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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
    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

    2019 Legislative Session

    Nevada Assembly Passes Construction Defect Bill

    Fourth Circuit Clarifies What Qualifies As “Labor” Under The Miller Act

    New Utah & Colorado Homebuilder Announced: Jack Fisher Homes

    Illinois Court Assesses Factual Nature of Term “Reside” in Determining Duty to Defend

    School Blown Down by Wind Still Set to Open on Schedule

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

    Crane Dangles and So Do Insurance Questions

    Supreme Court of Oregon Affirms Decision in Abraham v. T. Henry Construction, et al.

    Slip and Fall Claim from Standing Water in Parking Garage

    Terminator’s Trench Rehab Drives L.A. Land Prices Crazy

    California Insurance Commissioner Lacks Authority to Regulate Formula for Estimating Replacement Cost Value

    Purely “Compensatory” Debts Owed by Attorneys to Clients (Which Are Not Disciplinary or Punitive Fees Imposed by the State Bar) Are Dischargeable In Bankruptcy

    Coverage for Collapse Ordered on Summary Judgment

    Payne & Fears LLP Recognized by U.S. News & World Report and Best Lawyers in 2023 “Best Law Firms” Rankings

    Remand of Bad Faith Claim Evidences Split Among Florida District Courts

    August Home Prices in 20 U.S. Cities Appreciate at Faster Pace

    Expert Medical Science Causation Testimony Improperly Excluded under Daubert; ID of Sole Cause of Medical Condition Not Required

    Performance Bonds: Follow the Letter of the Bond and Keep The Surety Informed

    California Supreme Court Confirms the Right to Repair Act as the Exclusive Remedy for Seeking Relief for Defects in New Residential Construction

    Three Recent Cases Strike Down Liquidated Damages Clauses In Settlement Agreements…A Trend Or An Aberration?

    Gardeners in the City of the Future: An Interview with Eric Baczuk

    New York Signs Biggest Offshore Wind Project Deal in the Nation

    Two Things to Consider Before Making Warranty Repairs

    California’s Housing Costs Endanger Growth, Analyst Says

    Damp Weather Not Good for Wood

    Real Estate & Construction News Round-Up 04/20/22

    When Does a Contractor Legally Abandon a Construction Project?

    Homeowner Has No Grounds to Avoid Mechanics Lien

    New York Team Secures Appellate Win on Behalf of National Home Improvement Chain

    Homeowner's Claim for Collapse Survives Summary Judgment

    Denver Passed the Inclusionary Housing Ordinance

    EPA Rejects Most of N.Y.’s $511 Million Tappan Zee Loan

    Replacement of Gym Floor Due to Sloppy Paint Job is Not Resulting Loss

    Colorado Governor Polis’s Executive Order D 2020 101: Keeping Up with Colorado’s Shifting Eviction Landscape during COVID-19

    Building and Landscape Standards Enacted in Response to the Governor's Mandatory Water Restrictions Dealing with the Drought and Possible Effects of El Niño

    Study Finds Construction Cranes Vulnerable to Hacking

    CGL Insurer’s Duty To Defend Broader Than Duty To Indemnify And Based On Allegations In Underlying Complaint

    Is Ohio’s Buckeye Lake Dam Safe?

    West Coast Casualty’s Construction Defect Seminar Returns to Anaheim May 15th & 16th

    Construction Defect Leads to Death, Jury Awards $39 Million

    Insured Cannot Sue to Challenge Binding Appraisal Decision

    Stay-At-Home Orders and Work Restrictions with 50 State Matrix

    Couple Sues Attorney over Construction Defect Case, Loses

    Colorado Homes Approved Despite being Too Close Together

    Condominium Association Responsibility to Resolve Construction Defect Claims

    Affirmed

    Real Estate & Construction News Round-Up (11/16/22) – Backlog Shifts, Green Battery Storage, and Russia-Ukraine Updates

    Blockbuster Breakwater: Alternative Construction Method Put to the Test in Tampa Bay

    Homeowners May Not Need to Pay Lien on Defective Log Cabin
    Corporate Profile

    ANAHEIM CALIFORNIA CONSTRUCTION EXPERT WITNESS
    DIRECTORY AND CAPABILITIES

    With over 4500 construction related expert witness designations, the Anaheim, California Construction Expert Directory provides a wide spectrum of trial support and consulting services to legal professionals and construction practice groups seeking meaningful resolution of construction defect and claims matters. BHA provides construction claims investigation and expert services to the building industry's most recognized companies, Fortune 500 builders, CGL carriers, risk managers, and a variety of municipalities. In connection with in house assets which include licensed architects, civil engineers, building envelope experts, general and specialty contractors focused on the evaluation of construction claims, the organization brings national experience and local capabilities to Anaheim and the surrounding areas.

    Anaheim California roofing construction expertAnaheim California structural engineering expert witnessesAnaheim California construction expert witnessesAnaheim California civil engineering expert witnessAnaheim California construction expert witnessAnaheim California delay claim expert witnessAnaheim California construction scheduling and change order evaluation expert witness
    Construction Expert Witness News & Info
    Anaheim, California

    Get Creative to Solve Your Construction Company's Staffing Challenges

    February 25, 2024 —
    Construction projects are on the rise due to a generational investment in infrastructure spending. The Infrastructure Investment and Jobs Act passed by Congress in August 2021 includes around $550 billion in new federal investment in America’s roads and bridges, water infrastructure and more to be allocated over the next five years. Because of the influx of federal funds for infrastructure, construction firms that previously focused on local, private sector clients are incentivized to pursue public projects in other states and regions. There are a couple of bumps in the road, however. Payroll becomes more complex when you’re paying across multiple jurisdictions and at different pay rates, and reporting requirements for government work make managing projects and controlling costs trickier. Add to this the changes in the Davis-Bacon Act prevailing wage rules which went into effect on October 23, 2023. To capture this business and make it worthwhile, construction professionals need technology built specifically for the industry. Reprinted courtesy of Kit Dickinson, Construction Executive, a publication of Associated Builders and Contractors. All rights reserved.

    Giant Gas Pipeline Owner, Contractor in $900M Payment Battle

    January 22, 2024 —
    A Canadian partnership including energy developer TC Energy that is building the $10.6-billion Coastal GasLink pipeline, and a key project contractor, are disputing more than $900 million in project costs in court and in upcoming arbitration. The 670-kilometer line in British Columbia that announced mechanical completion last year is set to carry liquefied natural gas to the LNG Canada export terminal under construction on the province’s Pacific Coast—the country’s first such facility. Reprinted courtesy of David Godkin, Engineering News-Record and Debra K. Rubin, Engineering News-Record Ms. Rubin may be contacted at rubind@enr.com Read the full story...

    Risky Business: Contractual Versus Equitable Rights of Subrogation

    December 16, 2023 —
    In Zurich Am. Ins. Co. v. Infrastructure Eng’g. Inc., 2023 Ill. App. LEXIS 383, the insurer, Zurich American Insurance Company (Insurer) proceeded as subrogee of Community College District No. 508 d/b/a City Colleges of Chicago and CMO, a Joint Venture. The Appellate Court of Illinois, First District (Appellate Court) addressed whether Insurer – who issued a builder’s risk policy to insure a building during construction – could subrogate on behalf of the building owner, City Colleges of Chicago (City Colleges), who was part of the joint venture and an additional named insured, but who had not been directly paid for the underlying loss. The Appellate Court determined that the policy language established that the carrier was contractually permitted to subrogate on behalf of all additional named insureds on the policy, including the building owner. Read the full story...
    Reprinted courtesy of Kyle Rice, White and Williams
    Mr. Rice may be contacted at ricek@whiteandwilliams.com

    Saving Manhattan: Agencies, Consultants, Contractors Join Fight to Keep New York City Above Water

    November 27, 2023 —
    In densely populated cities surrounded on all sides by water—the borough of Manhattan in New York City as a prime example—the risks from sea level rise and climate change are not just hypotheticals; they are existential threats. Reprinted courtesy of Pam McFarland, Engineering News-Record and Corinne Grinapol, Engineering News-Record Ms. McFarland may be contacted at mcfarlandp@enr.com Read the full story...

    Public Contract Code Section 1104 Does Not Apply to Claims of Implied Breach of Warranty of Correctness of Plans and Specifications

    October 30, 2023 —
    It’s the classic tale of two cities. One city is occupied by architects and engineers. The other, by contractors. And while the cities typically co-exist relatively peacefully together, at times, they do not, such as when a defect arises that can either be a design or construction defect. Sometimes, project owners are pulled into these fights as well. There is a common law rule that when contracting with a contractor the owner impliedly warrants to the contractor that the plans and specifications are sufficiently accurate and correct. And, if you work on local public works projects, you may be familiar with Public Contract Code section 1104 which provides that, with the exception of design-build projects, local public entities cannot require a bidder to assume responsibility for the completeness and accuracy of architectural or engineering plans and specifications. Read the full story...
    Reprinted courtesy of Garret Murai, Nomos LLP
    Mr. Murai may be contacted at gmurai@nomosllp.com

    Round and Round: Inside the Las Vegas Sphere

    December 16, 2023 —
    How does the typical contractor approach building something taller than the Statue of Liberty, wider than a football field and with the most square footage of LED lighting in the world? Perhaps it’s enough to say that Sphere Entertainment Company is not your average contractor—and Sphere in Las Vegas is not your average construction project. With a budget of approximately $2.3 billion, Sphere is a massive entertainment venue constructed mainly of steel and concrete. How different is that from the typical Vegas high-rise, casino or hotel? When you account for the structure’s sheer size, uncommon shape and intertwining technologies—very. Reprinted courtesy of Grace Calengor, Construction Executive, a publication of Associated Builders and Contractors. All rights reserved. Read the full story...

    Be Sure to Bring Up Any Mechanic’s Lien Defenses Early and Often

    November 27, 2023 —
    As those of you who regularly read Musings are aware, mechanic’s liens are a big part of my law practice and a big issue here at this construction law blog. I’ve discussed the picky requirements of the mechanic’s lien statutes in Virginia and how the 90 and 150-day rules are strictly enforced. However, a recent case out of the City of Norfolk Virginia Circuit Court cautions that while failure to meet these strict requirements may invalidate a lien, it only does so if the owner or general contractor seeking to invalidate the lien argues the invalidity and/or presents evidence of that invalidity either pretrial or during trial. In Premier Restoration LLC v. Barnes, the Court considered the following facts. The defendant homeowners had a house fire and the resulting damage was the subject of an insurance claim that was paid and checks sent to the homeowners. Premier filed a mechanic’s lien in response to Barnes’s failure to pay for Premier’s restoration construction services after Barnes’s home was destroyed by fire. Premier seeks a decree to enforce the lien, asking the court to order the sale of Barnes’s property to recover its damages or, alternatively, a judgment in its favor. With the Complaint seeking enforcement of the lien and damages for breach of contract, and this is a key point, Premier provided a copy of the mechanic’s lien along with the affidavit that is part of the statutory form swearing that the Owner was justly indebted to Premiere. The homeowners filed a counterclaim for unfinished work, including unfinished punch list work. After a trial during which no evidence regarding either the timeliness of the lien recording or whether any of the work sought to be encompassed in the lien was performed outside of the statutory 150-day window was presented by either side, the defendants filed a post-trial motion seeking to invalidate the lien as including sums for work outside of the 150-day window. Read the full story...
    Reprinted courtesy of The Law Office of Christopher G. Hill
    Mr. Hill may be contacted at chrisghill@constructionlawva.com

    Candis Jones Named to Atlanta Magazine’s 2024 “Atlanta 500” List

    February 26, 2024 —
    Atlanta, Ga. (February 9, 2024) – Atlanta Partner Candis R. Jones has been named to Atlanta Magazine’s 2024 “Atlanta 500” list of the most powerful law professionals in Atlanta. This is the fourth year in a row she has received this recognition. To compile this list, the publication reviewed nominations from the public and consulted experts across various sectors. The magazine’s editors and writers considered not only the status of the nominees within their respective organizations, but also whether the nominees were visionaries who led programs for their communities and created opportunities for employees. According to Atlanta Magazine, this list is “an anthology of the power that resides in Atlanta.” Read the full story...
    Reprinted courtesy of Candis Jones, Lewis Brisbois
    Ms. Jones may be contacted at Candis.Jones@lewisbrisbois.com