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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Building Industry Association Southern California
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17744 Sky Park Circle Suite 170
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Irvine, CA 92614
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Construction Expert Witness News and Information
For Anaheim California
Insurer's Motion for Summary Judgment in Collapse Case Denied
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Dreyer v. Am. Natl. Prop. & Cas. Co. Or: Do Not Enter into Nunn-Agreements for Injuries that Occurred After Expiration of the Subject Insurance Policy
An Expert’s Qualifications are Important
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Insurer's Withheld Discovery Must be Produced in Bad Faith Case
Beware of Statutory Limits on Change Orders
Insurer Prohibited from Bringing Separate Contribution Action in Subrogation to Rights of Suspended Insured
Hawaii Court Looks at Changes to Construction Defect Coverage after Changes in Law
Do Hurricane-Prone Coastal States Need to Update their Building Codes?
New Jersey Judge Declared Arbitrator had no Duty to Disclose Past Contact with Lawyer
Should I Pull the Pin? Contractor and Subcontractor Termination for Cause
Wisconsin Federal Court Addresses Scope Of Appraisal Provision In Rental Dwelling Policy
Inability to Confirm Coverage Supports Setting Aside Insured’s Default Judgment on Grounds of Extrinsic Mistake
"Multiple Claims" Provisions on Contractor's Professional Liability Policy Creates a Trap for Policyholders
Hurricane Harvey Victims Face New Hurdles In Pursuing Coverage
Construction Defects Lead to Demolition
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Flag on the Play! Expired Contractor’s License!
South Caroline Holds Actual Cash Value Can Include Depreciation of Labor Costs
ACEC Statement on Negotiated Bipartisan Debt Limit Compromise
Toronto Skyscraper With $1.2 Billion of Debt Has Been Put in Receivership
Determining Duty to Defend in Wisconsin Does Not Include Extrinsic Evidence
California Subcontractor Gets a Kick in the Rear (or Perhaps the Front) for Prematurely Recorded Mechanics Lien
Trade Contract Revisions to Address COVID-19
Review your Additional Insured Endorsement
Hurricane Ian: Florida Expedites Road Work as Damage Comes Into Focus
New York Court Temporarily Enjoins UCC Foreclosure Sale
Being the Bearer of Bad News (Sounding the Alarm on Construction Issues Early and Often) (Law Note)
Contractor Prevails on Summary Judgment To Establish Coverage under Subcontractor's Policy
Homebuilder Predictions for Tallahassee
South Carolina Legislature Redefining Occurrences to Include Construction Defects in CGL Policies
"Abrupt Falling Down of Building or Part of Building" as Definition of Collapse Found Ambiguous
Quick Note: Don’t Forget To Serve The Contractor Final Payment Affidavit
Everyone’s Working From Home Due to the Coronavirus – Is There Insurance Coverage for a Data Breach?
Good and Bad News on Construction Employment
Digital Twins for a Safer Built Environment
Quick Note: Do Your Homework When it Comes to Selecting Your Arbitrator
Build Me A Building As Fast As You Can
A Court-Side Seat: Appeals and Agency Developments at the Close of 2020
COVID-19 Impacts on Subcontractor Default Insurance and Ripple Effects
Las Vegas Sphere Lawsuits Roll On in Nevada Courtrooms
Miller Act Claim for Unsigned Change Orders
California Supreme Court Raises the Bar on Dangerous Conditions on Public Property Claims
The Road to Hell is Paved with Good Intentions: A.B. 1701’s Requirement that General Contractors Pay Subcontractor Employee Wages Will Do More Harm Than Good