BERT HOWE
  • Nationwide: (800) 482-1822    
    mid-rise construction expert witness Anaheim California custom homes expert witness Anaheim California production housing expert witness Anaheim California retail construction expert witness Anaheim California townhome construction expert witness Anaheim California housing expert witness Anaheim California Medical building expert witness Anaheim California casino resort expert witness Anaheim California condominium expert witness Anaheim California custom home expert witness Anaheim California multi family housing expert witness Anaheim California Subterranean parking expert witness Anaheim California office building expert witness Anaheim California industrial building expert witness Anaheim California high-rise construction expert witness Anaheim California low-income housing expert witness Anaheim California condominiums expert witness Anaheim California institutional building expert witness Anaheim California parking structure expert witness Anaheim California landscaping construction expert witness Anaheim California concrete tilt-up expert witness Anaheim California structural steel construction expert witness Anaheim California
    Arrange No Cost Consultation
    Construction Expert Witness Builders Information
    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

    Students for Fair Admissions: Shaking the Foundations of EEOC Programs and M/WBE Requirements

    Challenging and Defending a California Public Works Stop Payment Notice: Affidavit vs. Counter-Affidavit Process

    Landmark Montana Supreme Court Decision Series: The Duty to Defend

    Replevin Actions: What You Should Know

    Applying Mighty Midgets, NY Court Awards Legal Expenses to Insureds Which Defeated Insurer’s Coverage Claims

    New California Construction Laws for 2020

    Phillips & Jordan Awarded $176M Everglades Restoration Contract

    Boston Developer Sues Contractor Alleging Delays That Cost Millions

    Colorado HB 13-1090: Concerning Payment of Amounts Due Under a Construction Agreement

    Practical Advice: Indemnification and Additional Insured Issues Revisited

    Court Holds That Property Insurance Does Not Cover Economic Loss From Purchasing Counterfeit Vintage Wine

    Manufacturer of Asbestos-Free Product May Still Be Liable for Asbestos Related Injuries

    Construction Defect Not a RICO Case, Says Court

    Unravel the Facts Before Asserting FDUTPA and Tortious Interference Claims

    After Sixty Years, Subcontractors are Back in the Driver’s Seat in Bidding on California Construction Projects

    Apartment Building Damaged by Cable Installer’s Cherry Picker

    Mark Van Wonterghem To Serve as Senior Forensic Consultant in the Sacramento Offices of Bert L. Howe & Associates, Inc.

    Apprentices on Public Works Projects: Sometimes it’s Not What You Do But Who You Do the Work For That Counts

    Know What’s Under Ground and Make Smarter Planning Decisions

    World Green Building Council Calls for Net-Zero Embodied Carbon in Buildings by 2050

    “Other Insurance” and Indemnity Provisions Determine Which Insurer Must Cover

    Major Change to Residential Landlord Tenant Law

    Bert L. Howe & Associates to Join All-Star Panel at West Coast Casualty Seminar

    Construction Law Client Alert: California Is One Step Closer to Prohibiting Type I Indemnity Agreements In Private Commercial Projects

    Force Majeure Under the Coronavirus (COVID-19) Pandemic

    Extreme Flooding Overwhelms New York Roadways, Killing 1 Person

    Hydrogen—A Key Element in the EU’s Green Planning

    Providing Notice of Claims Under Your Construction Contract

    Client Alert: Court Settles Conflict between CCP and Rules of Court Regarding Demurrer Deadline Following Amended Complaint

    Gene Witkin Joins Ross Hart’s Mediation Team at AMCC

    Dealing with Hazardous Substances on the Construction Site

    Fourth Circuit Rejects Application of Wrap-Up Exclusion to Additional Insured

    In Review: SCOTUS Environmental and Administrative Decisions in the 2020 Term

    Pancakes Decision Survives Challenge Before Hawaii Appellate Court

    Where Mechanic’s Liens and Contracts Collide

    Eleventh Circuit Holds that EPA Superfund Remedial Actions are Usually Entitled to the FTCA “Discretionary Function” Exemption

    Congratulations to BWB&O’s 2023 Mountain States Super Lawyers Rising Stars!

    Pennsylvania Supreme Court Rules that Insurance Salesman had No Fiduciary Duty to Policyholders

    Marlena Ellis Makes The Lawyers of Color Hot List of 2022

    South Carolina Supreme Court Asked Whether Attorney-Client Privilege Waived When Insurer Denies Bad Faith

    Builders FirstSource to Buy ProBuild for $1.63 Billion

    The Texas Storm – Guidance for Contractors

    Venue for Miller Act Payment Bond When Project is Outside of Us

    Claim for Consequential Damages Survives Motion to Dismiss

    More Thoughts on “Green” (the Practice, not the Color) Building

    Sales of U.S. New Homes Decline After Record May Revision

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

    And the Cyber-Beat Goes On. Yet Another Cyber Regulatory Focus for Insurers

    How Drones are Speeding Up Construction

    Land Planners Not Held to Professional Standard of Care
    Corporate Profile

    ANAHEIM CALIFORNIA CONSTRUCTION EXPERT WITNESS
    DIRECTORY AND CAPABILITIES

    Leveraging from approximately 5000 construction, architectural, and engineering related expert designations, the Anaheim, California Construction Expert Directory delivers a comprehensive construction and design expert support solution to construction claims professionals concerned with construction defect and claims litigation. BHA provides construction related litigation support and expert consulting services to the industry's leading construction practice groups, Fortune 500 builders, real estate investment trusts, risk managers, owners, as well as a variety of municipalities and government offices. In connection with in house assets which include building envelope and design experts, forensic engineers, forensic architects, and construction cost and scheduling consultants, the firm brings regional experience and local capabilities to Anaheim and the surrounding areas.

    Anaheim California engineering expert witnessAnaheim California soil failure expert witnessAnaheim California construction project management expert witnessesAnaheim California building envelope expert witnessAnaheim California construction scheduling and change order evaluation expert witnessAnaheim California window expert witnessAnaheim California construction code expert witness
    Construction Expert Witness News & Info
    Anaheim, California

    Natural Hydrogen May Seem New in Town, but It’s Been Here All Along

    April 22, 2024 —
    When it comes to renewable energy, hydrogen is hailed as a pivotal resource in the zero-carbon game plan. Hydrogen energy is accessible, produces lower greenhouse gas emissions and can use existing gas infrastructure to power electricity and heat, produce other gases and fuels, and more. Recently, a “new” type of hydrogen—has captured the attention of climate scientists. Natural hydrogen—often referred to as gold hydrogen—stands apart from other, more established types of hydrogen, which require extraction and expensive maneuvering to produce. Natural hydrogen exists underground in its pure form (i.e., it’s not combined with other molecules). Estimates vary, but some researchers suspect that Earth holds as much as five million megatons of hydrogen beneath our feet. Extracting just 2 percent of that supply, in theory, has the potential to get us to net-zero emissions for 200 years. From Past Prediction to Accidental Discovery Viacheslav Zgonnik, CEO of the Denver-based startup Natural Hydrogen Energy, told the New York Times that Russian chemist Dmitri Mendeleev (also known as the “Father of the Periodic Table”) wrote about the presence of natural hydrogen as long ago as 1888. Somehow, the information was lost along the way, and when pockets of such hydrogen were occasionally found, they were treated as anomalies. Reprinted courtesy of Elina Teplinsky, Pillsbury and Sheila McCafferty Harvey, Pillsbury Ms. Teplinsky may be contacted at elina.teplinsky@pillsburylaw.com Ms. Harvey may be contacted at sheila.harvey@pillsburylaw.com Read the full story...

    Congratulations to BWB&O’s 2024 Southern California Super Lawyers!

    February 05, 2024 —
    BWB&O is excited to announce that Partners Nicole Whyte, Keith Bremer, John Toohey, and Tyler Offenhauser have been selected in the 2024 Southern California Super Lawyers list as Super Lawyers for their work in Business Litigation, Family Litigation, Personal Injury Litigation, and Construction Litigation. To read Super Lawyers’ digital publication, please click here. Super Lawyers is a rating service of outstanding lawyers from more than 70 practice areas who have attained a high degree of peer recognition and professional achievement. The objective of Super Lawyers’ patented multiphase selection process is to create a credible, comprehensive, and diverse listing of outstanding attorneys that can be used as a resource for attorneys and consumers searching for legal counsel. Please join us in congratulating Nicole, Keith, John, and Tyler on achieving this level of recognition! Read the full story...
    Reprinted courtesy of Dolores Montoya, Bremer Whyte Brown & O'Meara LLP

    Don’t Fall in Trap of Buying the Cheapest Insurance Policy as it May be Bad for Your Business Risks and Needs

    March 25, 2024 —
    Don’t fall in the trap of buying the cheapest insurance policy. It will come and bite you in the butt big time! Consult with an insurance broker that understands construction and, importantly, your specific industry, to provide you coverage within your industry. Otherwise, you’ll be paying for a policy that may (i) not be a good policy, and (ii) may provide you minimal to no value for your industry’s RISKS and NEEDS when factoring in exclusions. When procuring insurance, think of the old adage “penny wise and pound foolish,” and don’t make decisions that fit within this adage! The recent decision in Nautilus Ins. Co. v. Pinnacle Engineering & Development, Inc., 2024 WL 940527 (S.D. Fla. 2024) serves as an example. Here, a subcontractor was hired by a general contractor to perform underground utility work for a townhome development which consisted of 57 townhome units included in 18 detached structures. The subcontractor’s underground work was defective which caused damage to the property’s water line, sewer system, plumbing lines, pavers, etc. The general contractor was liable to the owner for this defective work. Although the general contractor was an additional insured under the subcontractor’s commercial general liability (CGL) policy, the subcontractor’s CGL carrier denied the duty to defend and initiated an insurance coverage lawsuit. Motions for summary judgment were filed. Read the full story...
    Reprinted courtesy of David Adelstein, Kirwin Norris, P.A.
    Mr. Adelstein may be contacted at dma@kirwinnorris.com

    Exploring the Future of Robotic Construction with Dr. Thomas Bock

    November 06, 2023 —
    In this episode of the AEC Business podcast, host Aarni Heiskanen interviews Dr. Thomas Bock, a renowned expert in construction robotics. With 45 years of experience in the field and multiple books on the topic, Thomas shares his insights and expertise. Tune in to learn more about his professional journey and the advancements in construction robotics. An unconventional professional journey Thomas’s journey in construction robotics began when he built his own house as a student. The labor-intensive process led him to explore the potential of robotics in construction. He studied civil engineering and architecture simultaneously, gaining a multidisciplinary understanding of the field. His interest in robotics grew when he saw the first welding robot at a Daimler-Benz factory in Stuttgart. This encounter sparked his curiosity and led him to question why robots couldn’t be used for assembling walls and buildings. The Illinois Institute of Technology (IIT) in Chicago was one of Thomas’s destinations during his journey. There he studied under professors who had worked on iconic architectural projects. He also learned about Japanese companies like Toyota and Sekisui, which were producing houses using innovative methods. Intrigued by these advancements, Thomas secured a scholarship to study in Japan, where he discovered that the country was ahead of what he had known in the United States. Read the full story...
    Reprinted courtesy of Aarni Heiskanen, AEC Business
    Mr. Heiskanen may be contacted at aec-business@aepartners.fi

    Congratulations to Haight Attorneys Selected to the 2024 Southern California Super Lawyers List

    January 29, 2024 —
    Haight attorneys have been selected to the 2024 Southern California Super Lawyers list. Congratulations to:
    • Bruce Cleeland
    • Peter A. Dubrawski
    • Angela S. Haskins
    • Gary L. LaHendro
    • Denis J. Moriarty
    • Jennifer K. Saunders
    Read the full story...
    Reprinted courtesy of Haight Brown & Bonesteel LLP

    Appellate Court of Maryland Construes Notice Conditions of A312 Performance Bond in Favor of Surety

    January 02, 2024 —
    The Appellate Court of Maryland issued a reported opinion in a case construing an American Institute of Architects (“AIA”) A312 performance bond. In Wildewood Operating Company, LLC v. WRV Holdings, LLC, et al. 2023 Md. App. LEXIS 720 (Oct. 30, 2023), the Appellate Court of Maryland held that a performance bond surety was discharged from liability where the owner/obligee failed to give the surety notice of the contractor’s default termination until after a third party had completed the work. The project concerned the construction of an assisted living facility in St. Mary’s County, Maryland. The owner, Wildewood Operating Company, LLC, entered into an A312-2010 performance bond with Clark Turner Construction, LLC, as contractor, and First Indemnity of America Insurance Company, as surety. When Clark Turner failed to complete certain stormwater management work adjacent to the site, Wildewood, Clark Turner, and other parties entered into a Work Agreement to address completion of the work. The surety was not a party to the Work Agreement. Read the full story...
    Reprinted courtesy of Joel P. Williams, White and Williams LLP
    Mr. Williams may be contacted at williamsj@whiteandwilliams.com

    The Future of Construction Work with Mark Ehrlich

    February 19, 2024 —
    In this episode of the AEC Business podcast, I had the pleasure of speaking with Mark Ehrlich, a veteran of the construction industry from the USA and the author of “The Way We Build: Restoring Dignity to Construction Work.” Our conversation delved into the evolving landscape of construction work and the challenges faced by construction workers today. Mark shared his extensive background, starting as a carpenter and rising through the ranks to become the head of a 25,000-member union organization. His experience spans decades, and he has authored three books and numerous articles on labor issues. The historical labor shifts We discussed the historical shift from a predominantly unionized construction workforce to the current bifurcated system in the US, where union strongholds in the north contrast sharply with the non-union, lower-wage environments in the south and other regions. Mark highlighted the issues of wage theft, declining safety standards, and the exploitation of undocumented workers. Read the full story...
    Reprinted courtesy of Aarni Heiskanen, AEC Business
    Mr. Heiskanen may be contacted at aec-business@aepartners.fi

    Drawing the Line: In Tennessee, the Economic Loss Doctrine Does Not Apply to Contracts for Services

    December 11, 2023 —
    In Commercial Painting Co. v. Weitz Co. LLC, No. W2019-02089-SC-R11-CV, 2023 Tenn. LEXIS 39 (Weitz), the Supreme Court of Tennessee (Supreme Court) considered whether the economic loss doctrine barred the plaintiff’s claims for fraud, negligent misrepresentation and punitive damages arising out of a contract with the defendant for construction services. The court held that the economic loss doctrine only applies to product liability cases and does not apply to claims arising from contracts for services. This case establishes that, in Tennessee, the economic loss doctrine does not bar tort claims in disputes arising from service contracts. In Weitz, defendant, Weitz Co. LLC (Weitz), was the general contractor for a construction project and hired plaintiff Commercial Painting Co. (Commercial) as a drywall subcontractor. Weitz refused to pay Commercial for several of its payment applications, claiming that the applications were submitted untimely and contained improper change order requests. Commercial filed a lawsuit against Weitz seeking over $1.9 million in damages, alleging breach of contract, unjust enrichment, enforcement of a mechanic’s lien, and interest and attorney’s fees under the Prompt Pay Act of 1991. Weitz filed a counterclaim for $500,000 for costs allegedly incurred due to Commercial’s delay and defective workmanship. In response, Commercial amended its complaint to add claims for fraud, intentional and negligent misrepresentation, rescission of the contract and $10 million in punitive damages. Commercial alleged that Weitz received an extension of the construction schedule but fraudulently withheld this information from Commercial and continued to impose unrealistic deadlines. Read the full story...
    Reprinted courtesy of Gus Sara, White and Williams
    Mr. Sara may be contacted at sarag@whiteandwilliams.com