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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

    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

    Building Industry Association Southern California - Orange County Chapter
    Local # 0532
    17744 Skypark Cir Ste 170
    Irvine, CA 92614

    Building Industry Association Southern California - Baldy View Chapter
    Local # 0532
    8711 Monroe Ct Ste B
    Rancho Cucamonga, CA 91730

    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

    Kiewit-Turner Stops Work on VA Project—Now What?

    Court Rejects Insurer's Argument That Two Triggers Required

    U.S. Supreme Court Weighs in on Construction Case

    No Coverage for Additional Insured After Completion of Operations

    Because I Haven’t Mentioned Mediation Lately. . .

    What You Need to Know About the Recently Enacted Infrastructure Bill

    Colorado Requires Builders to Accommodate High-Efficiency Devices in New Homes

    California Plant Would Convert Wood Waste Into Hydrogen Fuel

    A New Hope - You Now May Have Coverage for Punitive Damages in Connecticut

    Breach of Fiduciary Duty Claim Against Insurer Survives Motion to Dismiss

    Staying the Course, Texas Supreme Court Rejects Insurer’s Argument for Exception to Eight-Corners Rule in Determining Duty to Defend

    Insured's Complaint for Breach of Contract and Bad Faith Adequately Pleads Consequential Damages

    Virtual Mediation – How Do I Make It Work for Me?

    Hawaii Supreme Court Construes Designated Premises Endorsement In Insured's Favor

    No Coverage Where Cracks in Basement Walls Do Not Amount to Sudden Collapse

    Georgia Court of Appeals Holds Lay Witness Can Provide Opinion Testimony on the Value of a Property If the Witness Had an Opportunity to Form a Reasoned Opinion

    Suing A Payment Bond Surety in Different Venue Than Set Forth in The Subcontract

    Claimants’ Demand for Superfluous Wording In Release Does Not Excuse Insurer’s Failure to Accept Policy Limit Offer Within Time Specified

    If You Don’t Like the PPP Now, Wait a Few Minutes…Major Changes to PPP Loan Program as Congress Passes Payroll Protection Program Flexibility Act

    CDC Issues Moratorium on Residential Evictions Through 2020

    Court Requires Adherence to “Good Faith and Fair Dealing” in Construction Defect Coverage

    Managing Narrative, Capturing Context, and Building Together: Talking VR and AEC with David Weir-McCall

    Quick Note: Insurer Must Comply with Florida’s Claims Administration Act

    Withholding Payment or Having Your Payment Withheld Due to Disputes on Other Projects: Know Your Rights to Offset

    Settlement Agreement? It Ain’t Over ‘Til it’s . . . Final, in Writing, Fully Executed, and Admissible

    Eighth Circuit Affirms Finding of Bad Faith, Award of Costs and Prejudgment Interest

    As California Faces Mandatory Water Use Reductions How Will the Construction Industry be Impacted?

    Labor Code § 2708 Presumption of Employer Negligence is Not Applicable Against Homeowners Who Hired Unlicensed Painting Company

    Motion to Dismiss Insurer's Counterclaim for Construction Defects Is Granted

    Foundation Arbitration Doesn’t Preclude Suing Over Cracks

    Four Dead After Crane Collapses at Google’s Seattle Campus

    No Coverage for Faulty Workmanship Where Underlying Claim is Strictly Breach of Contract

    Eight Ways to Protect a Construction Company Before a Claim Is Filed

    How to Fix America

    Unjust Enrichment and Express Contract Don’t Mix

    Minneapolis Condo Shortage Blamed on Construction Defect Law

    Third Circuit Affirms Use of Eminent Domain by Natural Gas Pipeline

    Homebuilders Opposed to Potential Change to Interest on Construction Defect Expenses

    Failing to Pay Prevailing Wages May Have Just Cost You More Than You Thought

    Flood-Threat Assessment Finds Danger Goes Far Beyond U.S. Homes

    N.J. Appellate Court Applies Continuous Trigger Theory in Property Damage Case and Determines “Last Pull” for Coverage

    Anti-Concurrent Causation Clause Bars Coverage for Pool Damage

    Pennsylvania Supreme Court Rules in Builder’s Implied Warranty of Habitability Case

    Subcontractor Entitled to Defense for Defective Work Causing Property Damage Beyond Its Scope of Work

    Production of Pre-Denial Claim File Compelled

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

    School District Settles Construction Lawsuit

    Carillion Fallout Affects Major Hospital Project in Liverpool

    2018 Super Lawyers and Rising Stars!

    Insurance Policy Provides No Coverage For Slab Collapse in Vision One
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    Through more than 4500 construction related expert witness designations, the Anaheim, California Construction Expert Directory delivers a comprehensive construction and design expert support solution to builders, risk managers, and construction practice groups concerned with construction defect, scheduling, and delay claims. BHA provides construction claims evaluation, testimony, and support 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. Employing in house assets which comprise construction cost and scheduling experts, registered design professionals, forensic engineers, certified professional estimators, the firm brings regional experience and local capabilities to Anaheim and the surrounding areas.

    Anaheim California architect expert witnessAnaheim California expert witness concrete failureAnaheim California building envelope expert witnessAnaheim California construction project management expert witnessAnaheim California multi family design expert witnessAnaheim California construction expertsAnaheim California consulting general contractor
    Construction Expert Witness News & Info
    Anaheim, California

    Pile Test Likely for Settling Millennium Tower

    October 04, 2021 —
    A pilot pile program to prove the efficacy of a less-disruptive method for the paused foundation fix at the ailing Millennium Tower in San Francisco could begin the week of Oct. 4. Accelerated settling and tilt—caused by a pile upgrade intended to correct settlement of the 645-ft-tall residential condominium—ceased after Aug. 20, when the engineer-of-record halted the $100-million fix. Reprinted courtesy of Nadine M. Post, Engineering News-Record Ms. Post may be contacted at Read the full story...

    Recommendations for Property Owners After A Hurricane: Submit a Claim

    October 04, 2021 —
    If you suffered damage as a result of a hurricane, you should submit a claim under any insurance policy you have that might apply. This includes:
    • Flood insurance
    • Homeowner’s insurance
    • Renter’s insurance
    • Condo insurance
    • Auto insurance
    Steps for Handling Your Hurricane Insurance Claim
    1. Submit Your Claim. As soon as possible, provide a written notice of claim to your insurer according to the notice provision of your policy. Keep a copy for your records. If you don’t have a copy of your policy, call the insurance company, ask them how to submit your claim, and request a copy of your policy.
    Reprinted courtesy of Kelly A. Johnson, Saxe Doernberger & Vita, Stephanie A. Giagnorio, Saxe Doernberger & Vita and Gregory D. Podolak, Saxe Doernberger & Vita Ms. Johnson may be contacted at Ms. Giagnorio may be contacted at Mr. Podolak may be contacted at Read the full story...

    Illinois Supreme Court Rules Labor Costs Not Depreciated to Determine Actual Cash Value

    November 19, 2021 —
    The Illinois Supreme Court determined that a homeowner insurer may not depreciate labor costs in calculating actual cash value (ACV) after a loss under the policy. Sproull v. State Farm Fire and Casualty Co., 2021 Ill. LEXIS 619 (Ill. Sept. 23, 2021). Plaintiff was insured under a homeowner's policy that provided replacement cost coverage for structural damage. Under the policy, the insured would initially receive an ACV payment but then could receive replacement cost value (RCV) if repairs or replacement were completed within two years and the insurer was timely notified. The policy did not define "actual cash value." Plaintiff suffered wind damage to his residence and timely submitted a property damage claim to State Farm. The adjuster determined that the building sustained a loss with RCV of $1711.54. In calculating ACV, State Farm began with the RCV and then subtracted plaintiff's $1000 deductible and an additional $394.36, including taxes, for depreciation. Plaintiff thus received an ACV payment of $317.18. Plaintiff claimed that he was underpaid on his ACV claim because State Farm depreciated labor, which is intangible and thus not subject to wear, tear, and obsolescence. Further, labor should not have been depreciated because it was not susceptible to aging or wearing and its value did not diminish over time. Read the full story...
    Reprinted courtesy of Tred R. Eyerly, Damon Key Leong Kupchak Hastert
    Mr. Eyerly may be contacted at

    Lewis Brisbois Ranks 11th in Law360’s Glass Ceiling Report on Gender Parity in Law Firms

    October 11, 2021 —
    Lewis Brisbois has ranked 11th in Law360’s 2021 Glass Ceiling report, moving up from 37th place in 2020. The report measures female presence and gender parity in law firms, this year evaluating 269 organizations. As described in the Law360 Pulse article titled "Glass Ceiling Report: How Does Your Firm Stack Up?," the publication redesigned its report this year to evaluate female attorneys’ industry standing from a new angle by showing how the percentage of women across three levels within law firms compared with the potential marketplace of hires. This evaluation resulted in the firms’ "pipeline scores," which measure a firm’s percentage points above or below a set of benchmarks assembled with data from the American Bar Association and previous Law360 submissions. Lewis Brisbois’ Los Angeles Co-Managing Partner Jana Lubert and Chief Strategy Officer Janet Eskow, the co-chairs of Lewis Brisbois' Women's Initiative, each expressed excitement about the report, along with resolve to further promote gender diversity. "We are proud that Lewis Brisbois has moved up in these rankings because we have focused diligently on hiring and retaining the best legal talent from a diverse pool of candidates nationwide," Ms. Lubert said. "At the same time, we recognize that there is more to be done to further improve gender equity and inclusion. We remain committed to this important goal, both as it pertains to Lewis Brisbois and to the entire legal industry," she added. Read the full story...
    Reprinted courtesy of Lewis Brisbois

    Would You Trade a Parking Spot for an Extra Bedroom?

    August 23, 2021 —
    A bill wending its way through the California Legislature could suddenly make a lot more new housing economically feasible. Known as AB 1401, the legislation would abolish local parking requirements for new residential and commercial developments near bus or train stops. It applies to counties with more than 600,000 residents and cities with more than 75,000 people. The bill does not prohibit or restrict parking. It merely deregulates it, allowing developers to decide what works best for a given project. It opens up the possibility, for example, of providing parking in an off-site garage or lot. It permits tandem parking to save space or subsidized shared ride services. It doesn’t prescribe a one-size-fits-all solution to how buildings can best serve the people who use them, and it allows flexibility as transportation options evolve. Most homeowners and tenants want some sort of parking, but local mandates can be extreme — and extremely expensive. Twenty-one California towns even require more than three parking places for a three-bedroom single-family home. Read the full story...
    Reprinted courtesy of Virginia Postrel, Bloomberg

    Bert Hummel Appointed Vice Chair of State Bar of Georgia Bench & Bar Committee

    October 24, 2021 —
    Atlanta, Ga. (October 4, 2021) – Atlanta Partner Bert Hummel was recently named Vice Chair of the State Bar of Georgia's Bench & Bar Committee for the 2021-2022 year. The Bench & Bar Committee identifies and facilitates solutions to issues of mutual interest between State judges and Georgia lawyers for the benefit of the bench, the bar and the public. It also oversees the annual Justice Thomas O. Marshall Professionalism Award, which honors one lawyer and one judge who have demonstrated the highest professional conduct and paramount reputation for professionalism. Read the full story...
    Reprinted courtesy of Bert Hummel, Lewis Brisbois
    Mr. Hummel may be contacted at

    Structure of Champlain Towers North Appears Healthy

    August 04, 2021 —
    There is good news for the residents of the occupied Champlain Towers North, the 12-story residential condominium in Surfside, Fla., located a short distance up Collins Avenue from its near-twin Champlain Towers South, which failed unexpectedly June 24. The unstable remaining wing of the Champlain Towers South concrete structure was imploded July 4, after the partial progressive collapse that killed at least 94 people and left another 22 still missing. Reprinted courtesy of Nadine M. Post, Engineering News-Record Ms. Post may be contacted at Read the full story...

    SFAA Commends Congress for Maintaining Current Bonding Protection Levels in National Defense Authorization Act (NDAA)

    December 20, 2021 —
    December 15, 2021 (WASHINGTON, DC) – The Surety & Fidelity Association of America (SFAA), a nonprofit, nonpartisan trade association representing all segments of the surety and fidelity industry, commends the U.S. Senate and House for passing the National Defense Authorization Act (NDAA) for Fiscal Year 2022, and including Section 877, which exempts the Miller Act from periodic indexing for inflation. SFAA would like to thank Miller Act exemption bill sponsors, Representatives Nydia Velazquez (D-NY) and Byron Donalds (R-FL), as well as Senators Robert Portman (R-OH), Gary Peters (D-MI) and Mazie Hirono (D-HI), for their leadership and commitment on the passage of this bill. Exempting the Miller Act from periodic indexing for inflation ensures essential payment protections remain in place for subcontractors, suppliers, and workers on all federal construction contracts subject to the Miller Act. The exemption also ensures performance protections for taxpayers will remain in place on federal construction contracts of $150,000 and more. For over 80 years, the federal Miller Act has protected taxpayers against risk of loss by requiring payment and performance bonds on federal construction contracts. President Biden is expected to sign the NDAA into law in the coming days. The Surety & Fidelity Association of America (SFAA) is a nonprofit, nonpartisan trade association representing all segments of the surety and fidelity industry. Based in Washington, D.C., SFAA works to promote the value of surety and fidelity bonding by proactively advocating on behalf of its members and stakeholders. The association’s more than 450 member companies write 98 percent of surety and fidelity bonds in the U.S. For more information visit