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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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
Construction Law Client Alert: Hirer Beware - When Exercising Control Over a Job Site’s Safety Conditions, You May be Held Directly Liable for an Independent Contractor’s Injury
South Carolina Law Clarifies Statue of Repose
Unit Owners Have No Standing to Sue under Condominium Association’s Policy
School District Settles Construction Lawsuit
Seven Former North San Diego County Landfills are Leaking Contaminants
In Colorado, Primary Insurers are Necessary Parties in Declaratory Judgment Actions
Condominium Exclusion Bars Coverage for Construction Defect
Damron Agreement Questioned in Colorado Casualty Insurance v Safety Control Company, et al.
Boston’s Tunnel Project Plagued by Water
The Montrose Language Interpreted: How Many Policies Are Implicated By A Construction Defect That Later Causes a Flood?
MGM Seeks to Demolish Harmon Towers
Construction Case Alert: Appellate Court Confirms Engineer’s Duty to Defend Developer Arises Upon Tender of Indemnity Claim
South Carolina Legislature Redefining Occurrences to Include Construction Defects in CGL Policies
Las Vegas Home Builder Still in Bankruptcy
Landmark San Diego Hotel Settles Defects Suit for $6.4 Million
Fourteen More Guilty Pleas in Las Vegas Construction Defect Scam
Five Years of Great Legal Blogging at Insurance Law Hawaii
Federal Judge Dismisses Insurance Coverage Lawsuit In Construction Defect Case
General Contractor/Developer May Not Rely on the Homeowner Protection Act to Avoid a Waiver of Consequential Damages in an AIA Contract
Tucson Officials to Discuss Construction Defect Claim
Construction Defect Case Not Over, Despite Summary Judgment
Drug Company Provides Cure for Development Woes
Defective Shingle Claims Valid Despite Bankruptcy
California Supreme Court Finds Associations Bound by Member Arbitration Clauses
BUILD Act Inching Closer To Reality
Geometrically Defined Drainage Cavities in EIFS as a Guard Against Defects
Arbitration Clause Found Ambiguous in Construction Defect Case
New Buildings in California Soon Must Be Greener
Mortar Insufficient to Insure Summary Judgment in Construction Defect Case
Condo Owners Worried Despite Settlement
Construction Employment Rises in Half of the States
Texas Construction Firm Files for Bankruptcy
Equipment Costs? It’s a Steal!
Fifth Circuit Reverses Insurers’ Summary Judgment Award Based on "Your Work" Exclusion
No-Show Contractor Can’t Hide from Construction Defect Claim
Texas “your work” exclusion
New Jersey Court Rules on Statue of Repose Case
Supreme Court of New York Denies Motion in all but One Cause of Action in Kikirov v. 355 Realty Assoc., et al.
Conspirators Bilked Homeowners in Nevada Construction Defect Claims
Changes to Arkansas Construction and Home Repair Laws
Insurers Reacting to Massachusetts Tornadoes
Surveyors Statute Trumps Construction Defect Claim in Tennessee
Construction Defects Are Occurrences, Says Georgia Supreme Court
Florida County Suspends Impact Fees to Spur Development
Construction Defect Lawsuits? There’s an App for That
Construction Company Head Pleads Guilty to Insurance and Tax Fraud
Federal District Court Continues to Find Construction Defects do Not Arise From An Occurrence
Faulty Workmanship Exclusion Does Not Bar Coverage
Appropriation Bill Cuts Military Construction Spending
Kentucky Court Upholds Arbitration Award, Denies Appeal
Remodels Replace Construction in Redding
Instant Hotel Tower, But Is It Safe?
No Resulting Loss From Deck Collapsing Due to Rot
Loss Caused by Seepage of Water Not Covered
Destruction of Construction Defect Evidence Leads to Sanctions against Plaintiff
Driver’s Death May Be Due to Construction Defect
Construction Defect Notice in the Mailbox? Respond Appropriately
2011 West Coast Casualty Construction Defect Seminar – Recap
Tampa Condo Owners Allege Defects
Construction Defect Exception Does Not Lift Bar in Payment Dispute
Preparing For the Worst with Smart Books & Records
Another Guilty Plea in Las Vegas HOA Scandal
Courts Are Conflicted As To Whether "Good Faith" Settlement Determinations Can Be Reviewed Via Writ Petition Or Appeal
School Sues over Botched Pool
Alabama “occurrence” and subcontractor work exception to the “your completed work” exclusion
Application of Efficient Proximate Cause Doctrine Supports Coverage
Boyfriend Pleads Guilty in Las Vegas Construction Defect Scam Suicide
Another Colorado District Court Refuses to Apply HB 10-1394 Retroactively
Contractor Burns Down Home, Insurer Refuses Coverage
Contractors with Ties to Trustees Reaped Benefits from LA Community College Modernization Program
California insured’s duty to cooperate and insurer’s right to select defense counsel
Construction Defect Bill Introduced in California
Couple Sues Attorney over Construction Defect Case, Loses
In Oregon Construction Defect Claims, “Contract Is (Still) King”
Insurer’s Motion for Summary Judgment Based on Earth Movement Exclusion Denied
Webinar on Insurance Disputes in Construction Defects
Defense for Additional Insured Not Barred By Sole Negligence Provision
Court Clarifies Sequence in California’s SB800
Residential Construction: Shrinking Now, Growing Later?
LEED Certified Courthouse Square Negotiating With Insurers, Mulling Over Demolition
Summary Judgment in Construction Defect Case Cannot Be Overturned While Facts Are Still in Contention in Related Cases
The Year 2010 In Review: Design And Construction Defects Litigation
Late Filing Contractor Barred from Involving Subcontractors in Construction Defect Claim
Illinois Court Determines Insurer Must Defend Negligent Misrepresentation Claim
Condo Owners Allege Construction Defects
Anti-Assignment Provision Unenforceable in Kentucky
Construction Firm Charged for Creating “Hail” Damage
Nevada Senate Rejects Construction Defect Bill
Safe Harbors- not just for Sailors anymore (or, why advance planning can prevent claims of defective plans & specs) (law note)
Nevada Court Adopts Efficient Proximate Cause Doctrine