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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
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    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

    Arizona – New Discovery Rules

    Homeowners Not Compelled to Arbitration in Construction Defect Lawsuit

    Five Pointers for Enforcing a Non-Compete Agreement in Texas

    Blog Completes Sixteenth Year

    Duty to Defend For Accident Exists, But Not Duty to Indeminfy

    Steps to Defending against Construction Defect Lawsuits

    Lessee Deemed Statutory Employer, Immune from Tort Liability by Pennsylvania Court

    Nevada Senate Rejects Construction Defect Bill

    $24 Million Verdict Against Material Supplier Overturned Where Plaintiff Failed to Prove Supplier’s Negligence or Breach of Contract Caused an SB800 Violation

    Surety's Settlement Without Principal's Consent Is Not Bad Faith

    California Imposes New Disabled Access Obligations on Commercial Property Owners

    Trial Victory in San Mateo County!

    Construction Defect Claim Not Timely Filed

    Court of Appeal: Privette Doctrine Does Not Apply to Landlord-Tenant Relationships

    Pennsylvania Homeowner Blames Cracks on Chipolte Construction

    Stay of Coverage Case Appropriate While Court Determines Arbitrability of Dispute

    Florida Property Bill Passes Economic Affairs Committee with Amendments

    Diggerland, UK’s Construction Equipment Theme Park, is coming to the U.S.

    Augmented and Mixed Reality in Construction

    Construction on the Rise in Washington Town

    Two More Lawsuits Filed Over COVID-19 Business Interruption Losses

    Super Lawyers Selects Haight Lawyers for Its 2024 Southern California Rising Stars List

    Conflicting Exclusions Result in Duty to Defend

    Public Contract Code 9204 – A New Mandatory Claims Process for Contractors and Subcontractors – and a Possible Trap for the Unwary

    Review the Terms and Conditions of Purchase Orders- They Could be Important!

    When Does a Claim Against an Insurance Carrier for Failing to Defend Accrue?

    Future Army Corps Rulings on Streams and Wetlands: Changes and Delays Ahead

    Best Lawyers® Recognizes 49 White and Williams Attorneys

    General Partner Is Not Additional Insured For Construction Defect Claim

    Self-Storage Magnates Cash In on the Surge in Real Estate

    Contractor Liable for Soils Settlement in Construction Defect Suit

    Retainage: What Contractors Need to Know and Helpful Strategies

    Carillion Fallout Affects Major Hospital Project in Liverpool

    Google, Environmentalists and University Push Methane-Leak Detection

    Need to Cover Yourself for “Crisis” Changes on a Job Site? Try These Tips (guest post)

    Contract Change # 10: Differing Site Conditions (law note)

    Newmeyer & Dillion Selected to 2017 OCBJ’s Best Places to Work List

    US Appeals Court Halts OSHA Vaccine Mandate, Unclear How Long

    Priority of Liability Insurance Coverage and Horizontal and Vertical Exhaustion

    Work to Solve the Mental Health Crisis in Construction

    Condemnation Actions: How Valuable Is Your Evidence of Property Value?

    Construction Contract’s Scope of Work Should Be Written With Clarity

    You Are Your Brother’s Keeper. Direct Contractors in California Now Responsible for Wage Obligations of Subcontractors

    Arizona Court of Appeals Awards Attorneys’ Fees in Quiet-Title Action

    New Jersey Appellate Decision Reminds Bid Protestors to Take Caution When Determining Where to File an Action

    The Leaning Tower of San Francisco

    Mortgagors Seek Coverage Under Mortgagee's Policy

    Congratulations to Haight’s 2021 Super Lawyers San Diego Rising Stars

    Injured Construction Worker Settles for Five Hundred Thousand

    Construction Defects as Occurrences, Better Decided in Law than in Courts
    Corporate Profile

    ANAHEIM CALIFORNIA CONSTRUCTION EXPERT WITNESS
    DIRECTORY AND CAPABILITIES

    Leveraging from approximately 5000 construction defect and claims related expert designations, the Anaheim, California Construction Expert Directory offers a wide range of trial support and construction consulting services to lawyers and construction practice groups seeking effective resolution of construction defect and claims matters. BHA provides building related trial support and expert consulting services to the nation's most recognized construction practice groups, Fortune 500 builders, CGL carriers, owners, as well as a variety of public entities. Utilizing captive resources which comprise licensed architects, registered professional engineers, ASPE certified professional estimators, ICC Certified inspection and testing professionals, the firm brings national experience and local capabilities to Anaheim and the surrounding areas.

    Anaheim California structural engineering expert witnessesAnaheim California roofing and waterproofing expert witnessAnaheim California construction expert witness public projectsAnaheim California eifs expert witnessAnaheim California architectural engineering expert witnessAnaheim California architect expert witnessAnaheim California construction cost estimating expert witness
    Construction Expert Witness News & Info
    Anaheim, California

    “Over? Did you say ‘over’?”

    December 31, 2024 —
    The United States Seventh Circuit Court of Appeals recently held that under the Federal Arbitration Act, an arbitrator – and not a court – is to determine the preclusive effect of an arbitrator’s earlier ruling. In the case, insurers engaged in three reinsurance agreements had previously arbitrated concerning one of the insurer’s billing methodologies. When a similar dispute occurred years later, the victors in the first arbitration – rather than pursuing arbitration – filed in federal court in Chicago seeking to have the court declare that the prior arbitration award precluded re-arbitration of the latest dispute. The insurer on the other side of the dispute moved to compel arbitration, a motion granted by the district court. The plaintiff insurers appealed. Read the full story...
    Reprinted courtesy of Daniel Lund III, Phelps
    Mr. Lund may be contacted at daniel.lund@phelps.com

    Navigating D&O Coverage for Cyber Fraud: Lessons from Alaska

    February 25, 2025 —
    An Alaska federal court recently dismissed a construction company’s lawsuit, accusing a D&O insurer of bad faith refusal to provide coverage for an email spoofing scheme that resulted in nearly $2 million in fraudulent wire transfers. Alaska Frontier Constructors, Inc., v. Travelers Cas. and Sur. Co. of Am., No. 3:24-cv-00259 (D. Alaska, Nov. 11, 2024). While the case was voluntarily dismissed before the D&O insurer responded to the complaint, the policyholder’s allegations tell a familiar story and highlight several areas of dispute that companies face when navigating the fallout from cyber incidents. Background Alaska Frontier Constructors, Inc. (AFC) experienced a 2023 cyber incident where an imposter tricked AFC into wiring $1.9 million into a fraudulent bank account via email. AFC’s CFO received an email that appeared to have been sent by the CFO of another company, Kuukpik, whom AFC worked closely with. The spoofed email asked when a payment would be made for money owed to Kuukpik by Nanuq, a wholly owned subsidiary of Kuukpik that AFC worked with closely on many projects. Reprinted courtesy of Geoffrey B. Fehling, Hunton Andrews Kurth LLP and Madalyn “Mady” Moore, Hunton Andrews Kurth LLP Mr. Fehling may be contacted at gfehling@hunton.com Ms. Moore may be contacted at mmoore@hunton.com Read the full story...

    Deterioration of Bridge Infrastructure Is Increasing Insurance Needs

    December 03, 2024 —
    As the world is taken by storm—literally, with increasing hurricanes, tornadoes, wildfires and more—insuring construction projects and infrastructure is becoming more complicated yet more necessary. Sean Pender, senior vice president of construction and development at CAC Specialty, is a leading specialty insurance broker and advisor. As major-storm season for the Northern hemisphere rounds out, he speaks with Construction Executive about the potential risk and insurance implications to the process of ensuring proper repairs, replacements and other forms of maintenance to one of the country’s most pivotal pieces of infrastructure: bridges. What does insurance coverage look like for building bridges in various environments throughout the country? Insurance is essential to protect the entity that owns the bridge during construction. Bridges under construction are at the highest risk of collapse because they are not yet fully stabilized and are exposed to severe weather and natural disasters, which could cause significant damage to the structure or injury to workers and civilians. Therefore, comprehensive liability insurance programs—typically with coverage limits of $50 to $100 million or higher—are crucial, especially with activities on or over waterways. Reprinted courtesy of Grace Calengor, Construction Executive, a publication of Associated Builders and Contractors. All rights reserved. Read the full story...

    Why Death Follows Faulty Edge Fall Protection–And How to Fix It

    March 18, 2025 —
    The last earthly contact Siarhei Marhunou had with a construction material was with a 2 x 4 that was part of a protective guardrail on the balcony where he had been installing siding. The barrier had been erected by a prior contractor that worked at 2330 Sansom Street, a Philadelphia residence undergoing renovation, some time before Marhunou’s arrival at the job in December 2021. The guardrail apparently was too low to meet the federal standard for edge barriers where a ladder was in use and lacked a midrail, an expert witness for Marhunou’s widow reported in her negligence lawsuit against the companies on the project. Read the full story...
    Reprinted courtesy of Richard Korman, Engineering News-Record
    Mr. Korman may be contacted at kormanr@enr.com

    “For What It’s Worth”

    October 21, 2024 —
    The legal doctrine of quantum meruit is essentially referring to recovering “for what it’s worth,” incorporating the Latin phrase for “as much as one has deserved.” Quantum meruit recovery occurs when there is no contract between parties for the particular item for which recovery is sought. Hence, quantum meruit recovery is generally a means of last resort to endeavor to make oneself whole. So, it was for a subcontractor seeking nearly $14,000,000 for work it performed on a construction project in Portsmouth, New Hampshire. The subcontractor sued on contract as well as quantum meruit/unjust enrichment. The court initially dismissed the quantum meruit/unjust enrichment claims – because there was a contract claim – whereupon the contract claim was dismissed on summary judgment: the subcontractor failed to timely submit change proposals and, consequently, “lost contract remedies available to recover amounts it sought in the change proposals.” Read the full story...
    Reprinted courtesy of Daniel Lund III, Phelps
    Mr. Lund may be contacted at daniel.lund@phelps.com

    BKV Barnett, LLC v. Electric Drilling Technologies, LLC: Analyzing the Impact of Colorado’s Anti-Indemnification Statute

    December 23, 2024 —
    In the recent case of BKV Barnett, LLC v. Electric Drilling Technologies, LLC, the United States District Court for the District of Colorado dealt with significant legal issues concerning indemnification and insurance obligations in construction agreements. The ruling, handed down on September 26, 2024, serves as a crucial reminder of the limitations imposed by Colorado’s Anti-Indemnification Statute, C.R.S. § 13-21-111.5, and its implications for contracts in the construction industry. This case arose from a Master Service Contract (“MSC”) between BKV Barnett, LLC (“BKV”) and Electric Drilling Technologies, LLC (“EDT”), in which EDT provided electrical services and equipment to an oil and gas lease wellsite in Texas. Following a lightning strike in early 2022 that damaged electrical infrastructure at the site, EDT dispatched Turn Key Utility Construction to repair the damage. During the repair work, an arc flash occurred, causing significant injuries to one of Turn Key’s employees, Matthew Lara, leading to a personal injury lawsuit filed by Lara in Dallas County, Texas. BKV sought indemnification, defense, and additional insured status from EDT under the terms of their MSC, which EDT contested. Read the full story...
    Reprinted courtesy of David McLain, Higgins, Hopkins, McLain & Roswell
    Mr. McLain may be contacted at mclain@hhmrlaw.com

    Urban Retrofits, Tall Buildings, and Sustainability

    January 14, 2025 —
    As I took a small break between cases and contract reviews, an article in the November 2, 2009 issue of ENR Magazine caught my eye. The article discusses the efforts of a Chicago architect to create a holistic approach to the renovation and “de-carbonization” of the Chicago Loop area. The plan involves large scale energy retrofits and sustainable reuse of Chicago’s tall buildings. Another interesting aspect of this article points out that tall buildings in general have hit the construction skids in the US and Latin America, this is not the case in Europe and the Middle East. However, those buildings that are going up (and up and up) are trying to go “green.” Several of the worlds tallest buildings, or soon to be so, are seeking LEED gold or platinum certification. These two trends, in my view, are healthy. First of all, much like the goal of Build2Sustain, the Chicago effort is a move toward sustainable reuse and retrofit/renovation. I see this as a great trend and a way to perform the “Three R’s” (Reduce, Reuse, Recycle), by reusing existing building materials and footprints without the cost and use of newer materials from tear downs and rebuilds. Read the full story...
    Reprinted courtesy of The Law Office of Christopher G. Hill
    Mr. Hill may be contacted at chrisghill@constructionlawva.com

    What Construction Firm Employers Should Do Right Now to Minimize Legal Risk of Discrimination and Harassment Lawsuits

    October 07, 2024 —
    Seyfarth Synopsis: In June 2024, Seyfarth published a blog article warning construction industry employers of recent anti-harassment guidelines issued by the EEOC. We predicted that the EEOC has “put the construction industry squarely in its sights.”[1] In this follow-up Alert, we discuss recent cases confirming the renewed regulatory focus on the construction sector, which demonstrate the need to put in place sound practices for non-discriminatory recruitment, hiring, and training of the work force in order to be prepared for this heightened risk of government scrutiny. Recent EEOC Settlements The U.S. Equal Employment Opportunity Commission (EEOC) has indicated, in no uncertain terms, that over the next five years it intends to prioritize the mitigation of systemic workplace problems and the historical underrepresentation of women and workers of color in the construction sector.[2] Two recent cases confirm that the EEOC is true to its word when it comes to tackling racial and gender disparities in the construction work force. In August 2024, the EEOC secured two consent decrees with two separate construction firms in Florida, totaling nearly $3 million. Reprinted courtesy of Anthony LaPlaca, Seyfarth, Dawn Solowey, Seyfarth, Andrew Scroggins, Seyfarth and Adrienne Lee, Seyfarth Mr. LaPlaca may be contacted at alaplaca@seyfarth.com Ms. Solowey may be contacted at dsolowey@seyfarth.com Mr. Scroggins may be contacted at ascroggins@seyfarth.com Ms. Lee may be contacted at aclee@seyfarth.com Read the full story...