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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Association Directory
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
OSHA Cites Construction Firm for Safety Violations
No Coverage For Construction Defects When Complaint Alleges Contractual Damages
Texas contractual liability exclusion
Micropiles for bad soil: a Tarheel victory
Vegas Hi-Rise Not Earthquake Safe
Insurance for Defective Construction Now in Third Edition
In Re Golba: The Knaubs v. Golba and Rollison, Debtors
2011 Worst Year Ever for Home Sales
Fifth Circuit Reverses Insurers’ Summary Judgment Award Based on "Your Work" Exclusion
Safe Harbors- not just for Sailors anymore (or, why advance planning can prevent claims of defective plans & specs) (law note)
Insurer Unable to Declare its Coverage Excess In Construction Defect Case
Virginia Chinese Drywall and pollution exclusion
The Ever-Growing Thicket Of California Civil Code Section 2782
Nevada Budget Remains at Impasse over Construction Defect Law
Seller Cannot Compel Arbitration for Its Role in Construction Defect Case<
Manhattan Developer Breaks Ground on $520 Million Project
Orange County Home Builder Dead at 93
Courts Are Conflicted As To Whether "Good Faith" Settlement Determinations Can Be Reviewed Via Writ Petition Or Appeal
Pipes May Be Defective, But Owners Lack Standing
Failure to Meet Code Case Remanded to Lower Court for Attorney Fees
Good Signs for Housing Market in 2013
More Charges in Las Vegas HOA Scandal
Denver Court Rules that Condo Owners Must Follow Arbitration Agreement
Mark Van Wonterghem To Serve as Senior Forensic Consultant in the Sacramento Offices of Bert L. Howe & Associates, Inc.
Mandatory Arbitration Provision Upheld in Construction Defect Case
Arizona Homeowners Must Give Notice of Construction Defect Claims
Steps to Defending against Construction Defect Lawsuits
Hilton Grand Vacations Defect Trial Delayed
Contractor’s Coverage For Additional Insured Established by Unilateral Contract
Nebraska Man Sentenced for Insurance Fraud in Construction Projects
Boyfriend Pleads Guilty in Las Vegas Construction Defect Scam Suicide
Tacoma Construction Site Uncovers Gravestones
Restitution Unlikely in Las Vegas Construction Defect Scam
Construction Defect Journal Marks First Anniversary
Defective Shingle Claims Valid Despite Bankruptcy
Washington Supreme Court Sides with Lien Claimants in Williams v. Athletic Field
Consulting Firm Indicted and Charged with Falsifying Concrete Reports
Hovnanian Sees Second-Quarter Profit, Points to Recovery
Colorado statutory “property damage” caused by an “occurrence”
After Breaching its Duty to Defend, Insurer Must Indemnify
Lawsuit over Construction Defects Not a Federal Case
General Contractors Must Plan to Limit Liability for Subcontractor Injury
Another Las Vegas Tower at the Center of Construction Defect Claims
Appropriation Bill Cuts Military Construction Spending
Delaware “occurrence” and exclusions j(5) and j(6)
Insurer Able to Refuse Coverage for Failed Retaining Wall
Texas “Loser Pays” Law May Benefit Construction Insurers
Texas Court of Appeals Conditionally Grant Petition for Writ of Mandamus to Anderson
Broker Not Liable for Failure to Reveal Insurer's Insolvency After Policy Issued
Hawaii State Senate Requires CGL Carriers to Submit Premium Information To State Legislature
Five Years of Great Legal Blogging at Insurance Law Hawaii
Construction on the Rise in Washington Town
Claims Under Colorado Defect Action Reform Act Count as Suits
Senate Committee Approves Military Construction Funds
Texas covered versus uncovered allocation and “legally obligated to pay.”
Yellow Brass Fittings Play a Crucial Role in Baker v Castle & Cooke Homes
Supreme Court of Oregon Affirms Decision in Abraham v. T. Henry Construction, et al.
Another Guilty Plea In Nevada Construction Defect Fraud Case
South Carolina Legislature Redefining Occurrences to Include Construction Defects in CGL Policies
Construction Case Alert: Appellate Court Confirms Engineer’s Duty to Defend Developer Arises Upon Tender of Indemnity Claim
Water District Denied New Trial in Construction Defect Claim
Loss Caused by Seepage of Water Not Covered
CC&Rs Not the Place for Arbitration Agreement, Court Rules
Celebrities Lose Case in Construction Defect Arbitration
Montrose Language Interpreted: How Many Policies Are Implicated By A Construction Defect That Later Causes a Flood?
District Court’s Ruling Affirmed in TCD v American Family Mutual Insurance Co.
Construction Defect Not Occurrences, Says Hawaii Court
A Performance-Based Energy Code in Seattle: Will It Save Existing Buildings?
Construction Defects Not Occurrences under Ohio Law
SB800 Cases Approach the Courts
General Contractor/Developer May Not Rely on the Homeowner Protection Act to Avoid a Waiver of Consequential Damages in an AIA Contract
David McLain to Speak at the CDLA 2012 Annual Conference
Supreme Court of New York Denies Motion in all but One Cause of Action in Kikirov v. 355 Realty Assoc., et al.
Construction Law Client Alert: Hirer Beware - When Exercising Control Over a Job Site’s Safety Conditions, You May be Held Directly Liable for an Independent Contractor’s Injury
Green Buildings Could Lead to Liabilities
Former Zurich Executive to Head Willis North America Construction Insurance Group
Federal District Court Predicts Florida Will Adopt Injury In Fact Trigger
Injured Construction Worker Settles for Five Hundred Thousand
Seven Former North San Diego County Landfills are Leaking Contaminants
Parking Garage Collapse May Be Due to Construction Defect
Water Is the Enemy
Defect Claims as Occurrences? Check Your State Laws
Construction Defect Lawsuit Stayed by SB800
Houses Can Still Make Cents: Illinois’ Implied Warranty of Habitability
State Farm Too Quick To Deny Coverage, Court Rules
Limiting Plaintiffs’ Claims to a Cause of Action for Violation of SB-800
Fourteen More Guilty Pleas in Las Vegas Construction Defect Scam
Excess Carrier Successfully Appeals Primary Insurer’s Summary Judgment Award
Utah Construction Defect Claims Dependant on Contracts
Court Strikes Down Reasonable Construction Defect Settlement