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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

    Ninth Circuit Resolves Federal-State Court Split Regarding Whether 'Latent' Defects Discovered After Duration of Warranty Period are Actionable under California's Lemon Law Statute

    Chambers USA 2019 Ranks White and Williams as a Leading Law Firm

    The Five-Step Protocol to Reopening a Business

    Can an Owner Preemptively Avoid a Mechanics Lien?

    Washington Court Limits Lien Rights of Construction Managers

    Two Years, Too Late: Time-Barred Hurricane Loss is Timely Reminder to Insureds

    Town Sues over Defective Work on Sewer Lines

    No Bad Faith In Filing Interpleader

    Court Rules in Favor of Treasure Island Developers in Environmental Case

    Employees Versus Independent Contractors

    Denver Parking Garage Roof Collapses Crushing Vehicles

    Negligence Claim Not Barred by Gist of the Action Doctrine

    Fed. Judge Blocks Release of Records on FIU Bridge Collapse, Citing NTSB Investigation

    Brazil Congress Chiefs Deny Wrongdoing in Petrobras Scandal

    COVID-19 Vaccine Considerations for Employers in the Construction Industry

    Speeding up Infrastructure Projects with the Cloud

    Breach of a Construction Contract & An Equitable Remedy?

    CISA Guidance 3.1: Not Much Change for Construction

    Mind The Appeal Or: A Lesson From Auto-Owners Insurance Co. V. Bolt Factory Lofts Owners Association, Inc. On Timing Insurance Bad Faith And Declaratory Judgment Insurance Claims Following A Nunn-Agreement

    Home Prices in 20 U.S. Cities Rose at Slower Pace in May

    No Coverage for Breach of Contract Claims Against Contractor

    New Jersey Court Washes Away Insurer’s Waiver of Subrogation Arguments

    2018 Construction Outlook: Mature Expansion, Deceleration in Some Sectors, Continued Growth in Others

    Digital Twins for a Safer Built Environment

    COVID-19 Response: Key Legal Considerations for Event Cancellations

    Judge Gives Cintra Bid Protest of $9B Md. P3 Project Award New Life

    As Florence Eyes East Coast, Are You Looking At Your Insurance?

    Evaluating Smart Home Technology: It’s About More Than the Bottom Line

    Oregon Construction Firm Sued for Construction Defects

    AB 1701 – General Contractor Liability for Subcontractors’ Unpaid Wages

    Ohio School Board and Contractor Meet to Discuss Alleged Defects

    Insurance Agent Sued for Lapse in Coverage after House Collapses

    DoD Will Require New Cybersecurity Standards in 2020: Could Other Agencies Be Next?

    New York Philharmonic Will Open Geffen Hall Two Years Ahead of Schedule

    Newmeyer & Dillion Named a Best Law Firm in 2019 in Multiple Practice Areas by U.S. News-Best Lawyers

    Conspirators Bilked Homeowners in Nevada Construction Defect Claims

    BHA Announces New Orlando Location

    Limitation on Coverage for Payment of Damages Creates Ambiguity

    Just When You Thought the Green Building Risk Discussion Was Over. . .

    Gillotti v. Stewart (2017) 2017 WL 1488711 Rejects Liberty Mutual, Holding Once Again that the Right to Repair Act is the Exclusive Remedy for Construction Defect Claims

    California Team Secures Appellate Victory on Behalf of Celebrity Comedian Kathy Griffin in Dispute with Bel Air Neighbor

    BHA has a Nice Swing Donates to CDCCF

    US Secretary of Labor Withdraws Guidance Regarding Independent Contractors

    Falling Tree Causing Three Injuries/Deaths Is One Occurrence

    Big Builder’s Analysis of the Top Ten Richest Counties

    Construction Defects in Roof May Close School

    Court Narrowly Interprets “Faulty Workmanship” Provision

    Suspend the Work, but Don’t Get Fired

    Construction Firm Settles Suit Over 2012 Calif. Wildfire

    Judgment Stemming from a Section 998 Offer Without a Written Acceptance Provision Is Void
    Corporate Profile

    ANAHEIM CALIFORNIA CONSTRUCTION EXPERT WITNESS
    DIRECTORY AND CAPABILITIES

    Through more than 4500 construction and design related expert designations, the Anaheim, California Construction Expert Directory offers a wide range of trial support and construction consulting services to legal professionals and construction practice groups seeking effective resolution of construction defect and claims matters. BHA provides construction claims investigation and expert services to widely recognized construction practice groups, Fortune 500 builders, CGL carriers, owners, as well as a variety of public entities. In connection with in house assets which include design experts, civil / structural engineers, ICC Certified Inspectors, ASPE certified professional estimators, the firm brings regional experience and flexible capabilities to the Anaheim construction industry.

    Anaheim California construction safety expertAnaheim California OSHA expert witness constructionAnaheim California slope failure expert witnessAnaheim California building expertAnaheim California construction cost estimating expert witnessAnaheim California construction expert witness public projectsAnaheim California roofing and waterproofing expert witness
    Construction Expert Witness News & Info
    Anaheim, California

    Cal/OSHA ETS: Newest Version Effective Today

    January 17, 2022 —
    The newest version of the Cal/OSHA ETS goes into effect today, Jan. 14, 2022, and will expire on April 15, 2022. A redline of the recently expired Cal/OSHA ETS and the newest Cal/OSHA ETS is available HERE. The newest Cal/OSHA ETS, which was drafted prior to Dec. 16, 2021, is already partially out-of-date based on the California Department of Public Heath’s Guidance For the Use of Masks (released Jan. 5, 2022) and the CDPH’s Guidance for Local Health Jurisdictions on Isolation and Quarantine of the General Public (released Jan. 8, 2022); these changes have been addressed in the Cal/OSHA ETS FAQs. With all of these changes occurring (not to mention all of the litigation surrounding the now-stayed federal OSHA ETS), California employers are asking: How do I comply with the current Cal/OSHA ETS and the updated CDPH Guidance? Here are the key points to ensure you are in compliance:
    1. New Shorter Isolation and Quarantine Periods
    2. Isolation: When an employee has COVID-19 (even without symptoms).
      • Day 0: First day of symptoms or the day a positive test specimen was collected. Begin isolation.
      • Day 1: First full day after symptoms developed or positive test specimen was collected.
      • Day 5: Recommended day to take COVID-19 test.
    Reprinted courtesy of Amy R. Patton, Payne & Fears, Matthew C. Lewis, Payne & Fears and Rana Ayazi, Payne & Fears Ms. Patton may be contacted at arp@paynefears.com Mr. Lewis may be contacted at mcl@paynefears.com Ms. Ayazi may be contacted at ra@paynefears.com Read the full story...

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

    May 02, 2022 —
    Construction defects emerge in pandemic-era buildings, investor confidence is improving in China’s real estate market, the proptech field continues to show significant signs of growth, and more.
    • Investor confidence in China’s real estate market is improving, with bond trading volumes and prices rising over the last few weeks, but the market is not projected to resume its high growth rate of the past. (Weizhen Tan & Evelyn Cheng, CNBC)
    • The economic shock caused by soaring mortgage rates over the past few weeks has dramatically increased mortgage payments for new homebuyers. (Lance Lambert, Fortune)
    • With the metaverse economy projected to be worth between $8 and $13 trillion by 2030, blockchain technology serves as a key driver for virtual real estate sales, allowing for “true” ownership of a property. (Robert Koonin, Dan Jasnow, & Kinnon McDonald, TFL)
    Read the full story...
    Reprinted courtesy of Pillsbury's Construction & Real Estate Law Team

    Florida Lawmakers Fail to Reach Agreement on Condominium Safety Bill

    March 14, 2022 —
    Falls Church, March 11, 2022 (GLOBE NEWSWIRE) -- Members of the Florida legislature did not reach an agreement on legislation that would require building inspections and mandatory reserve studies for certain condominium and cooperative communities prior to this session's adjournment, despite the tireless efforts from Sen. Jennifer Bradley (R-Orange Park) and Rep. Daniel Perez (R-Miami) as well as CAI advocates to pass legislation that would contribute to condominium safety after the tragic collapse of Champlain Towers South in Surfside, Fla., last June. The Virginia General Assembly recently passed legislation introduced by Sen. Scott Surovell (D-Fairfax, VA) that requires the Virginia Housing Commission to study condominium safety issues, specifically building inspections. The Maryland legislature is considering funding for condominium buildings in need of critical repairs, while Hawaii is considering building inspection requirements for condominiums. Learn more about CAI's efforts to improve condominium safety by visiting www.caionline.org/condosafety. About Community Associations Institute Since 1973, Community Associations Institute (CAI) has been the leading provider of resources and information for homeowners, volunteer board leaders, professional managers, and business professionals in the more than 355,000 homeowners associations, condominiums, and housing cooperatives in the United States and millions of communities worldwide. With more than 42,000 members, CAI works in partnership with 36 legislative action committees and 63 affiliated chapters within the U.S., Canada, South Africa, and the United Arab Emirates as well as with housing leaders in several other countries, including Australia, Spain, and the United Kingdom. A global nonprofit 501(c)(6) organization, CAI is the foremost authority in community association management, governance, education, and advocacy. Our mission is to inspire professionalism, effective leadership, and responsible citizenship—ideals reflected in community associations that are preferred places to call home. Visit us at www.caionline.org, and follow us on Twitter and Facebook @CAISocial.

    NY State Appellate Court Holds That Pollution Exclusions Bar Duty to Defend Under Liability Policies for Claims Alleging Exposure to PFAS

    February 01, 2022 —
    On January 6, 2022, the New York Supreme Court, Appellate Division, Third Department, held that the “sudden and accidental” pollution exclusion (SAPE) and “absolute” pollution exclusion (APE) in liability policies relieved two insurers of a duty to defend the insured-manufacturer in connection with claims alleging damages as a result of exposure to perfluorooctanoic acid (PFOA) and perfluorooctane sulfonate (PFOS), which are man-made chemicals within the group of per- and polyfluoroalkyl substances (PFAS). See Tonoga, Incorporated v. New Hampshire Insurance Company, No. 532546, 2022 N.Y. App. Div. LEXIS 105 (App. Div. 3rd Dep’t Jan. 6, 2022). In Tonoga, starting in 1961, the insured and its predecessors owned and operated a manufacturing facility in Petersburg, New York that produced materials coated with polytetrafluoroethylene (PTFE). Until 2013, the manufacturing process involved the use of PFOA and/or PFOS. In early 2016, excessive PFOA and/or PFOS concentrations were detected in Petersburg’s municipal water supply. Later that year, the New York Department of Environmental Conversation designated the insured’s facility a Superfund site, and the insured entered into a consent agreement that required it to assist in remedial measures. 2022 N.Y. App. Div. LEXIS 105, at *1-2. Reprinted courtesy of Robert F. Walsh, White and Williams LLP and Paul A. Briganti, White and Williams LLP Mr. Walsh may be contacted at walshr@whiteandwilliams.com Mr. Briganti may be contacted at brigantip@whiteandwilliams.com Read the full story...

    Yellowstone Park Aims for Quick Reopening After Floods

    July 03, 2022 —
    Gardiner, Mont. (AP) -- Most of Yellowstone National Park should reopen within the next two weeks — much faster than originally expected after record floods pounded the region last week and knocked out major roads, federal officials said. Yellowstone Superintendent Cam Sholly said the world-renowned park will be able to accommodate fewer visitors for the time being, and it will take more time to restore road connections with some southern Montana communities. Park officials said Sunday they'll use $50 million in federal highway money to speed up road and bridge repairs. There’s still no timetable for repairs to routes between the park and areas of Montana where the recovery is expected to stretch for months. Yellowstone will partially reopen at 8 a.m. Wednesday, more than a week after more than 10,000 visitors were forced out of the park when the Yellowstone and other rivers went over their banks after being swelled by melting snow and several inches of rainfall. Read the full story...
    Reprinted courtesy of Bloomberg

    The Architecture of Tomorrow Mimics Nature to Cool the Planet

    January 31, 2022 —
    There’s a new climate push in the building industry: regenerative architecture. The sector has been trying for years to cut its sizeable carbon footprint, which was responsible for 38% of the world’s energy-related greenhouse gases in 2019. But developers need to go beyond preventing pollution if they want to help avoid catastrophic climate change, according to Sarah Ichioka and Michael Pawlyn, co-authors of a new book titled Flourish: Design Paradigms for Our Planetary Emergency. They argue that buildings should be designed in a regenerative way — a process that mimics nature by restoring its own materials and sources of energy. It goes further than sustainable design, which seeks to reduce harm to the environment and use only essential materials. “More than half of humanity’s total historic greenhouse-gas emissions have occurred since the concept of ‘sustainability’ entered the mainstream,” Ichioka and Pawlyn write. “It is now time to embrace a new regenerative approach to design and development.” Read the full story...
    Reprinted courtesy of Damian Shepherd, Bloomberg

    Vinci Will Build $580M Calgary Project To Avoid Epic Flood Repeat

    June 20, 2022 —
    Vinci Construction has begun work on a giant flood control project in Alberta designed to prevent a repeat of one of the most devastating natural disasters in Canadian history. Reprinted courtesy of Scott Van Voorhis, Engineering News-Record ENR may be contacted at enr@enr.com Read the full story...

    Insurer Not Responsible for Insured's Assignment of Policy Benefits

    February 21, 2022 —
    The Florida Court of Appeals affirmed the lower court's granting summary judgment to the insurer after failing to abide by an assignment to which it was not a party. Expert Inspections, LLC v. United Property & Cas. Ins. Co., 2022 Fla. App. LEXIS 88 (Fla. Ct. App. Jan. 5, 2022). The insured's property sustained damage from Hurricane Irma resulting in a covered loss. The insured retained Expert Inspections to perform mold-related services. As payment, the insured assigned her policy benefits pursuant to an assignment of benefits agreement. Under the agreement, the insured agreed to cooperate with the assignee to ensure that payments were made by the insurer upon completion of work. The insured gave authority to the assignee to endorse any checks with her name listed on the check. Read the full story...
    Reprinted courtesy of Tred R. Eyerly, Damon Key Leong Kupchak Hastert
    Mr. Eyerly may be contacted at te@hawaiilawyer.com