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    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.


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    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


    South Carolina Legislature Redefining Occurrences to Include Construction Defects in CGL Policies

    Can an Architect, Hired by an Owner, Be Sued by the General Contractor?

    World-Famous Architects Design $480,000 Gazebos for Your Backyard

    Congratulations 2016 DE, NJ, and PA Super Lawyers and Rising Stars

    Homeowners Should Beware, Warn Home Builders

    Demanding a Reduction in Retainage

    Contractor Sues Supplier over Defective Products

    NEW DEFECT WARRANTY LAWS – Now Applicable to Condominiums and HOAs transitioning from Developer to Homeowner Control. Is Your Community Aware of its Rights Under the New Laws?

    Florida Chinese drywall, pollution exclusion, “your work” exclusion, and “sistership” exclusion.

    Three Firm Members Are Top 100 Super Lawyers & Ten Are Recognized As Super Lawyers Or Rising Stars In 2018

    Canada Housing Surprises Again With July Starts Increase

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

    Insurers May Not Be Required to Defend Contractors In a Florida §558 Proceeding

    Can Your Small Business Afford to Risk the Imminent Threat of a Cyber Incident?

    Montrose Language Interpreted: How Many Policies Are Implicated By A Construction Defect That Later Causes a Flood?

    Roof's "Cosmetic" Damage From Hail Storm Covered

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    U.S. Construction Spending Rose in 2017 by Least in Six Years

    The Burden of Betterment

    Not to Miss at This Year’s Archtober Festival

    Patriarch Partners Decision Confirms Government Subpoenas May Constitute a “Claim” Under D&O Policy; Warns Policyholders to Think Broadly When Representing Facts and Circumstances to Insurers

    Steps to Defending against Construction Defect Lawsuits

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    Judge Rejects Extrapolation, Harmon Tower to Remain Standing

    Insurer Sued for Altering Policies after Claim

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

    Pennsylvania: Searching Questions Ahead of Oral Argument in Domtar

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    DRCOG’s Findings on the Impact of Construction Defect Litigation Have Been Released (And the Results Should Not Surprise You)

    2015-2016 California Labor & Employment Laws Affecting Construction Industry

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    Limiting Plaintiffs’ Claims to a Cause of Action for Violation of SB-800

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    You Can Take This Job and Shove It!

    Apartment Projects Fuel 13% Jump in U.S. Housing Starts

    Not So Unambiguous: California Court of Appeal Finds Coverage for Additional Insured

    Builders Can’t Rely on SB800

    Intricacies of Business Interruption Claim Considered

    Anti-Concurrent Causation Clause Bars Coverage for Pool Damage

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    Following California Law, Federal Court Adopts Horizontal Allocation For Asbestos Coverage
    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

    Tests Find Pollution From N.C. Coal Ash Site Hit by Florence Within Acceptable Levels

    October 30, 2018 —
    RALEIGH, N.C. (AP) — Despite the gray muck that fouled the Cape Fear River near a Wilmington power plant after Hurricane Florence, water tests so far show heavy metals contained in coal ash are within state standards, North Carolina environmental officials said Thursday. Read the court decision
    Read the full story...
    Reprinted courtesy of Engineering News-Record
    ENR may be contacted at ENR.com@bnpmedia.com

    How the New Dropped Object Standard Is Changing Jobsite Safety

    January 02, 2019 —
    In the United States, a dropped object injures a worker every 11 minutes—equating to nearly 50,000 cases every year. For those who seek medical treatment for these types of injuries, it can cost an average of $42,000. In fact, 5 percent of all fatalities on jobsites are due to falling objects, according to the Bureau of Labor Statistics. These statistics highlight the overwhelming importance of dropped object prevention. OSHA already identifies dropped object incidents under the category of “Struck by Object” in its widely recognized “Fatal Four” list of the four leading causes of fatalities in the construction industry. Reprinted courtesy of Derek Rose, Construction Executive, a publication of Associated Builders and Contractors. All rights reserved. Read the court decision
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    Reprinted courtesy of

    Anti-Concurrent Causation Clause Preserves Possibility of Coverage

    January 15, 2019 —
    The policy's anti-concurrent causation clause preserved the possibility of coverage when the insurer's motion for summary judgment to disclaim its indemnity obligation for damage caused by Hurricane Sandy was overturned by the Second Circuit. Madelaine Chocolate Novelties, Inc. v. Great Northern Ins. Co., 2018 U.S. App. LEXIS 29821 (Oct. 23, 2018 2nd Cir. ) In 2012, Madelaine Chocolate suffered significant damage to its business due to storm surges created by Hurricane Sandy. Madelaine Chocolate had an "all-risk" policy issued by Great Northern. Madelaine Chocolate filed a claim for property damage of approximately $40 million and business income loss and extra operation expenses of $13.5 million. Great Northern denied most of the claim, reasoning that the storm surge damage was excluded under the policy. Read the court decision
    Read the full story...
    Reprinted courtesy of Tred R. Eyerly, Damon Key Leong Kupchak Hastert
    Mr. Eyerly may be contacted at te@hawaiilawyer.com

    A Word to the Wise: The AIA Revised Contract Documents Could Lead to New and Unanticipated Risks - Part II

    October 16, 2018 —
    Part I addressed general conditions, revised insurance terms, revisions that affect owner’s required insurance and revisions that affect contractor’s required insurance. REVISIONS THAT AFFECT DISPUTE RESOLUTION A seemingly minor but noteworthy change is to the definition of “Claim.” Under Section 15.1 a “Claim” is defined to:
    • include a request for a modification of contract time; and
    • exclude any requirement that an owner must file a claim to impose liquidated damages.
    Notably, any request relating to contract time must be brought within the specified time period for Notice of Claim and in the prescribed manner. There are at least two traps for the unwary. First, even though email is regularly used for communications among the parties, the revised contract documents do not recognize email as an acceptable form of delivery of a Notice of Claim. Second, an unwary contractor may wrongly assume that an owner’s failure to assert a claim for LDs means that LDs will not be imposed. This may lull the contractor into failing to timely assert its own claim for a time extension and thereby waiving its ability to do so. Reprinted courtesy of George Talarico, Construction Executive, a publication of Associated Builders and Contractors. All rights reserved. Read the court decision
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    Reprinted courtesy of
    Mr. Talarico may be contacted at gtalarico@sillscummis.com

    Non-compliance With Endorsement Means No Indemnity Coverage

    January 15, 2019 —
    The insured's failure to verify that subcontractors had CGL policies and to provide a contract stating that the subcontractors would indemnify the insured as required by the policy's endorsement meant there was no coverage for the insured. Cincinnati Spec. Underwriters Ins. Co. v. Milionis Constr., Inc., 2018 U.S. Dist. LEXIS 199658 (E.D. Wash. Nov. 26, 2018). The homeowners filed suit against Milionis, the general contractor for construction of a home. The underlying suit alleged that Milionis breached the parties' agreement by leaving the home unfinished. Cincinnati defended Milionis under a reservation of rights. Read the court decision
    Read the full story...
    Reprinted courtesy of Tred R. Eyerly, Damon Key Leong Kupchak Hastert
    Mr. Eyerly may be contacted at te@hawaiilawyer.com

    An Expert’s Qualifications are Important

    January 28, 2019 —
    An expert’s qualifications are important. Please remember this the next time you retain an expert to analyze documents or data and render an opinion based on that information. An expert must be qualified to render an opinion. Otherwise the expert will not be allowed to render the opinion you may be looking for or need for purposes of trial, as discussed below. A recent personal injury case, White v. Ring Power Corp., 43 Fla.L.Weekly D2729a (Fla. 3d 2018), involved a crane operator that became severely injured when operating a leased crane. The case proceeded to trial against only the equipment lessor of the crane based on the plaintiff’s contention that there were deficiencies with the crane. The plaintiff intended on using expert witnesses to interpret the crane’s load movement indicator (referred to as LMI) and render opinions that the LMI data showed prior overloads of the crane which resulted in the injury to the operator of the crane. Read the court decision
    Read the full story...
    Reprinted courtesy of David Adelstein, Kirwin Norris
    Mr. Adelstein may be contacted at dma@kirwinnorris.com

    Five Keys to Driving Digital Transformation in Engineering and Construction

    January 02, 2019 —
    Engineering and construction companies increasingly find themselves navigating an era of disruptive and transformative change driven by technology. And with the industry going strong and construction employment recently reaching a 10-year high, more companies recognize that it is time to embrace the efficiencies digital transformation brings, in large part to protect or enhance their competitive position. A report from the Global Industry Council notes that modern technology is moving to the strategic center of E&C business models as part of an evolutionary process. Reprinted courtesy of Rob Phillpot, Construction Executive, a publication of Associated Builders and Contractors. All rights reserved. Read the court decision
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    Reprinted courtesy of

    Wisconsin High Court Rejects Insurer’s Misuse of “Other Insurance” Provision

    March 04, 2019 —
    The Wisconsin Supreme Court held last week in Steadfast Ins. Co. v. Greenwich Ins. Co. that two insurers must contribute proportionally to the defense of an additional insured under their comprehensive liability policies. In 2008, torrential rainstorms battered the Milwaukee area for two days. The downpour overwhelmed the city’s sewer system, causing significant flooding in homes throughout the region. Out of those floods sprang several lawsuits against the Milwaukee Metropolitan Sewerage District (“MMSD”) for negligent inspection, maintenance, repair, and operation of Milwaukee’s sewage system. MMSD was an additional insured under liability policies covering two other water service providers responsible for the city’s sewer systems. The first policy was issued by Greenwich Insurance Company for United Water Services Milwaukee, LLC, and the second was issued by Steadfast Insurance Company for Veolia Water Milwaukee, LLC. After learning of the lawsuits, MMSD tendered its defense of the sewage suits to both insurers. Steadfast accepted the defense; but Greenwich refused, claiming that its policy was excess to Steadfast’s based on an “other insurance” clause in Greenwich’s policy. Reprinted courtesy of Michael S. Levine, Hunton Andrews Kurth and David Costello, Hunton Andrews Kurth Mr. Levine may be contacted at mlevine@HuntonAK.com Mr. Costello may be contacted at dcostello@HuntonAK.com Read the court decision
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    Reprinted courtesy of