert witness designations, the Anaheim, California Construction Expert Directory provides a wide spectrum of trial support and consulting services to attorneys and construction practice groups seeking effective resolution of construction defect and claims matters. BHA provides building related consulting and expert witness support services to the construction industry's most recognized companies, legal professionals, Fortune 500 builders, CGL carriers, owners, as well as a variety of state and local government agencies. Utilizing captive assets which comprise registered architects, professional engineers, licensed general and specialty contractors, the firm brings national experience and local capabilities to Anaheim region.

    Anaheim California construction defect expert witnessAnaheim California architectural engineering expert witnessAnaheim California construction project management expert witnessAnaheim California construction expertsAnaheim California fenestration expert witnessAnaheim California construction safety expertAnaheim California window expert witness
    Construction Expert Witness News & Info
    Anaheim, California

    Insured’s Failure to Determine Depreciation When Presenting Claim for Replacement Cost Value

    August 16, 2026 —
    The Third Circuit affirmed the district court’s granting of summary judgment to the insurer when the insured submitted replacement cost value of the loss but did not include a determination of depreciation. Kimmel v. Massachusetts Bay Ins. Co., 2026 U.S. App. LEXIS 16569 (3d Cir. June 9, 2026). A lightning strike downed a tree on the insured’s property, causing extensive damage to the home. The insured had a homeowner’s policy with Massachusetts Bay Insurance Company (MBIC). MBIC denied the claim, determining that much of the claimed damage already existed and that several policy exclusions otherwise barred coverage. The insured filed suit for breach of contract and bad faith. Read the full story...
    Reprinted courtesy of Tred R. Eyerly, Damon Key Leong Kupchak Hastert
    Mr. Eyerly may be contacted at te@hawaiilawyer.com

    Every High-Tech Building Has Many Lifespans

    August 16, 2026 —
    When I worked as an architect, our team designed a laboratory for fuel research. The facility included a large research hall where various boilers and other devices were tested and analyzed. The setup required extensive floor channeling under the thick concrete floor. We suggested building a modular system that would allow flexibility in the future, when requirements would certainly change. They did not want that because of budget constraints. The high-tech construction trend is spreading. Data centers, semiconductor fabs, battery plants, and life science facilities share one property that sets them apart from ordinary buildings. The technology inside turns over faster than the structure around it. Server generations change every three to five years. Rack densities have risen from 10 or 20 kW to 130 kW and beyond in just a few years. A high-tech facility is really several buildings with different lifespans inside one envelope, and we keep designing them as if they were one. The failure is not that things become obsolete. It is that we never say when each layer is expected to. Read the full story...
    Reprinted courtesy of Aarni Heiskanen, AEC Business
    Mr. Heiskanen may be contacted at aec-business@aepartners.fi

    LA Scores Major Victory in a High-Exposure Premises Liability Action

    July 06, 2026 —
    Our firm is proud to announce a decisive defense victory obtained by Partner Daniel Crespo and Associate Lauren Landau for our client in a high-exposure premises liability action arising from a 2022 incident at an active school construction site in Perris, California. On March 10, 2026, the Riverside County Superior Court granted Summary Judgment in full for our client, dismissing all claims brought by Plaintiff, who alleged she tripped and fell over a curb while picking up her daughter from school and sustained ankle and wrist injuries as a result. Through meticulous preparation and the strategic use of construction plans, contractual documents, and onsite surveillance video evidence, our team demonstrated that our client had no ownership, possession, or control over the portion of the existing sidewalk where the incident occurred, with construction plans unambiguously designating the area as pre-existing concrete outside our client’s scope of work, and the Construction Services Agreement expressly reserving control over all existing site improvements to the school district. Read the full story...
    Reprinted courtesy of Bremer Whyte Brown & O'Meara LLP

    Course of Construction Exclusions and the CGL Policy

    July 20, 2026 —
    I. Course of Construction Exclusions Course of Construction (“COC”) exclusions are found on General Liability and excess liability policies, typically a wrap-up or project specific policy, and generally exclude “all property damage occurring during the course of construction.” Insurers claim COC exclusions are not problematic because they are intended to prevent an overlap in coverage between the general liability policy and first-party property Builder’s Risk policy. However, because General Liability policies and Builder’s Risk policies provide coverage for different risks, COC exclusions can create a gap in coverage for owners and contractors. Therefore, any exclusion on a wrap-up or project specific policy that limits coverage for property damage liability should be scrutinized, and amendments sought when warranted and commercially achievable, for owners, developers and contractors because General Liability policies do not cover the same risk as that of a Builder’s Risk policy. General liability policies provide defense and indemnity to the insured(s) for claims made by a third-party against the insured. Broad COC exclusions serve to preclude coverage for all property damage, not just property damage to the insured project. This includes property damage to property other than the insured project, e.g. an adjacent property. On the other hand, Builder’s Risk policies provide first-party property coverage for direct physical loss to the project during the course of construction. The Builder’s Risk policy will not provide coverage for property other than the project itself (e.g., adjacent property) and it will not provide a defense or indemnity in the event the owner of the damaged property brings a claim against a potentially at-fault party. Reprinted courtesy of Anna M. Perry, Saxe Doernberger & Vita, P.C., Rachel S. Kindseth, Saxe Doernberger & Vita, P.C. and Nina Catanzaro, Saxe Doernberger & Vita, P.C. Ms. Perry may be contacted at APerry@sdvlaw.com Ms. Kindseth may be contacted at rkindseth@sdvlaw.com Ms. Catanzaro may be contacted at NCatanzaro@sdvlaw.com Read the full story...

    The “Pay When Paid” Clause in California Construction—Strategies as the Battle Continues

    August 03, 2026 —
    It is well known in California Construction circles that the “Pay If Paid” clause is illegal in this state. There is a great distinction, though, between this clause and a similar clause, known as a “Pay When Paid” clause. A pay if paid clause allows a contractor to tell a subcontractor that if the contractor is unpaid for the subcontractor’s work, then the contractor has no legal obligation to pay the subcontractor, ever. For a great variety of reasons, the California Supreme Court, in the case of Wm. R. Clarke Corp v. Safeco Ins. Co. of America (1997) 15 Cal.4th 882, declared this type of clause illegal in California Construction. Although the pay if paid clause is illegal in California, the pay when paid clause is still perfectly legal and is found in many subcontracts that contractors issue to their subcontractors. The pay when paid clause allows a contractor to delay paying its subcontractors until the dispute between the contractor and the property owner over payment has been resolved and the contractor is paid by the property owner. Although seemingly reasonable (since it merely delays payment until the contractor is paid by the owner, thereby providing a funding source to pay subcontractors), significant problems still arise. Read the full story...
    Reprinted courtesy of William L. Porter, Porter Law Group
    Mr. Porter may be contacted at bporter@porterlaw.com

    Traub Lieberman Wins Affirmation of Judgment on Pleadings Before the Seventh Circuit

    August 16, 2026 —
    Traub Lieberman Partners Dana Rice and Adam Joffe obtained affirmation of judgment from the Seventh Circuit Court of Appeals in favor of an Insurance Company. The Insurance Company filed suit seeking a declaration that it had no duty to defend or indemnify its Insured, a Roofing Contractor, in an underlying lawsuit. The Insurance Company issued a commercial general liability policy with a one-year policy term. The policy included an exclusion that barred coverage for any losses arising out of work the insured completed before the date the policy incepted. Reprinted courtesy of Dana A. Rice, Traub Lieberman and Adam P. Joffe, Traub Lieberman Mr. Rice may be contacted at drice@tlsslaw.com Mr. Joffe may be contacted at ajoffe@tlsslaw.com Read the full story...

    My Current Love-Hate Relationship with AI

    June 08, 2026 —
    It’s early in the relationship, I know. But still, there are some things that bug me. Yet, I also know that it’s a relationship in which leaving is not an option, and even if I could, it’s not to the point where it’s so bad that I would do so. So, if you would, let me gripe a bit. While there’s been much discussion about AI and, at least in my neck of the woods, a fair amount of discussion about how lawyers can, should, and must use AI or risk becoming discarded into the dustbin of history, much less has been written about clients’ use of AI. Increasingly, I’ve gotten the sense that my clients are using AI. For example, I had a client ask for confirmation that if he disagreed with an administrative decision that he could file a writ of mandate, and if so, whether that deadline was 30, 60 or 90 days after the administrative decision. The answer to the first question was yes, and as to the second question, the answer was 90 days. This was from a client who, smart as he is, probably didn’t know this off the top of his head. Read the full story...
    Reprinted courtesy of Garret D. Murai, Nomos LLP
    Mr. Murai may be contacted at gmurai@nomosllp.com

    Integration Can Inoculate in Utah

    July 20, 2026 —
    The Utah Court of Appeals recently reaffirmed, in the construction context, Utah’s strict approach to enforcing integration clauses to preclude parol evidence and other legal theories that would vary the written terms of a contract. In Reid v. All Surface LC, 2025 UT App 134, decided last September, the court affirmed in all respects the trial court’s grant of summary judgment based on the strength of an integration clause against a homeowner who sued a contractor for breach of contract, breach of the covenant of good faith and fair dealing, fraud, negligent misrepresentation, civil conspiracy, negligence, and breach of the implied warranty of habitability. More recently, however, the same court rejected those same arguments in Tidwell v. Jensen, 2026 UT App 13 as to tort claims arising from a used car sale. The facts in Reid were sympathetic to the plaintiff. After being told she had a mold issue near a defective basement shower, the plaintiff solicited bids. A remediation contractor advised that while it could address the mold, the shower replacement should be handled by someone else. The plaintiff contacted All Surface LC, a shower replacement contractor. During an interview, the sales representative stated that All Surface could “do full mold remediation, tear everything out, and reframe the shower.” The plaintiff ultimately retained All Surface, expecting it would both resolve the mold issues and replace the shower. Read the full story...
    Reprinted courtesy of Mark O. Morris, Snell & Wilmer
    Mr. Morris may be contacted at mmorris@swlaw.com