BERT HOWE
  • Nationwide: (800) 482-1822    
    custom homes Building Consultant Eureka California housing Building Consultant Eureka California industrial building Building Consultant Eureka California Medical building Building Consultant Eureka California retail construction Building Consultant Eureka California landscaping construction Building Consultant Eureka California institutional building Building Consultant Eureka California structural steel construction Building Consultant Eureka California parking structure Building Consultant Eureka California office building Building Consultant Eureka California mid-rise construction Building Consultant Eureka California Subterranean parking Building Consultant Eureka California production housing Building Consultant Eureka California condominiums Building Consultant Eureka California low-income housing Building Consultant Eureka California high-rise construction Building Consultant Eureka California tract home Building Consultant Eureka California hospital construction Building Consultant Eureka California casino resort Building Consultant Eureka California concrete tilt-up Building Consultant Eureka California townhome construction Building Consultant Eureka California multi family housing Building Consultant Eureka California
    Eureka California soil failure expert witnessEureka California expert witness concrete failureEureka California reconstruction expert witnessEureka California engineering expert witnessEureka California ada design expert witnessEureka California construction claims expert witnessEureka California construction forensic expert witness
    Arrange No Cost Consultation
    Building Consultant Builders Information
    Eureka, 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:


    Building Consultant Contractors Licensing
    Guidelines Eureka California

    Commercial and Residential Contractors License Required.


    Building Consultant Contractors Building Industry
    Association Directory
    North State Building Industry Association
    Local # 0540
    1536 Eureka Rd
    Roseville, CA 95661

    Eureka California Building Consultant 10/ 10

    California Building Industry Association
    Local # 0500
    1215 K Street Ste 1200
    Sacramento, CA 95814

    Eureka California Building Consultant 10/ 10

    Building Industry Association of the Bay Area - Northern Division
    Local # 0538
    PO Box 7100
    Santa Rosa, CA 95407
    Eureka California Building Consultant 10/ 10

    Building Industry Association of the Delta
    Local # 0513
    315 N San Joaquin St Ste 2
    Stockton, CA 95202

    Eureka California Building Consultant 10/ 10

    Building Industry Association of the Bay Area
    Local # 0538
    101 Ygnacio Valley Rd # 210
    Walnut Creek, CA 94596

    Eureka California Building Consultant 10/ 10

    Building Industry Association of the Bay Area - Eastern Division
    Local # 0538
    PO Box 5160
    San Ramon, CA 94583
    Eureka California Building Consultant 10/ 10

    Building Industry Association of Central California
    Local # 0536
    900 H St Ste E2
    Modesto, CA 95354

    Eureka California Building Consultant 10/ 10


    Building Consultant News and Information
    For Eureka California


    Consumer Prices Rising as U.S. Housing Stabilizes: Economy

    Pine River’s Two Harbors Now Targets Non-Prime Mortgages

    How AI Can Become a Design Adviser

    Nebraska Joins the Ranks—No CGL Coverage for Faulty Work

    State of Texas’ Claims Time Barred by 1982 Nuclear Waste Policy Act

    Record Keeping—the Devil’s in the Details

    Conflict of Interest Accusations may Spark Lawsuit Against City and City Manager

    North Carolina Learns More Lessons From Latest Storm

    The Regulations on the Trump Administration's Chopping Block

    Discussion of the Discovery Rule and Tolling Statute of Limitations

    Housing Starts in U.S. Surge to Seven-Year High as Weather Warms

    Hawaii Court Looks at Changes to Construction Defect Coverage after Changes in Law

    Hawaii State Senate Requires CGL Carriers to Submit Premium Information To State Legislature

    Construction Defect Lawsuit Came too Late in Minnesota

    The Vallagio HOA Appeals the Decision from the Colorado Court of Appeals

    Flooded Courtroom May be Due to Construction Defect

    Court’s Ruling on SB800 “Surprising to Some”

    Visual Construction Diaries – Interview with Jeff Sassinsky of Fovea Aero

    Chicago Developer and Trade Group Sue City Over Affordable Housing Requirements

    Kushner Cos. Probed Over Harassment of Low-Income Tenants

    New-Home Sales in U.S. Unexpectedly Fall to Four-Month Low

    Property Insurance Exclusion: Leakage of Water Over 14 Days or More

    Helsinki is Building a Digital Twin of the City

    Certificate of Merit to Sue Architects or Engineers Bill Proposed

    Colorado Court Holds No Coverage for Breach of Contract Claim

    Eighth Circuit Affirms Judgment for Bad Faith after Insured's Home Destroyed by Fire

    Client Alert: Disclosure of Plaintiff’s Status as Undocumented Alien to Prospective Jury Panel Grounds for Mistrial

    Can a Contractor be Liable to Second Buyers of Homes for Construction Defects?

    Uniwest Rides Again (or, Are Architects Subject to Va. Code Section 11-4.1?)

    Three Attorneys Named Among The Best Lawyers in America 2018

    When Can a General Contractor’s Knowledge be Imputed to a Developer?

    Product Liability Alert: Evidence of Apportionment of Fault Admissible in Strict Products Liability Action

    Big Builder’s Analysis of the Top Ten Richest Counties

    Quick Note: Notice of Contest of Claim Against Payment Bond

    Pensacola Bridge Halted Due to Alleged Construction Defects

    You Don’t Have To Be a Consumer to Assert a FDUTPA Claim

    Steven L. Heisdorffer Joins Higgins, Hopkins, McLain & Roswell

    Fixing the Problem – Not the Blame

    Contractor Sentenced to 7 Years for “Hail Damage” Fraud

    Insurance Measures Passed by 2015 Hawaii Legislature

    Boilerplate Contract Language on Permits could cause Problems for Contractors

    Jury Convicts Ciminelli, State Official in Bid-Rig Case

    A Look at Business and Professions Code Section 7031

    Understanding Lien Waivers

    New York Bridge to Be Largest Infrastructure Project in North America

    CDJ’s #10 Topic of the Year: Transport Insurance Company v. Superior Court (2014) 222 Cal.App.4th 1216.

    A Compilation of Quirky Insurance Claims

    Benefits and Pitfalls of Partnerships Between Companies

    Avoid Delay or Get Ready to Pay: The Risks of “Time-Is-of-The-Essence” Clauses

    2017 Legislative Changes Affecting the Construction Industry
    Corporate Profile

    EUREKA CALIFORNIA BUILDING CONSULTANT
    DIRECTORY AND CAPABILITIES

    The Eureka, California Building Consultant Group at BHA, leverages from the experience gained through more than 5,500 construction related expert witness designations encompassing a wide spectrum of construction related disputes. Leveraging from this considerable body of experience, BHA provides construction related trial support and expert services to Eureka's most recognized construction litigation practitioners, commercial general liability carriers, owners, construction practice groups, as well as a variety of state and local government agencies.

    Building Consultant News & Info
    Eureka, California

    Owners Bound by Arbitration Clause on Roofing Shingles Packaging

    December 04, 2018 —
    In today’s age, you are probably familiar with terms such as a shrinkwrap contract (terms and conditions), which is a boilerplate contract included with a retained product, or a clickwrap contract (terms and conditions), which is generally a boilerplate contract that is digitally accepted when purchasing software or an electronic product. These are are boilerplate terms from manufacturers or vendors of products or software. Arbitration provisions in these types of agreements have generally found to be enforceable. In the recent ruling by the Eleventh Circuit Court of Appeals in Dye v. Tamko Building Products, Inc., 2018 WL 5729085 (11th Cir. 2018), the court held that an arbitration provision included in a product-purchase limited warranty agreement on the package of every roofing shingles binds a homeowner to arbitrating disputes over the opened and retained product with the manufacturer, irrespective of whether the shingles were purchased by an owner’s roofer. The shingles do not have to be purchased and opened by the owner for the arbitration provision to apply. If the roofer uses or retained the shingles for purposes of the owner’s home, such knowledge of the product-purchase limited warranty agreement on the packaging of the shingles is imputed to the owner (end-user of the shingles). Read the court decision
    Read the full story...
    Reprinted courtesy of David Adelstein, Kirwin Norris, P.A.
    Mr. Adelstein may be contacted at dma@kirwinnorris.com

    Supplement to New California Construction Laws for 2019

    January 08, 2019 —
    A representative of the Contractors State License Board would like to emphasize a benefit of SB 1042 not mentioned in the report below that Smith Currie published recently. Importantly, the new law allows the CSLB to work with licensees, resolve complaints informally, and avoid a full Administrative Procedure Act hearing brought by the California Attorney General’s office. If the CSLB and licensee are unable to resolve a citation informally, the licensee is still entitled to the APA hearing. Contractors receiving CSLB citations are wise to avail themselves of this process. Read the court decision
    Read the full story...
    Reprinted courtesy of Daniel F. McLennon, Smith Currie
    Mr. McLennon may be contacted at dfmclennon@smithcurrie.com

    New Insurance Case: Owners'​ Insurance Barred in Reimbursement Action against Tenant

    April 17, 2019 —
    The Western Heritage Ins. Co. v. Frances Todd, Inc. (2019 Cal.App. LEXIS 299 / 2019 WL 1450731) case has potential implications for insurance carriers, policyholders, condominium associations, unit owners, landlords and tenants. The case involves a fire at a commercial condominium complex (the “Association”). The Association’s CC&Rs required the Association to purchase a master fire insurance policy for the benefit of the Association and owners, with a waiver of subrogation endorsement that stated the insurance company could not seek reimbursement from the Association, its officers, owners or occupants of the units in the event of a covered fire. The CC&Rs also prohibited individual owners from obtaining their own fire insurance. The Association purchased the required fire insurance policy from Western Heritage Insurance Company (“Western Heritage”). One of the owner’s tenants, Frances Todd, Inc. (“Frances Todd”), allegedly caused a fire that damaged several units. Although the unit owner was covered as an additional named insured under the Western Heritage fire policy, the tenant, Frances Todd, was not. Western Heritage paid for the common area fire damage caused by Francis Todd, and then sued Frances Todd in a subrogation action to recover the amounts paid. Read the court decision
    Read the full story...
    Reprinted courtesy of Jason M. Adams, Gibbs Giden
    Mr. Adams may be contacted at jadams@gibbsgiden.com

    Hirer Liable for Injury to Subcontractor’s Employee Due to Failure to Act, Not Just Affirmative Acts, Holds Court of Appeal

    December 11, 2018 —
    The Privette doctrine, named after the court case Privette v. Superior Court (1993) 5 Cal.4th 689, provides that a higher-tiered party such as an owner or general contractor is not liable for injuries sustained by employees of a lower-tiered party such as a subcontractor on a construction project. There are, however, exceptions to the Privette doctrine. One of these exceptions is known as the “retained control doctrine.” Under the retained control doctrine, a higher-tiered party cannot avoid liability under the Privette doctrine if the higher-tiered party: (1) retains control over the conditions of the work; (2) negligently exercises control over such conditions; and (3) its negligent exercise of control contributes to the injuries sustained by the employee of the lower-tiered party. Read the court decision
    Read the full story...
    Reprinted courtesy of Garret Murai, Wendel, Rosen, Black & Dean LLP
    Mr. Murai may be contacted at gmurai@wendel.com

    Ohio Rejects the Majority Trend and Finds No Liability Coverage for a Subcontractor’s Faulty Work

    December 11, 2018 —
    In Ohio N. Univ. v. Charles Constr. Servs., 2018 Ohio LEXIS 2375 (No. 2017-0514, October 9, 2018), the Supreme Court of Ohio was recently called upon to determine if a general contractor’s Commercial General Liability (CGL) insurance policy provided coverage for defective work completed by its subcontractor. Rejecting the majority trend, the court held that, because the subcontractor’s faulty work was not an “occurrence” caused by an accident – i.e. a fortuitous event – within the meaning of the contractor’s CGL policy, the insurer did not have to defend or indemnify the contractor with respect to the plaintiff’s claims. Read the court decision
    Read the full story...
    Reprinted courtesy of Shannon M. Warren, White and Williams LLP
    Ms. Warren may be contacted at warrens@whiteandwilliams.com

    Fifth Circuit Rules that Settlements in Underlying Action Constitute "Other Insurance"

    April 17, 2019 —
    The Fifth Circuit ruled that settlements between an insured and its subcontractors qualified as “other insurance” to the extent those settlements were used to pay for damages covered by an excess insurance policy. Policyholders should note the outcome of this case as it demonstrates the significant impact that settlements can have on coverage. Satterfield & Pontikes Construction, Inc. v. Amerisure Mutual Ins. Co.1 was the result of a construction project gone wrong. Zapata County, Texas hired Satterfield & Pontikes (“S&P”) as a general contractor for the construction of a courthouse building. When the project did not go as planned, Zapata County terminated S&P, hired new subcontractors to complete the project, and sued S&P. S&P, in turn, sought indemnification from its subcontractors, who were contractually obligated to indemnify S&P and procure insurance for any damage the subcontractors caused at the project. S&P also sought coverage from its own primary insurers, American Guarantee and Liability Insurance Company (“AGLIC”) and Amerisure Mutual Insurance Company (“Amerisure”), and its excess insurer, U.S. Fire Insurance Company (“U.S. Fire”) who provided liability coverage for S&P’s potential liabilities at the project. The policies contained exclusions for losses arising from mold and did not provide coverage for attorney’s fees or similar legal costs. Read the court decision
    Read the full story...
    Reprinted courtesy of Tiffany Casanova, Saxe Doernberger & Vita, P.C.
    Ms. Casanova may be contacted at tlc@sdvlaw.com

    AGC Seeks To Lead Industry in Push for Infrastructure Bill

    May 01, 2019 —
    The ongoing call for better infrastructure funding, along with workforce innovation and an enhanced focus on diversity and inclusivity, is taking center stage at the Associated General Contractors of America. The association’s leaders emphasized that these issues are crucial to the industry’s future as more than 2,800 attendees gathered for AGC’s annual convention in Denver April 1-4. Read the court decision
    Read the full story...
    Reprinted courtesy of Jennifer Seward, ENR
    ENR may be contacted at ENR.com@bnpmedia.com

    New California Construction Law for 2019

    January 02, 2019 —
    The California Legislature introduced over 2637 bills in the second half of the 2017-2018 session. This article summarizes some of the more important bills affecting contractors in their roles as contractors, effective January 1, 2019, unless otherwise noted. Not addressed here are many other bills that will affect contractors in their roles as businesses, taxpayers, and employers. Each of the summaries is brief, focusing on what is most important to contractors. Because not all aspects of these bills are discussed, each summary’s title is a live link to the full text of the referenced bills for those wanting to explore the details of the new laws. Read the court decision
    Read the full story...
    Reprinted courtesy of Daniel F. McLennon, Smith Currie
    Mr. McLennon may be contacted at dfmclennon@smithcurrie.com