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:
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Construction Expert Witness News and Information
For Anaheim California
California’s Fifth Appellate District Declares the “Right to Repair Act” the Exclusive Remedy for Construction Defect Claims
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Injury to Employees Endorsement Eliminates Coverage for Insured Employer
Condo Owners Suing Bank for Failing to Disclose Defects
Incorporation by Reference in Your Design Services Contract– What Does this Mean, and Are You at Risk? (Law Note)
Background Owner of Property Cannot Be Compelled to Arbitrate Construction Defects
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Professor Stempel's Excpert Testimony for Insurer Excluded
Property Damage to Non-Defective Work Is Covered
New Defendant Added to Morrison Bridge Decking Lawsuit
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Insurer Cannot Abandon Defense Agreement on Underlying Asbestos Claims Against Insured
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Common Construction Contract Provisions: Indemnity Provisions
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A Changing Climate for State Policy-Making Regarding Climate Change
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The Construction Project is Late—Allocation of Delay
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First Circuit Rules Excess Insurer Must Provide Coverage for Fuel Spill
White and Williams Announces the Election of Five Lawyers to the Partnership and the Promotion of Five Associates to Counsel
Colorado Court Holds No Coverage for Breach of Contract Claim
Philadelphia Proposed Best Value Procurement Bill
Wichita Condo Association Files Construction Defect Lawsuit
Defense Victory in Breach of Fiduciary Action
The NAR asks FAA to Amend their Drone Rules for Real Estate Use
Hiring Subcontractors with Workers Compensation Insurance
The Multigenerational Housing Trend
Homebuilders See Record Bearish Bets on Shaky Recovery
Real Estate & Construction News Roundup (10/18/23) – Zillow’s New Pilot Program, Production Begins at Solar Panel Plant in Georgia, and More Diversity on Contracts for Buffalo Bills Stadium
Business and Professions Code Section 7031, Demurrers, and Just How Much You Can Dance
Pending Sales of Existing Homes in U.S. Decline for Eighth Month
A Trio of Environmental Decisions from the Fourth Circuit
David M. McLain named Law Week Colorado’s 2015 Barrister’s Best Construction Defects Lawyer for Defendants
No Coverage For Construction Defects When Complaint Alleges Contractual Damages
Revamp to Nationwide Permits Impacting Oil and Gas Pipeline, Utility and Telecom Line Work
“Freelance Isn’t Free” New Regulations Adopted in New York City Requiring Written Contracts with Independent Contractors
Illinois Law Bars Coverage for Construction Defects in Insured's Work
Environmental Roundup – April 2019
Arezoo Jamshidi Selected to the 2023 San Diego Super Lawyers List