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    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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    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
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    ANAHEIM CALIFORNIA CONSTRUCTION EXPERT WITNESS
    DIRECTORY AND CAPABILITIES

    Leveraging from more than 4500 construction defect and claims related expert designations, the Anaheim, California Construction Expert Directory delivers a superior construction and design expert support solution to construction claims professionals concerned with construction defect and claims litigation. BHA provides construction related consulting and expert witness support services to the nation's most recognized builders, risk managers, legal professionals, owners, state and local government agencies. Utilizing captive resources which comprise building envelope and design experts, forensic engineers, forensic architects, and construction cost and scheduling consultants, the construction experts group brings national experience and local capabilities to Anaheim and the surrounding areas.

    Anaheim California construction expert witness public projectsAnaheim California construction expert witnessesAnaheim California window expert witnessAnaheim California construction defect expert witnessAnaheim California construction cost estimating expert witnessAnaheim California civil engineer expert witnessAnaheim California construction forensic expert witness
    Construction Expert Witness News & Info
    Anaheim, California

    Potential Gap in Workers Compensation Immunity Statutory Framework

    June 02, 2026 —
    Workers compensation insurance is important. As an owner, you want to ensure the contractors you hire have workers compensation insurance. Assuming you hire a contractor that is statutorily exempt from workers compensation, you want to make sure, no exception, that any subcontractor that is hired has workers compensation insurance. (Regardless, you always want subcontractors to have workers compensation insurance.). In construction, the prime contractor serves as the “statutory employer” for purposes of workers compensation insurance. With workers compensation comes workers compensation immunity. Read the full story...
    Reprinted courtesy of David Adelstein, Kirwin Norris
    Mr. Adelstein may be contacted at dma@kirwinnorris.com

    The Modern Nuclear Renaissance Reaches New England

    April 14, 2026 —
    On March 31, 2026, the governors of all six New England states issued a joint, bipartisan statement committing the region to explore deployment of advanced nuclear energy technologies while supporting the continued safe, affordable and reliable operation of New England’s existing nuclear generation facilities. This coordinated regional initiative follows a major policy announcement in June 2025 by New York Governor Kathy Hochul directing the New York Power Authority to pursue development of at least 1,000 MW of advanced nuclear generation to support statewide reliability needs and New York’s zero‑carbon mission. Less than one year after New York formally embraced a modern nuclear renaissance, that renaissance has now expanded across the New England states—signaling a broader Northeast regional pivot toward nuclear as a core element of long‑term reliability, affordability and decarbonization strategies. For utilities and power generators, this shift creates both opportunities and planning imperatives that warrant immediate attention. Read the full story...
    Reprinted courtesy of Stephen J. Humes, Pillsbury
    Mr. Humes may be contacted at stephen.humes@pillsburylaw.com

    Massachusetts Settlement Targets Mortgage-Backed “Homeowner Benefit” Agreements

    April 08, 2026 —
    On March 11, Massachusetts Attorney General Andrea Joy Campbell announced a consent order with a real estate-related lender’s subsidiary, and affiliated individuals resolving allegations that the company violated the Massachusetts Consumer Protection Act by deceptively marketing mortgage-backed “Homeowner Benefit Agreements” to financially struggling homeowners. According to the complaint, the company offered homeowners relatively small upfront cash payments, typically less than $1,500, in exchange for a 40-year exclusive right to act as the listing broker if the homeowner later sold the property. The Attorney General alleged that the agreements also triggered substantial payment obligations upon other transfers, including death or foreclosure, and that the transactions were secured by recorded mortgages that could interfere with refinancing, home-equity access, or the ability to sell the home. The complaint further alleged that the company marketed the product to vulnerable consumers searching for loans or public benefits while obscuring the true nature of the transaction. Reprinted courtesy of A.J. S. Dhaliwal, Sheppard, Mehul N. Madia, Sheppard and Maxwell Earp-Thomas, Sheppard Mr. Dhaliwal may be contacted at adhaliwal@sheppard.com Mr. Madia may be contacted at mmadia@sheppard.com Mr. Earp-Thomas may be contacted at mearp-thomas@sheppard.com Read the full story...

    Kamran Salour Named to Los Angeles Times' 2026 Legal Visionaries List

    June 02, 2026 —
    Orange County Partner and Data Privacy & Cybersecurity Practice Co-Chair Kamran Salour was named to the Los Angeles Times' 2026 Legal Visionaries list, which honors the most innovative attorneys in Southern California. In announcing this year's Legal Visionaries, the Times said that Mr. Salour and his co-honorees "distinguish themselves not only through skilleand results but through an unwavering commitment to their clients, their craft and the communities they serve." "Their paths – shaped by rigorous education, defining cases and purposeful leadership – offer a deeper perspective on what sets true standouts apart," the Times' announcement stated. "Together, these visionaries exemplify a forward-thinking approach to the law, elevating both their profession and the people who depend on it." Read the full story...
    Reprinted courtesy of Lewis Brisbois

    Nevada’s Mandatory Nonbinding Arbitration Law for Civil Cases is Going Through Changes

    May 14, 2026 —
    Nevada currently operates an expedited litigation program designed to resolve civil disputes with a value up to $50,000 without incurring the “usual” expense of litigating these disputes. Over time, however, the number of civil cases that have been “exempted” from this program based on the claimed damages exceeding $50,000 has grown dramatically. In response, the Nevada Legislature recently enacted a number of rule changes designed to streamline Nevada’s arbitration process and include more cases. Among these changes are increasing the arbitration “cap” from $50,000 to $100,000. By way of background, the Nevada’s Court Annexed Arbitration program is a mandatory, non-binding program for civil cases in judicial districts that have county populations of 100,000 or more [1]. Nevada’s Court Annexed Arbitration was born out of NRS 38.250, which was enacted in 1991 and went into effect in the summer of 1992. The newly enacted NRS 38.250 was regarded as a way to address the problem of increased court caseloads while promoting judicial economy and efficiency in civil cases having a probable jury award of less than $25,000 [2]. Initially, cases that were automatically exempt from the program included class actions, medical malpractice disputes, divorce proceedings, and other domestic relations matters [3]. Reprinted courtesy of Brandon Wright, Lewis Brisbois and Manuel Gurule, Lewis Brisbois Mr. Wright may be contacted at Brandon.Wright@lewisbrisbois.com Mr. Gurule may be contacted at Manuel.Gurule@lewisbrisbois.com Read the full story...

    The Grenfell & Champlain Towers: Risk Management Considerations in the Wake of Catastrophic Loss — A UK/US Comparison

    June 02, 2026 —
    1. Introduction As part of the multinational collaborative relationship between Saxe Doernberger & Vita, P.C. and Fenchurch Law, we continually find ourselves in conversations about the sometimes subtle but sometimes drastic differences between risk management and coverage considerations from one country to the next. These differences are often highlighted by the fallout from large catastrophic losses that are widely publicized and illuminate sometimes widespread risks and perils that many others may be facing in the coming years. The response of governments and their subdivisions to the needs of victims and/or commercial parties, and insurance markets’ evaluation of and reactions to catastrophic losses vary widely from country to country and jurisdiction. In this article, we discuss these responses and reactions in the cases of the Grenfell Tower Fire in London, England, and the Champlain Tower collapse in Surfside, Florida, within the United States. These two widely publicized losses involved different risk management and insurance considerations based on where they occurred. They also saw substantially different government responses and raised varied questions about what the next steps are for their respective commercial and insurance markets. Read the full story...
    Reprinted courtesy of Eric M. Clarkson, Saxe Doernberger & Vita, P.C.
    Mr. Clarkson may be contacted at EClarkson@sdvlaw.com

    White and Williams LLP Secures Trio of Cyber Coverage Wins

    May 12, 2026 —
    Three weeks, three jurisdictions, three cyber wins. White and Williams picked up the first victory on March 9, 2026, in the United States District Court for the Western District of Texas, where the court granted summary judgment to their client enforcing a Cyber Crime Loss sublimit. See Perry & Perry Builders, Inc. v. Cowbell Cyber and Obsidian Specialty Ins. Co., 2026 U.S. Dist. LEXIS 49409 (E.D. Tex. Mar. 9, 2026). In Perry, the insured was deceived into transferring money intended for a vendor to an unintended third party. The insurer acknowledged that the loss was covered and paid the insured the policy’s Cyber Crime Loss sublimit. Discontent with a single sublimit, the insured argued that because it wired the money to the fraudster in separate transfers, it was entitled to a second Cyber Crime Loss sublimit. Reprinted courtesy of Gabriel Darwick, White and Williams LLP and Sean Elman, White and Williams LLP Mr. Darwick
    Top Developments: 2025 - Issue 2

    Build, Baby, Build. But Not Like This, Britain.

    STV and Tutor Perini/Parsons Arbitrate Unusual Dispute Over Seven $1M Deductibles

    Paycheck Protection Flexibility Act Of 2020: What You Need to Know

    Understanding Entitlement to Delays and Proper Support

    You Can Now Build a Multi-Million Dollar Home via Your iPad

    Renovation Contractors: Be Careful How You Disclose Your Projects

    New Executive Order on AI Innovation and Security: Key Takeaways for the Construction Industry

    Court of Appeal Puts the “Equity” in Equitable Subrogation

    Federal Regulatory Recap: A Summary of Recent Rulemaking Actions Taken or Proposed Affecting the Energy Industry

    Additional Insureds Owed a Defense in Underlying Personal Injury Suit

    Road Project to Improve Access to Peru's Machu Picchu Site

    Congratulations to Haight Attorneys Selected to the 2025 Southern California Super Lawyers and Rising Stars Lists

    The Final Nail: Ongoing Repairs Do Not Toll the Statute of Repose

    COVID-19 Win for Policyholders! Court Approves "Direct Physical Loss" Argument

    Who, Me?

    Partner Lisa M. Rolle and Associate Vito John Marzano Obtain Dismissal of Third-Party Indemnification Claims

    How the Jury Divided $112M in Seattle Crane Collapse Damages

    Caterpillar Forecast Tops Estimates as Construction Recovers

    No Coverage For Damage Caused by Chinese Drywall

    Documenting Contract Changes in Construction

    Construction Litigation Roundup: “I Never Had a Chance”

    Pollution Exclusion Bars Coverage for Inverse Condemnation Action

    Developer Pre-Conditions in CC&Rs Limiting Ability of HOA to Make Construction Defect Claims, Found Unenforceable

    If I Released My California Mechanics Lien, Can I File a New Mechanics Lien on the Same Project? Will the New Mechanics Lien be Enforceable?

    Washington Court Denies Subcontractor’s Claim Based on Contractual Change and Notice Provisions

    All Risk Policy Only Covers Repair to Portion of Dock That Sustains Damage

    Commencing of the Statute of Repose for Construction Defects

    The “Colorado American Dream Act:” H.B. 25-1272’s Construction Defect Reforms

    Resulting Loss From Faulty Workmanship Covered

    Contractor Sued for Contract Fraud by Government

    New Utah & Colorado Homebuilder Announced: Jack Fisher Homes

    Coverage Rejected Under Owned Property and Alienated Property Exclusions

    Employees in Construction Industry Entitled to Compensation for Time Spent Complying with Employer-Mandated Security Protocols

    Several Wilke Fleury Attorneys Featured in Sacramento Magazine 2022 Top Lawyers!

    Pennsylvania Court Finds that Two Possible Causes Can Prove a Product Malfunction Theory of Liability

    Florida “Property Damage” caused by an “Occurrence” and “Your Work” Exclusion

    Contract’s Definition of “Substantial Completion” Does Not Apply to Third Party for Purposes of SOL, Holds Court of Appeal

    Contractors Admit Involvement in Kickbacks

    Hunton Andrews Kurth’s Insurance Recovery Practice, Andrea DeField and Cary D. Steklof, Recognized as Legal Elite

    Construction Laborers Sue Contractors Over Wage Theft

    Court of Appeal Puts the “Equity” in Equitable Subrogation

    Newmeyer Dillion Partner Louis "Dutch" Schotemeyer Named One of Orange County's 500 Most Influential by Orange County Business Journal

    Unpaid Hurricane Maria Insurance Claims, New Laws in Puerto Rico, and the Lesson for all Policyholders

    Soldiers Turn Brickies as U.K. Homebuilders Seek Workers

    One to Watch: Case Takes on Economic Loss Rule and Professional Duties

    Federal Court Predicts Coverage In Utah for Damage Caused By Faulty Workmanship

    Amazon Can be Held Strictly Liable as a Product Seller in New Jersey

    Major Change to Residential Landlord Tenant Law

    Court Confirms No Duty to Reimburse for Prophylactic Repairs Prior to Actual Collapse

    NYC’s Next Hot Neighborhoods Targeted With Property Funds

    Will the Hidden Cracks in the Bay Bridge Cause Problems During an Earthquake?

    Efficient Proximate Cause Applies to Policy's Collapse Provisions

    When a Request for Equitable Adjustment Should Be Treated as a Claim Under the Contract Disputes Act

    Maryland Finally set to Diagnose an Allocation Method for Progressive Injuries

    UPDATE: ACS Obtains Additional $13.6 Million for General Contractor Client After $19.2 Million Jury Trial Victory

    Protecting Expert Opinions: Lessons Regarding Attorney-Client Privilege and Expert Retention in Construction Litigation

    Here's How Much You Can Make by Renting Out Your Home

    Illinois Town’s Bond Sale Halted Over Fraudulent Hotel Deals

    Design Professional Liens: A Blueprint

    Indirect Benefit Does Not Support Unjust Enrichment Claim Against Prime Contractor

    Stuck in Seattle: The Aggravating Adventures of a Gigantic Tunnel Drill

    The Fourth Circuit Applies a Consequential Damages Exclusionary Clause and the Economic Loss Doctrine to Bar Claims by a Subrogating Insurer Seeking to Recover Over $19 Million in Damages

    Construction Defect Journal Seeks Article Submissions Regarding SB800 and Other Builders Right to Repair Laws

    Pennsylvania: When Should Pennsylvania’s New Strict Products Liability Law Apply?

    Slavin Doctrine and Defense from Patent Defects

    Three Attorneys Named Among The Best Lawyers in America 2018

    Expired Contract Not Revived Due to Sovereign Immunity and the Ex Contractu Clause