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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

    Defense Dept. IG: White House Email Stonewall Stalls Border Wall Contract Probe

    Las Vegas Sphere Lawsuits Roll On in Nevada Courtrooms

    Illinois Court Determines Insurer Must Defend Property Damage Caused by Faulty Workmanship

    Brown Paint Doesn’t Cover Up Construction Defects

    History of Defects Leads to Punitive Damages for Bankrupt Developer

    Alabama Supreme Court Finds No Coverage for Construction Defect to Contractor's own Product

    Traub Lieberman Attorneys Recognized in the 2024 Edition of The Best Lawyers in America®

    Feds Outline Workforce Rules for $39B in Chip Plant Funding

    An Occurrence Under Builder’s Risk Insurance Policy Is Based on the Language in the Policy

    Choice of Law Provisions in Construction Contracts

    Coverage Issues: When You Need Your Own Lawyer in a Construction Defect Suit

    Waive It Goodbye: Despite Evidence to the Contrary, Delaware Upholds an AIA Waiver of Subrogation Clause

    He Turned Wall Street Offices Into Homes. Now He Vows to Remake New York

    Are You a Construction Lienor?

    Chinese Billionaire Sues Local Governments Over Project Payment

    Graham & Who May Trigger The Need To Protest

    How to Determine the Deadline for Recording a California Mechanics Lien

    Washington High Court Holds Insurers Bound by Representations in Agent’s Certificates of Insurance

    Housing Starts in U.S. Little Changed From Stronger January

    Payment Bond Claim Notice Requires More than Mailing

    Circumstances In Which Design Professional Has Construction Lien Rights

    Canada Housing Surprises Again With July Starts Increase

    U.S. Building Permits Soared to Their Highest Level in Nearly Eight Years

    Court Finds That Limitation on Conditional Use Permit Results in Covered Property Damage Due to Loss of Use

    New Survey Reveals Present-Day Risks of Asbestos Exposure in America - 38% in High-Risk Jobs, 47% Vulnerable through Second-Hand Exposure

    Cause Still Unclear in March Retaining Wall Collapse on $900M NJ Interchange

    National Engineering and Public Works Roadshow Highlights Low Battery Seawall Restoration Project in Charleston

    Court Holds That Property Insurance Does Not Cover Economic Loss From Purchasing Counterfeit Vintage Wine

    No Bad Faith In Filing Interpleader

    Negligent Failure to Respond to Settlement Offer Is Not Bad Faith

    Connecticut Civil Engineers Give the State's Infrastructure a "C" Grade

    NARI Addresses Construction Defect Claim Issues for Remodeling Contractors

    New York Developers Facing Construction Defect Lawsuit

    Court Rules that Damage From Squatter’s Fire is Not Excluded as Vandalism or Malicious Mischief

    What Does “Mold Resistant” Really Mean?

    Courts Will Not Second-Guess Public Entities When it Comes to Design Immunity

    Shifting the Risk of Delay by Having Float Go Your Way

    Janus v. AFSCME

    Insurer Cannot Abandon Defense Agreement on Underlying Asbestos Claims Against Insured

    CA Senate Report States Caltrans ‘Gagged and Banished’ its Critics

    Another Case Highlighting the Difference Between CGL Policies and Performance Bonds

    The Living Makes Buildings Better with Computational Design

    Do Change Orders Need to be in Writing and Other Things That Might Surprise You

    World's Longest Suspension Bridge Takes Shape in Turkey

    Smart Home Products go Mainstream as Consumer Demand Increases

    Safety, Technology Combine to Change the Construction Conversation

    Contractor Underpaid Workers, Pocketed the Difference

    Hurricane Claim Cannot Survive Anti-Concurrent Causation Clause

    Best Lawyers Recognizes Twenty White and Williams Lawyers

    Antidiscrimination Clause Required in Public Works and Goods and Services Contracts­ –Effective January 1, 2024
    Corporate Profile

    ANAHEIM CALIFORNIA CONSTRUCTION EXPERT WITNESS
    DIRECTORY AND CAPABILITIES

    Through over 4500 general contracting and design related expert designations, the Anaheim, California Construction Expert Directory delivers a superior construction and design expert support solution to attorneys and construction practice groups concerned with construction defect and claims matters. BHA provides building related trial support and expert services to the nation's leading construction practice groups, Fortune 500 builders, real estate investment trusts, risk managers, owners, as well as a variety of municipalities and government offices. In connection with regional assets which comprise construction cost, scheduling, and delay experts, professional engineers, ASPE certified professional estimators, and construction safety professionals, the firm brings national experience and local capabilities to Anaheim and the surrounding areas.

    Anaheim California fenestration expert witnessAnaheim California construction defect expert witnessAnaheim California expert witnesses fenestrationAnaheim California multi family design expert witnessAnaheim California consulting engineersAnaheim California testifying construction expert witnessAnaheim California engineering consultant
    Construction Expert Witness News & Info
    Anaheim, California

    Third Circuit Vacates Judgment for Insurer on Alleged Construction Defect Claim

    December 31, 2024 —
    The Third Circuit vacated and remanded to the district court the judgment in favor of the insurer on a construction defect claim. Odedeyi v. AmTrust Financial Services Inc., 2024 U.S. App. LEXIS 24729 (3d Cir. Oct. 1, 2024). Mr. Odedeyi hired a contractor, who was insured by Security National, to perform work on his property. After the property was damaged during the renovations, Odedeyi filed suit against the contractor. Odedeyi was awarded a default judgment against the contractor. Read the full story...
    Reprinted courtesy of Tred R. Eyerly, Damon Key Leong Kupchak Hastert
    Mr. Eyerly may be contacted at te@hawaiilawyer.com

    Real Estate & Construction News Roundup (9/4/24) – DOJ Sues RealPage, Housing Sales Increase and U.S. Can’t Build Homes Fast Enough

    October 07, 2024 —
    In our latest roundup, environmental regulations tighten for commercial properties, Wells Fargo sells most of its commercial mortgage services business, first-time home buyers struggle with housing affordability, and more!
    • The U.S. Department of Justice announced that it is suing the real estate company RealPage, saying it engaged in a price-fixing scheme to drive up rents. (Jennifer Ludden, NPR)
    • As environmental regulations for commercial buildings and properties tighten across the U.S., green leases and technologies offer owners and operators opportunities to reduce their portfolios’ carbon footprints, generate cost savings and further align with ESG goals. (Nish Amarnath, Construction Dive)
    • Wells Fargo & Co. agreed to sell most of its commercial mortgage servicing business to Trimont LLC, ceding the title of biggest US commercial and multifamily mortgage servicer to the Atlanta-based firm. (Hannah Levitt and Scott Carpenter, Yahoo)
    Read the full story...
    Reprinted courtesy of Pillsbury's Construction & Real Estate Law Team

    Federal District Court Addresses Anti-concurrent Cause Language in Property Policy

    February 04, 2025 —
    In Surchi1, LLC v. Travelers Indem. Co., 2024 U.S. Dist. LEXIS 227796 (N.D. Ill. Dec. 17, 2024), the United States District Court for the Northern District of Illinois addressed a carrier’s obligation to cover costs associated with remediating water-related damage to insured property. In July 2022, the insured property experienced water-related damage and resulting repair costs. A claim was submitted for coverage under a property policy issued by Travelers. Travelers denied the claim and the insured initiated an action against Travelers seeking coverage. During the litigation Travelers maintained its position that it was not obligated to cover the water-related damage, because (1) under the policy, Travelers is not obligated to cover damage caused by surface water, even if surface water contributed only in part to the damage, and (2) the pleadings irrefutably establish that surface water contributed, at least in part, to the property damage. The insured took the contrary view arguing that Travelers was obligated to cover water-related damage (1) because the damage was the result of a water or sewage backing up or overflowing from sewers, and (2) this obligation remains, even if surface water contributed in part to the damage. The court began with a review of the relevant policy language. Under the policy, Travelers "will not pay for loss or damage caused directly or indirectly by ... surface water." At the same time, under a change endorsement to the policy, Travelers agreed to cover "direct physical loss of or damage to Covered Property at the described premises caused by or resulting from water or sewage that backs up or overflows from a sewer, drain, or sump." In light of this language, the parties dispute centered on whether Travelers is obligated to cover damages caused concurrently by surface water (an excluded peril) and by water or sewage that backs up or overflows from a sewer, drain, or sump (a covered peril). Read the full story...
    Reprinted courtesy of James M. Eastham, Traub Lieberman
    Mr. Eastham may be contacted at jeastham@tlsslaw.com

    Newport Beach Partners Jeremy Johnson, Courtney Serrato, and Associate Joseph Real Prevailed on a Demurrer in a Highly Publicized Shooting Case!

    November 11, 2024 —
    Bremer Whyte Brown & O’Meara’s Partners Jeremy Johnson, Courtney Serrato, and Associate Joseph Real prevailed on a Demurrer in a highly publicized shooting case. Plaintiffs filed a lawsuit alleging negligence, negligent hiring, supervision and retention, and public nuisance against BWB&O’s clients, a highly recognized hospitality and lifestyle company with nightlife and restaurant venues, in addition to other celebrity defendants. Plaintiffs were the victims of a shooting that occurred by an unknown individual(s) outside and near the restaurant/venue owned by BWB&O’s clients. Plaintiffs alleged it was BWB&O’s clients that were responsible for the third parties’ criminal acts because BWB&O’s clients attracted more people than the venue’s capacity, causing people to occupy the street, sidewalk, and property nearby. Plaintiffs further alleged that BWB&O’s client should have anticipated or known that criminal conduct, including gun violence, would take place. Read the full story...
    Reprinted courtesy of Dolores Montoya, Bremer Whyte Brown & O'Meara LLP

    GRSM Team Wins Summary Judgment in Million-Dollar HOA Dispute

    December 17, 2024 —
    Gordon Rees Scully Mansukhani Partner Bob Bragalone and Senior Counsel Ryan Fellman won a complete summary judgment on behalf of five board members who had been added to an HOA dispute by the defendant homeowners. The GRSM team resolved the matter within just 60 days of taking over the case, bringing an end to a legal battle that had lasted more than four years. The dispute began when the HOA, as plaintiff, filed suit against the homeowners in Denton County District Court. The HOA alleged that the homeowners had violated the HOA’s Covenants, Conditions, and Restrictions by constructing a non-conforming carport and sought a declaratory judgment to resolve the issue. In response, the homeowners filed a counterclaim and third-party petition, adding the individual HOA board members to the lawsuit. They accused the board members—who were serving in a voluntary capacity—of mishandling the dispute and filed claims against them for intentional infliction of emotional distress, negligence, and gross negligence. Reprinted courtesy of Robert A. Bragalone, Gordon Rees Scully Mansukhani and B. Ryan Fellman, Gordon Rees Scully Mansukhani Mr. Bragalone may be contacted at bbragalone@grsm.com Mr. Fellman may be contacted at rfellman@grsm.com Read the full story...

    Ethical Limits on Preparing a Witness for Deposition or Trial

    October 28, 2024 —
    In this week’s blog post, we are going to take a brief look at ethical issues associated with preparing a witness for a deposition or to testify at trial. Most attorneys would agree that it is permissible to meet with a witness before the witness’s deposition to discuss what to expect. On the other hand, there is no question that advising a witness to provide false testimony would be improper. But what about the area in between those two extremes? For instance, can an attorney suggest to a witness how to phrase answers to anticipated questions that, while true, might not be the way the witness would have answered the question absent the attorney’s coaching? A little over a year ago, the American Bar Association Standing Committee on Ethics and Professional Responsibility issued ABA Formal Opinion 508: The Ethics of Witness Preparation. The opinion provides certain examples of things that are and are not permissible in preparing a witness for a deposition or trial. Read the full story...
    Reprinted courtesy of Stu Richeson, Phelps
    Mr. Richeson may be contacted at stuart.richeson@phelps.com

    Utilities’ Extreme Plan to Stop Wildfires: Shut Off the Power

    October 28, 2024 —
    A growing number of utilities are resorting to an extreme measure to prevent their equipment from sparking catastrophic wildfires: turning off the power. Electric companies serving about 24 million homes and businesses across the fire-prone US West now have plans to preemptively cut electricity during dangerous fire conditions, according to an analysis of data compiled by researchers at Stanford University. The proactive blackouts, however, run counter to the power companies’ main mission — which is to keep the lights on. And that’s angering customers and officials. Lawsuits — and the billions of dollars of damage claims that come with them — are an increasing concern among utilities, said Michael Wara, who leads the Climate and Energy Policy Program at Stanford University. Read the full story...
    Reprinted courtesy of Mark Chediak, Bloomberg

    Los Angeles Wildfires Will Cause Significant Insured Losses, Ranking Amongst the Most Destructive in California's History

    January 14, 2025 —
    Wildfires currently burning in the Pacific Palisades, Eaton, Hurst and other Los Angeles neighborhoods will cause significant losses for the insurance industry, in Morningstar DBRS’ view. The fires have already burned more than 1,100 homes and threaten more than 28,000 additional structures, according to local fire officials. Preliminary estimates point to total insured losses in excess of $8 billion depending on the final number of properties being affected by the wildfires. By way of comparison, the 2018 Woolsey Fire, which destroyed 1,643 structures just north of Los Angeles, caused more than $6 billion in property damages at that time. Morningstar DBRS expects the ongoing wildfires to have a negative but manageable impact on major property insurers active in the Californian market, with the impact somewhat mitigated by their use of reinsurance and their high degree of diversification. Similarly, losses should be manageable for the global reinsurance industry and not affect their credit profiles. While leading U.S. property insurers are in good financial condition, the California property insurance market has been challenging because of high wildfire and other natural catastrophe risks combined with regulatory restrictions on coverage and pricing, leading many insurers to re-think their product offering, including an outright exit from the market. For example, market leaders such as State Farm and Allstate started reducing their exposure to the California market beginning 2022-2023. It is therefore possible that a larger than usual portion of the losses caused by the wildfires will be uninsured or may be covered under the California FAIR Plan, which is designed to provide fire coverage up to $3 million per home and spread the risk across the industry when it is not available from traditional carriers. This event reinforces the need for adequate rate increases on home insurance in California, based on forward-looking pricing and catastrophe modelling, as well as for additional fire prevention and mitigation initiatives. However, property insurance affordability is likely to remain a challenge in the state going forward, with many property owners opting to remain uninsured or under-insured because of the high costs.