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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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    Building Industry Association Southern California - Desert Chapter
    Local # 0532
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    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
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    17744 Skypark Cir Ste 170
    Irvine, CA 92614
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    Building Industry Association Southern California - Baldy View Chapter
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    8711 Monroe Ct Ste B
    Rancho Cucamonga, CA 91730
    http://www.biabuild.com

    Building Industry Association Southern California - LA/Ventura Chapter
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    28460 Ave Stanford Ste 240
    Santa Clarita, CA 91355


    Building Industry Association Southern California - Building Industry Association of S Ca Antelope Valley
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    44404 16th St W Suite 107
    Lancaster, CA 93535



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    ANAHEIM CALIFORNIA CONSTRUCTION EXPERT WITNESS
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    Through over four thousand construction related expert witness designations, the Anaheim, California Construction Expert Directory delivers a wide range of trial support and consulting services to lawyers and construction practice groups concerned with construction defect and claims litigation. BHA provides building related litigation support and expert witness services to the construction industry's leading builders and developers, legal professionals, and owners, as well as a variety of state and local government agencies. In connection with regional assets which comprise licensed architects, registered professional engineers, ASPE certified professional estimators, ICC Certified inspection and testing professionals, the organization brings national experience and local capabilities to Anaheim and the surrounding areas.

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    Anaheim, California

    New York Office Secures Victory in Trip & Fall Case After Bronx Supreme Court Grants Motion for Reargument

    July 28, 2025 —
    New York, N.Y. (June 25, 2025) - New York Partner Shawn Choudhury achieved a significant victory on behalf of his client, a subcontractor who recently completed sidewalk restoration work for a major utility provider in New York City, in a trip and fall case when a Bronx Supreme Court judge granted his motion for reargument and entered summary judgment for the client. The claim arose from a trip-and-fall accident in which the plaintiff alleged that she fell due to a raised sidewalk flag installed by our client. From the outset, Mr. Choudhury mounted a strong defense, moving for summary judgment on the grounds that the raised sidewalk did not cause the plaintiff to fall. Crucially, we submitted surveillance video which unequivocally showed that the plaintiff’s foot never made contact with the expansion joint or the alleged raised portion of the sidewalk prior to her fall. The video demonstrated that her right foot was firmly planted on the sidewalk, with clear space between her foot and the expansion joint, conclusively establishing that the identified condition had no role in causing the accident. Read the full story...
    Reprinted courtesy of Lewis Brisbois

    GRSM Ranks Among World’s 70 Largest Law Firms in 2025 Global 200 Rankings

    October 06, 2025 —
    Gordon Rees Scully Mansukhani has advanced to the 67th largest law firm in the world by headcount on the 2025 Global 200 list. The firm also ranked 86th on the list by revenue. These rankings highlight the firm’s ongoing growth and expanding market position. The 2025 Global 200, published by Law.com International, ranks the world’s largest law firms based on attorney headcount and revenue. Since 2020, GRSM has climbed 38 spots in both categories, an achievement that reflects the firm’s sustained strategic expansion and commitment to serving clients nationwide. “It is an honor to be recognized among the world’s largest law firms,” said Dion Cominos, Firmwide Managing Partner. “Our growth continues to be driven by the evolving needs of our clients and the strength of our 50-state platform, which enables us to deliver the reach of a national firm and the local capabilities of a regional firm.” Read the full story...
    Reprinted courtesy of Gordon Rees Scully Mansukhani

    Court Resolves Disagreement on the Amount of the Deductible

    December 02, 2025 —
    After a windstorm caused damage to the insured’s building and repair materials, the court sided with the insured in determining the amount of the deductible. Semaho, Inc. v. AMCO Ins. Co., 2025 U.S. Dist. LEXIS 193521 (D. Colo. Sept. 30, 2025). Semaho owned two commercial buildings insured under a policy issued by AMCO. The buildings were damaged in a windstorm and Semaho’s contractor stored the building materials for the repairs on one building’s roof. A second windstorm then seriously damaged the building materials stored on the roof. Semaho submitted a claim for the lost building materials. Coverage was undisputed but the parties disagreed over which deductible should apply to Semaho’s claim. The key policy provision stated that the deductible should be calculated separately for the “building” and for certain categories of “personal property,” based on “the value(s) of the property that has sustained loss or damage.” Read the full story...
    Reprinted courtesy of Tred R. Eyerly, Damon Key Leong Kupchak Hastert
    Mr. Eyerly may be contacted at te@hawaiilawyer.com

    Best Lawyers® Recognizes 40 White and Williams Lawyers

    August 25, 2025 —
    White and Williams LLP is pleased to congratulate our attorneys recognized in the Best Lawyers in America 2026 rankings. Best Lawyers has recognized three attorneys as "Lawyer of the Year” including: Robert G. Devine, in the area of Litigation - Insurance, who focuses his practice in the areas of catastrophic loss matters, construction litigation, employment law, commercial litigation, professional liability, products liability, premises liability, transportation law and dram shop liability in New Jersey, New York and Pennsylvania; Randy J. Maniloff, in the area of Insurance Law, who focuses his practice on the representation of insurers in coverage disputes over primary and excess obligations; and Patricia B. Santelle, in the area of Insurance Law & Litigation – Insurance, who focuses her practice on the representation of insurance company clients in matters involving asbestos, environmental, toxic tort and long-tail claims. Thirty-three White and Williams lawyers have been recognized as Best Lawyers in America 2026. Inclusion in Best Lawyers is based entirely on peer-review. The methodology is designed to capture, as accurately as possible, the consensus opinion of leading lawyers about the professional abilities of their colleagues within the same geographical area and legal practice area. Best Lawyers employs a sophisticated, conscientious, rational, and transparent survey process designed to elicit meaningful and substantive evaluations of quality legal services. In addition, seven lawyers were recognized as Best Lawyers: Ones to Watch® in America. This recognition is given to attorneys who are earlier in their careers for outstanding professional excellence in private practice in the United States. Read the full story...
    Reprinted courtesy of White and Williams LLP

    Bronx Public Housing Tower Partially Collapses

    October 06, 2025 —
    NEW YORK (AP) - A massive brick chimney running 20 stories up the side of a New York City apartment building collapsed after an explosion Wednesday, sending tons of debris plummeting to the ground. The falling bricks buried a sidewalk, landed on the playground of the public housing building and sent a cloud of dust billowing over the block in the Bronx, but amazingly did not injure anyone. “We avoided a major disaster here,” said Bronx Borough President Vanessa Gibson at a news conference. Mayor Eric Adams confirmed no injuries or deaths were reported in the collapse of the chimney, which rose up the side of the building from the boiler room. Authorities learned of an explosion just after 8 a.m. and were trying to determine if there had been a gas leak. Read the full story...
    Reprinted courtesy of Bloomberg

    Reminder: You Can’t Make Others Indemnify You for Your Own Actions

    January 13, 2026 —
    I have spoken about Virginia Code 11-4.1 and the prohibition on forcing others to indemnify for the actions of the indemnitees on a few occasions here at Construction Law Musings (See Uniwest Posts). The Western District of Virginia gave its take on indemnification clauses and why they need to be carefully drafted in a December 2024 case, Sauer Construction, LLC v. MC3 Solutions, LLC et al. In Sauer, the Court looked at, among other things, an indemnification provision between MC3, a subcontractor to Sauer, and MC3s sub-subcontractor, Bonitz Flooring Group. This was the relatively typical construction dispute where a general contractor sues a subcontractor and then that subcontractor sues its supplier and sub-subcontractors for indemnity pursuant to its contract. When faced with the indemnification claim, Bonitz argued that the indemnification provision violated the Va. Code 11-4.1 because it required Bonitz to indemnify MC3 for MC3’s actions. The provision follows the break. Read the full story...
    Reprinted courtesy of The Law Office of Christopher G. Hill
    Mr. Hill may be contacted at chrisghill@constructionlawva.com

    Seven Kahana Feld Attorneys Recognized in The Best Lawyers in America® 2026

    September 02, 2025 —
    NEW YORK – Aug. 21, 2025 – Kahana Feld is pleased to announce that Eric S. Bernhardt and Daniel R. Erwin were included in the 2026 edition of The Best Lawyers in America® and Joyce J. Choi, Dominic Donato, Anisha Mathew, Joshua C. Offenhartz, and Antigone Tzakis were included in Best Lawyers: Ones to Watch® in America.  Best Lawyers in America 2026 Eric Bernhardt was awarded for his work in Litigation - Insurance. Bernhardt is a partner in the firm’s Buffalo, NY office, admitted in New York and California, and a member of Kahana Feld’s national appellate litigation & consulting group, as well as the New York general litigation team. His practice encompasses multiple types of litigation including the defense of New York Labor Law, construction, product liability, trucking, automobile accident, and premises liability cases.  Daniel Erwin was recognized in the area of Personal Injury Litigation - Defendants. Erwin is a partner in Kahana Feld’s Houston office and practices primarily in the firm’s General Liability, Trucking and Transportation, and Con
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