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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

    Contractor Entitled to Continued Defense Against Allegations of Faulty Construction

    Modular Homes Test Energy Efficiency Standards

    Eastern District of Pennsylvania Denies Bad Faith Claim in HO Policy Dispute

    Occurrence-Based Insurance Policies and Claims-Made Insurance Policies – There’s a Crucial Difference

    California Makes Big Changes to the Discovery Act

    Florida District Court Finds That “Unrelated” Design Errors Sufficient to Trigger “Related Claims” Provision in Architects & Engineers Policy

    Loss Ensuing from Alleged Faulty Workmanship is Covered

    How the Pandemic Pushed the Construction Industry Five Years Into the Future

    Wildfire Insurance Coverage Series, Part 3: Standard Form Policy Exclusions

    Construction Defect Bill Introduced in California

    Design-Build Contracting: Is the Shine Off the Apple?

    A Court-Side Seat: “Inholdings” Upheld, a Pecos Bill Come Due and Agency Actions Abound

    This Company Wants to Cut Emissions to Zero in the Dirty Cement Business

    Time is of the Essence, Even When the Contract Doesn’t Say So

    Jury Trials and Mediation in Philadelphia County: Virtually in Person

    SB800 Is Now Optional to the Homeowner?

    DOJ to Prosecute Philadelphia Roofing Company for Worker’s Death

    In Louisiana, Native Americans Struggle to Recover From Ida

    Court Agrees to Stay Coverage Matter While Underlying State Action is Pending

    Ninth Circuit Court Weighs In On Insurance Coverage For COVID-19 Business Interruption Losses

    Reasonable Expectations – Pennsylvania’s Case by Case Approach to the Sutton Rule

    Happenings in and around the 2015 West Coast Casualty Seminar

    Evolving Climate Patterns and Extreme Weather Demand New Building Methods

    Appeals Court Affirms Carrier’s Duty to Pay Costs Taxed Against Insured in Construction Defect Suit

    New York Court Finds Insurers Cannot Recover Defense Costs Where No Duty to Indemnify

    Yet Another Reminder that Tort and Contract Don’t Mix

    Maui Wildfire Cleanup Advances to Debris Removal Phase

    How the Election Could Affect the Housing Industry: Steven Cvitanovic Authors Construction Today Article

    Signs of a Slowdown in Luxury Condos

    Wisconsin Court Applies the Economic Loss Doctrine to Bar Negligence Claims for Purely Economic Losses

    VOSH Jumps Into the Employee Misclassification Pool

    In a Win for Property Owners California Court Expands and Clarifies Privette Doctrine

    No Coverage Under Anti-Concurrent Causation Clause

    Saved By The Statute: The Economic Loss Doctrine Does Not Bar Claims Under Pennsylvania’s Unfair Trade Practices and Consumer Protection Law

    BHA Announces New Orlando Location

    Consumer Protection Act Whacks Seattle Roofing Contractor

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

    Federal Court Strikes Down 'Persuader' Rule

    Burden to Prove Exception to Exclusion Falls on Insured

    Maui Wildfire Cleanup Could Cost $1B and Take One Year

    EEOC Sues Whiting-Turner Over Black Worker Treatment at Tennessee Google Project

    WSHB Expands into the Southeast

    Largest Per Unit Settlement Ever in California Construction Defect Case?

    Hawaii Court Finds No Bad Faith, But Negligent Misrepresentation Claim Survives Summary Judgment in Construction Defect Action

    NYC’s Developers Plow Ahead With Ambitious Plans to Reshape City

    Precast Standards' Work Under Way as Brittle Fracture Warnings Aired

    Back to Basics: What is a Changes Clause?

    Hold on Just One Second: Texas Clarifies Starting Point for Negligence Statute of Limitations

    Insurance Firm Defends against $22 Million Claim

    Home Building Likely to Stick to Slow Pace
    Corporate Profile

    ANAHEIM CALIFORNIA CONSTRUCTION EXPERT WITNESS
    DIRECTORY AND CAPABILITIES

    Drawing from more than four thousand engineering, construction, and builders standard of care related expert designations, the Anaheim, California Construction Expert Directory delivers a comprehensive construction and design expert support solution to legal professionals and construction practice groups concerned with the effective resolution of construction defect and claims litigation. BHA provides building related consulting and expert witness support services to the nation's most recognized construction practice groups, public builders, risk managers, owners, state and local government agencies. Employing in house assets which include testifying architects, design engineers, construction cost and standard of care experts, the firm brings national experience and local capabilities to Anaheim and the surrounding areas.

    Anaheim California building code expert witnessAnaheim California construction forensic expert witnessAnaheim California consulting general contractorAnaheim California construction code expert witnessAnaheim California building code compliance expert witnessAnaheim California expert witness concrete failureAnaheim California building envelope expert witness
    Construction Expert Witness News & Info
    Anaheim, California

    First Circuit Rejects Insurer’s “Insupportable” Duty-to-Cooperate Defense in Arson Coverage Suit

    October 24, 2023 —
    In Philadelphia Indemnity Insurance Co. v. BAS Holding Corp., the Court of Appeals for the First Circuit rejected an insurer’s “insupportable” defense that the insured company had breached its duty to cooperate by refusing the insurer’s request for an examination under oath of the company’s president. The decision is a reminder that, while examinations under oath can be effective tools to allow the insurer to properly investigate a claim, an insured’s duty to cooperate is not boundless and does not demand attendance at examinations that are not reasonably requested. Background BAS Holding involves the destruction of a landmark building in Boston by an arsonist. The owner, BAS Holding Corporation, submitted an insurance claim to its property insurer to recover insurance proceeds for the damage to the building. The insurer investigated the claim to determine whether the damage to the building was covered and issued a reservation of rights letter suggesting that the policy may not provide coverage for the fire. As part of its investigation, the insurer requested an examination under oath as a condition to coverage under the policy, which led to BAS presenting the property’s operations coordinator for an interview. Shortly after examining the operations coordinator, the insurer sought another examination of BAS’s president and owner, as well as five other employees. In response, BAS questioned whether the additional examinations were “reasonably required” and said that it would consider the requests if the insurer could explain why they were necessary. Reprinted courtesy of Geoffrey B. Fehling, Hunton Andrews Kurth and Yaniel Abreu, Hunton Andrews Kurth Mr. Fehling may be contacted at gfehling@HuntonAK.com Mr. Abreu may be contacted at yabreu@HuntonAK.com Read the full story...

    Bill Proposes First-Ever Federal Workforce Housing Tax Credit for Middle-Class Housing

    March 04, 2024 —
    Legislation was recently introduced to the U.S. Senate and House of Representatives proposing the creation of the first-ever Workforce Housing Tax Credit (WHTC) for middle-income housing developments. Similar to the existing Low-Income Housing Tax Credit (LIHTC), the WHTC would provide additional federal income tax credits to housing development projects for tenants making between 60% and 100% of Area Median Income (AMI). The allocation of WHTC would be based on a competitive bid process and awarded to developments over a 15-year credit period (as opposed to a 10-year credit period for LIHTC). Developments receiving allocations of WHTC will be subject to affordability requirements during the 15-year credit period and subsequent extended use period of at least 15 years. Reprinted courtesy of Emily K. Bias, Pillsbury and Brittany Griffith, Pillsbury Ms. Bias may be contacted at emily.bias@pillsburylaw.com Ms. Griffith may be contacted at brittany.griffith@pillsburylaw.com Read the full story...

    Traub Lieberman Partner Colleen Hastie and Associate Jeffrey George Successfully Oppose Plaintiff’s Motion to Vacate Dismissal

    September 11, 2023 —
    Traub Lieberman Partner Colleen Hastie and Associate Jeffrey George successfully opposed Plaintiff’s motion to vacate a prior dismissal of plaintiff’s medical malpractice action brought before the Supreme Court of the State of New York, Bronx County. The lawsuit, commenced by Plaintiff in 2015, alleged medical malpractice stemming from treatment Plaintiff received at a New York medical facility after falling out of a window at a rental property owned by Traub Lieberman’s client (“Property Owner”). Property Owner moved to dismiss Plaintiff’s complaint or preclude Plaintiff from offering evidence in support of its claims, or in the alternative, compel plaintiff to produce all outstanding discovery. The Medical Facility cross-moved for the same relief. Defendants agreed to adjourn the motion until after plaintiff’s deposition, but plaintiff made no effort to secure an adjournment with the court and plaintiff filed no opposition to the motion, allowing the motion to be granted on default. Plaintiff waited nearly a year to file a motion to vacate the default judgment, despite receiving notification of the default from defense counsel. Property Owner, in opposing plaintiff’s motion, pointed to plaintiff’s long history of dilatory conduct and failure to comply with discovery orders in support of its position that plaintiff failed to show any good cause for its default on the motion to dismiss. Reprinted courtesy of Colleen E. Hastie, Traub Lieberman and Jeffrey George, Traub Lieberman Ms. Hastie may be contacted at chastie@tlsslaw.com Mr. George may be contacted at jgeorge@tlsslaw.com Read the full story...

    Understanding California’s Pure Comparative Negligence Law

    November 13, 2023 —
    In order for a plaintiff to prove a defendant is negligent, the plaintiff must prove the defendant (1) owed a duty to plaintiff, (2) breached that duty, (3) the breach was the actual and proximate cause of plaintiff’s injury, and (4) the resulting monetary damage. However, for both plaintiffs and defendants it is not an all or nothing game in California. This is because California is a pure Comparative Negligence state. California’s Comparative Negligence law provides that even if a plaintiff is deemed 99% at fault, the plaintiff can still recover 1% in damages from a defendant. Thus, even if a plaintiff is deemed to be more than 50% (or even 99%) at fault for the incident, the plaintiff could still recover some monetary amount, or the defendant will still have to pay plaintiff, depending on how you see it. In most instances, a jury decides what percentage of fault to assign to each party. Just as a plaintiff must prove he/she/its negligence case against a defendant, if the defendant claims plaintiff was partially responsible for the incident, the defendant must prove plaintiff was also negligent and said negligence contributed to plaintiff’s injuries. The total amount of monetary responsibility distributed among all defendants and plaintiffs must equal 100%. As crazy as it may sound, a plaintiff found to be 99.9% at fault, is still entitled to recover 0.01% from a defendant in California. Read the full story...
    Reprinted courtesy of Yaron Shaham, Kahana Feld
    Mr. Shaham may be contacted at yshaham@kahanafeld.com

    Real Estate & Construction News Roundup (08/30/23) – AI Predicts Home Prices, Construction’s Effect on the Economy, and Could Streamline Communications for Developers

    October 17, 2023 —
    In our latest roundup, SV invests in a new green “mega-city” outside San Francisco, refunds are given to investors in fraudulent real estate deal, homebuyers are losing purchasing power, and more!
    • With major tech companies like Google and Amazon laying off workers, those with computer science and related degrees are looking to construction as a place to start or restart their careers. (Zachary Phillips, Construction Dive)
    • Although Silicon Valley is the haven for most tech startups, Israel has become a place where those in construction innovation can find support and funding. (Matthew Thibault, Construction Dive)
    • For those who may be concerned about the future price of their home, it may be possible for AI to look at a house and predict its price with “striking accuracy.” (Jacob Zinkula, Business Insider)
    Read the full story...
    Reprinted courtesy of Pillsbury's Construction & Real Estate Law Team

    The Clock is Ticking: Construction Delays and Liquidated Damages

    September 18, 2023 —
    With the on-going shortage of construction workers in the industry and other factors ranging from weather to procurement problems, the threat of project delay is real. When a contract contains a liquidated damages clause for assessing project delays, real financial consequences for contractors can result. Courts have long allowed parties to apportion contractual risks as they deem appropriate especially in the commercial context where the parties are considered to be sophisticated even if their bargaining power is not equal. Liquidated damage provisions such as those for delay that are found in construction contracts are not unusual but they must be crafted in such a way as to be enforceable and not violate public policy. A liquidated damage clause in a construction contract is a customary way for the parties to deal with the possibility of delay in the completion of a project and the potential losses flowing from the delay.[1] In their most basic form, the party in breach, which is more often than not the contractor, is obligated to pay the non-breaching party, usually the project owner, some fixed sum of money for the period that exceeds the designated completion date that was agreed upon in advance and memorialized in the contract. (It is after all no secret that these provisions are primarily for the owner’s benefit.) The non-breaching party is then compensated for losses associated with the delay without the time and expense of having to prove in either a civil suit or an arbitration proceeding what the actual damages are. This option is particularly attractive to project owners because the liquidated damages assessment can simply be withheld from payments owed to the contractor once the agreed-upon completion date has been passed. Read the full story...
    Reprinted courtesy of Tiffany Harrod, Peckar & Abramson
    Ms. Harrod may be contacted at tharrod@pecklaw.com

    Contractor Side Deals Can Waive Rights

    October 02, 2023 —
    Here at Construction Law Musings, we are quite fond of the Federal Miller Act and it’s Virginia counterpart, the “Little” Miller Act. Both of these statutes allow a subcontractor or supplier on a government construction project the security to perform their work with the knowledge that a bonding company will back their claim for payment. These acts are necessary because a construction company cannot file a mechanic’s lien on a government owned piece of property. As a general rule the Miller Acts impose almost strict liability on a contractor and its surety to pay for work performed by a downstream supplier or subcontractor. However, as a recent case out of the Fourth Circuit Court of Appeals makes clear, this rule is not without exceptions. Read the full story...
    Reprinted courtesy of The Law Office of Christopher G. Hill
    Mr. Hill may be contacted at chrisghill@constructionlawva.com

    Just How Climate-Friendly Are Timber Buildings? It’s Complicated

    February 12, 2024 —
    This article is part of the Bloomberg Green series Timber Town, which looks at the global rise of timber as a low-carbon building material. The number of people living in urban areas around the world will swell by upwards of 2 billion over the next three decades. Many of those people will need new homes. But building those with conventional materials would unleash a gusher of carbon dioxide: Concrete, steel, glass and bricks for construction make up a combined 9% of global CO2 emissions, according to research by the United Nations Environment Program. Enter engineered wood, a seemingly no-brainer solution. Mass timber is not the typical lumber that has structured single-family houses in North America for decades. The wood components are strong enough to hold up an office tower or apartment block, and building with them is thought to emit much less CO2 than using standard materials. And since wood is about 50% carbon, the material itself even stores a little carbon, to boot. Read the full story...
    Reprinted courtesy of Eric Roston, Bloomberg