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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

    Vermont Supreme Court Finds COVID-19 May Damage Property

    National Coalition to Provide Boost for Building Performance Standards

    Colorado’s Federal District Court Finds Carriers Have Joint and Several Defense Duties

    Chattanooga Bridge Collapse Likely Resulted From Impact

    Recent Third Circuit OSHA Decision Sounds Alarm for Employers and Their Officers

    Recent Developments Involving Cedell v. Farmers Insurance Company of Washington

    Montana Theater Threatened by Closure due to Building Safety

    Traub Lieberman Partner Lisa M. Rolle Obtains Summary Judgment in Favor of Defendant

    NYC Building Explosion Kills Two After Neighbor Reports Gas Leak

    School District Practice Bulletin: Loose Lips Can Sink More Than Ships

    Two Lawyers From Hunton’s Insurance Recovery Group, Andrea DeField and Latosha Ellis, Selected for American Bar Association’s 2022 “On The Rise” Award

    Repeated Use of Defective Fireplace Triggers Duty to Defend Even if Active Fire Does Not Break Out Until After End of Policy Period

    Righting Past Wrongs Through Equitable Development

    The Ever-Growing Thicket Of California Civil Code Section 2782

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

    Application of Efficient Proximate Cause Doctrine Supports Coverage

    Legal Disputes Soar as Poor Information Management Impacts the AEC Industry

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    Toll Brothers Shows how the Affluent Buyer is Driving Up Prices

    California’s Right To Repair Act Is The Sole Remedy For Damages For Construction Defects In New Residential Construction

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    Subcontractor Allowed to Sue Designer for Negligence: California Courts Chip Away at the Economic Loss Doctrine (Independent Duty Rule)

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    Wildfire Insurance Coverage Series, Part 6: Ensuring Availability of Insurance and State Regulations

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    Corporate Profile

    ANAHEIM CALIFORNIA CONSTRUCTION EXPERT WITNESS
    DIRECTORY AND CAPABILITIES

    With over four thousand construction defect and claims related expert witness designations, the Anaheim, California Construction Expert Directory delivers a streamlined multi-disciplinary expert retention and support solution to builders, risk managers, and construction practice groups concerned with construction defect, scheduling, and delay claims. BHA provides building related trial support and expert consulting services to the industry's most recognized construction attorneys, Fortune 500 builders, CGL carriers, owners, as well as a variety of public entities. Employing in house resources which include credentialed construction consultants, NCARB certified architects, forensic engineers, building envelope and design experts, the organization brings national experience and local capabilities to Anaheim and the surrounding areas.

    Anaheim California construction cost estimating expert witnessAnaheim California concrete expert witnessAnaheim California construction scheduling expert witnessAnaheim California expert witness structural engineerAnaheim California expert witness roofingAnaheim California engineering expert witnessAnaheim California building envelope expert witness
    Construction Expert Witness News & Info
    Anaheim, California

    Appraisal Award for Damaged Roof Tiles Challenged

    December 04, 2023 —
    The district court denied Travelers' motion for summary judgment and granted the insureds' motion in part regarding replacement of roof tiles damaged in a hail storm. Bertisen v. Travelers Home & Marine Ins. Co., 2023 U.S. Dist. LEXIS 159649 (D. Colo. Sept. 8,2023). On May 8, 2017, the insureds' home was struck by a hailstorm that damaged their property. A Travelers inspector found damage to metal roof components, a deck, patio furniture and gutters. A partial payment of $6,381.04 was made. A further payment was made for personal property damaged by the storm. Travelers disputed that the hailstorm caused damage to all of the roof tiles. Travelers' adjustor reinspected the property and observed additional damages caused by hail and another payment of $6,605.22 was issued. Read the full story...
    Reprinted courtesy of Tred R. Eyerly, Damon Key Leong Kupchak Hastert
    Mr. Eyerly may be contacted at te@hawaiilawyer.com

    Meet BWBO’s 2024 San Diego Super Lawyers Rising Stars!

    April 29, 2024 —
    BWB&O is proud to announce San Diego Partner Johnpaul Salem, and Associates Christina Matian and Angelo Perillo have been selected in the 2024 San Diego Super Lawyers list as Rising Stars for their work in Civil and Personal Injury Litigation. To read Super Lawyers’ digital publication, please click here. SELECTED AS RISING STARS Johnpaul Salem: 2023-2024 Christina Matian: 2024 Angelo Perillo: 2024 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. Read the full story...
    Reprinted courtesy of Bremer Whyte Brown & O'Meara LLP

    Payne & Fears LLP Recognized by Best Lawyers in 2024 “Best Law Firms” Rankings

    November 27, 2023 —
    Payne & Fears LLP has been recognized by Best Lawyers 2024 “Best Law Firms” list. Firms included in the 2024 edition of Best Lawyers “Best Law Firms” are recognized for professional excellence with consistently impressive ratings from clients and peers. Payne & Fears LLP has been ranked in the following practice areas:
    • Metropolitan Tier 1
      • Orange County
        • Commercial Litigation
        • Employment Law – Management
        • Insurance Law
        • Labor Law – Management
        • Litigation – Labor & Employment
        • Litigation – Real Estate
    • Metropolitan Tier 2
      • Las Vegas
        • Commercial Litigation
    • Metropolitan Tier 3
      • Orange County
        • Litigation – Intellectual Property
    Read the full story...

    Leftover Equipment and Materials When a Contractor Is Abruptly Terminated

    November 06, 2023 —
    Termination for cause is costly and adversarial and has been covered in this article. But can a terminating party use equipment and tools left behind on the worksite (i.e., a crane)? The answer depends on what is in your contract. Under ConsensusDocs, a constructor must give its permission to use any equipment or supplies left at the worksite, such as a crane.[i] Moreover, the owner must indemnify the constructor for using their equipment. This makes sense because even if a constructor were appropriately terminated for cause, using their equipment and materials they no longer possess or control unfairly creates additional liability exposure. At a minimum, the owner should take on the risk of using the equipment and materials since they benefit from such use. Read the full story...
    Reprinted courtesy of Brian Perlberg, ConsensusDocs Coalition
    Mr. Perlberg may be contacted at bperlberg@ConsensusDocs.org

    Graham & Who May Trigger The Need To Protest

    December 23, 2023 —
    On May 30, 2023, the Washington Court of Appeals, Division I, issued a decision that appears to expand a contractor’s obligation with respect to WSDOT notice and claim procedures. In Graham Contracting, Ltd. v. City of Federal Way, No. 83494-1-I, 2023 WL 3721171 (Wash. Ct. App. May 30, 2023) (Unpublished), the Court held that under the 2016 WSDOT Standard Specifications for Road, Bridge, and Municipal Construction (“Standard Specifications”), a Contractor must protest the actions of not only the “Engineer” but also the actions of any person or organization acting on behalf of the Owner. This case arises out of a public construction contract in which Graham Contracting Ltd (“Graham”) built a multi-million dollar roadway improvement for the City of Federal Way along a stretch of Pacific Highway. The appeal was from the trial court’s granting of the City’s motion for summary judgment to dismiss claims by Graham for extra time and money due to delays and impacts to Graham’s construction of the Project. Read the full story...
    Reprinted courtesy of Hugo Fraga, Ahlers Cressman & Sleight PLLC
    Mr. Fraga may be contacted at hugo.fraga@acslawyers.com

    White House Seeks $310M To Fix Critical San Diego Wastewater Plant

    December 04, 2023 —
    The Biden administration’s $55.9-billion supplemental funding request to Congress for disaster response and other issues includes $310 million for a project to repair and expand the ailing South Bay International Wastewater Treatment Plant in San Diego, Calif. The plant is part of a repeatedly overwhelmed wastewater treatment system on the U.S.-Mexico border that has allowed untreated sewage flows to foul area beaches. Reprinted courtesy of James Leggate, Engineering News-Record Mr. Leggate may be contacted at leggatej@enr.com Read the full story...

    No Damages for Delay May Not Be Enforceable in Virginia

    January 08, 2024 —
    Anyone who reads Construction Law Musings with any regularity (thank you by the way) knows that the contract is king in most instances here in Virginia. Any commercial construction subcontractor in Virginia is likely also very familiar with so-called “no damages for delay” clauses in construction contracts. These clauses essentially state that a subcontractor’s only remedy for a delay caused by any factor beyond its control (including the fault of the general contractor), after proper notice to the general contractor, is an extension of time to complete the work. However, in 2015 the Virginia General Assembly passed a change in the law that precluded the diminishment of any right to claims for demonstrated additional costs prior to payment. This left open the question as to which types of “diminishment” would be barred by the statute. The recent case out of the Eastern District of Virginia federal court, Strata Solar LLC v. Fall Line Construction LLC, added a bit of clarity. Read the full story...
    Reprinted courtesy of The Law Office of Christopher G. Hill
    Mr. Hill may be contacted at chrisghill@constructionlawva.com

    What ‘The Curse’ Gets Wrong About Passive House Architecture

    April 02, 2024 —
    In the fifth episode of Showtime’s The Curse, two potential buyers are touring a boutique house in Española, a soon-to-be gentrified Santa Fe neighborhood when one of them makes a remark about the temperature. “Sorry, can I get a water? It’s just really hot in here,” he says, airing out his sweat-stained shirt. The quirky home’s architect-slash-developer, played by Emma Stone, says, “Sure!” and without skipping a beat, continues to explain the virtues of her passive house design: The home functions like a thermos, with no need for air conditioning — unless any air escapes the house. Then it takes five to seven hours for the room to recover. Owning a passive house sounds like a nightmare, right? If you’re buying a one-of-a-kind, mirror-clad spec house from Stone and co-star Nathan Fielder, it may well be. On The Curse, the two play a do-gooder couple attempting to make an HGTV series (with Benny Safdie) about turning regular houses into carbon-neutral passive homes. Odd things happen to Stone and Fielder over the show’s first season: trouble with the laws of gravity, the trials of a failing marriage and a literal curse from a small child. But the weirdest might be the show’s portrayal of passive house design, an energy-efficient design standard that has been around since the 1970s. Passive building, which has its origins in Europe, relies on advanced construction methods to seal a structure in an airtight envelope, thereby reducing energy consumption for heating and cooling by as much as 75%. Read the full story...
    Reprinted courtesy of Teresa Xie, Bloomberg