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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
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    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

    "Occurrence" May Include Intentional Acts In Montana

    "Damage to Your Product" Exclusion Bars Coverage

    The Importance of Providing Notice to a Surety

    Cleveland Condo Board Says Construction Defects Caused Leaks

    General Contractors Can Be Sued by a Subcontractor’s Injured Employee

    Pennsylvania Court Extends Construction Defect Protections to Subsequent Buyers

    Showdown Over Landmark Housing Law Looms at U.S. Supreme Court

    California to Build ‘Total Disaster City’ for Training

    Cybersecurity on Your Project: Why Not Follow National Security Strategy?

    Remembering Joseph H. Foster

    New Case Alert: Oregon Supreme Court Prohibits Insurer’s Attempt to Relitigate Insured’s Liability

    LA Metro To Pay Kiewit $297.8M Settlement on Freeway Job

    New Jersey’s Proposed Construction Defect Law May Not Cover Everything

    Could This Gel Help Tame the California Fires?

    Banks Rejected by U.S. High Court on Mortgage Securities Suits

    Building Down in November, Even While Home Sales Rise

    Additional Insurance Coverage Determined for General Contractor

    D.R. Horton Earnings Rise as Sales and Order Volume Increase

    Google, Environmentalists and University Push Methane-Leak Detection

    Additional Insured Not Entitled to Indemnity Coverage For Damage Caused by Named Insured

    Georgia Court Rules that Separate Settlements Are Not the End of the Matter

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    Construction Litigation—Battles on Many Fronts

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    McGraw Hill to Sell off Construction-Data Unit

    Coverage Issues: When You Need Your Own Lawyer in a Construction Defect Suit

    Georgia Amends Anti-Indemnity Statute

    Subcontractors Have a Duty to Clarify Ambiguities in Bid Documents

    Witt Named to 2017 Super Lawyers

    Wendel Rosen Attorneys Named as Fellows of the Construction Lawyers Society of America

    Multiple Occurrences Found For Claims Against Supplier of Asbestos Products

    The Regulations on the Trump Administration's Chopping Block

    California Supreme Court Allows Claim Under Unfair Competition Statute To Proceed

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    In Search of Cement Replacements

    Suppliers Must Also Heed “Right to Repair” Claims

    No Coverage for Negligent Misrepresentation without Allegations of “Bodily Injury” or “Property Damage”

    No Jail Time for Disbarred Construction Defect Lawyer

    You Are Your Brother’s Keeper. Direct Contractors in California Now Responsible for Wage Obligations of Subcontractors

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    Corporate Profile


    The Eureka, California Building Consultant Group is comprised from a number of credentialed construction professionals possessing extensive trial support experience relevant to construction defect and claims matters. Leveraging from this considerable body of experience, BHA provides construction related trial support and expert services to the nation's most recognized construction litigation practitioners, Fortune 500 builders, commercial general liability carriers, owners, construction practice groups, and a variety of state and local government agencies.

    Building Consultant News & Info
    Eureka, California

    Doing Construction Lead Programs the Right Way

    October 16, 2018 —
    Running a construction business takes hard work. When you are working on a job, it can be difficult to find time to spend on marketing and advertising. If you are short on time, buying leads through construction lead programs could be a good way to meet new customers, grow your business, and find your next job. Keep reading to learn more about some of the pros and cons of buying leads. A construction lead generation service exists solely to connect home owners with local home improvement contractors. They market across different construction specialties and reach customers who are looking for construction companies. Once they capture the ‘lead’, which is essentially the contact information and a few project details of that potential customer, they sell the lead to one or more local contractors in their network. Read the court decision
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    Reprinted courtesy of Natalie Craigmile, Construction Informer

    Quick Note: Mitigation of Damages in Contract Cases

    October 02, 2018 —
    In an earlier article, I discussed an owner’s measure of damages when a contractor breaches the construction contract. This article discussed a case where the contractor elected to walk off a residential renovation job due to a payment dispute when he demanded more money and the owners did not bite. This case also discussed the commonly asserted defense known as mitigation of damages, i.e., the other party failed to properly mitigate their own damages. In the breach of contract setting, mitigation of damages refers to those damages the other side could have reasonably avoided had he undertaken certain (reasonable) measures. This is known as the doctrine of avoidable consequences. Read the court decision
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    Reprinted courtesy of David Adelstein, Kirwin Norris
    Mr. Adelstein may be contacted at

    Survey: Workers Lack Awareness of Potentially Hazardous Nanomaterials

    December 11, 2018 —
    Microscopic nanoparticles are part of the mix in nearly 600 construction products. The particles add strength, durability and other desired characteristics. Read the court decision
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    Reprinted courtesy of Scott Van Voorhis, ENR
    ENR may be contacted at

    Georgia Court of Appeals Holds Lay Witness Can Provide Opinion Testimony on the Value of a Property If the Witness Had an Opportunity to Form a Reasoned Opinion

    September 25, 2018 —
    In Woodrum v. Ga. Farm Bureau Mut. Ins. Co., 815 S.E.2d 650 (Ga. Ct. App. 2018), the Court of Appeals of Georgia considered whether the lower court properly disqualified a contractor as an expert witness and excluded the contractor from offering lay opinion testimony regarding the value of a property. The Court of Appeals held that, while the lower court properly disqualified the contractor as an expert witness, it improperly excluded the general contractor’s lay opinion testimony regarding the value of the property. This case establishes that, in Georgia, a lay witness can provide opinion testimony on the value of a property if the proponent of the testimony demonstrates that the witness had an opportunity to form a reasoned opinion. Read the court decision
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    Reprinted courtesy of Gus Sara, White and Williams LLP
    Mr. Sara may be contacted at

    Second Circuit Finds Potential Ambiguity in Competing “Anti-Concurrent Cause” Provisions in Hurricane Sandy Property Loss

    November 28, 2018 —
    The Second Circuit recently held that competing “anti-concurrent cause” provisions in a commercial property policy present a potential ambiguity that could result in favor of coverage for losses sustained by Madelaine Chocolate after storm surge from Hurricane Sandy combined to cause substantial damage to Madelaine’s property and a resulting loss of income. Madelaine was insured under an all-risk insurance policy issued by Chubb subsidiary Great Northern Insurance Company. By endorsement, Madelaine’s policy added “windstorm” as a covered peril and defined “windstorm” as “wind… regardless of any other cause or event that directly or indirectly contributes concurrently to, or contributed in any sequence to, the loss or damage.” The policy also included a common flood exclusion that removed coverage for loss or damage caused by or resulting from waves, tidal water, or tidal waves, or the rising, overflowing, or breaking of any natural harbors, oceans, or any other body of water, whether driven by wind or not. Like the windstorm endorsement, the flood exclusion contained concurrency language that broadened the exclusion to any loss to which flood contributed, regardless of any other cause or event that directly or indirectly contributed to the loss. Reprinted courtesy of Michael S. Levine, Hunton Andrews Kurth and Tae Andrews, Hunton Andrews Kurth Mr. Levine may be contacted at Mr. Andrews may be contacted at Read the court decision
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    Reprinted courtesy of

    Selected Environmental Actions Posted on the Fall 2018 Unified Agenda of Regulatory and Deregulator Actions

    November 06, 2018 —
    The Office of Information and Regulatory Affairs, housed in the Office of Management and Budget, has issued the Fall 2018 Unified Agenda of Regulatory and Deregulatory Actions to be taken over the next several months by federal executive departments and agencies. This report will highlight some of the environmental actions, to be proposed or finalized soon by these agencies. Eventually, the Agenda will be published in the Federal Register. 1. Environmental Protection Agency (EPA) EPA, of course, has listed by far the largest number of actions. For instance, EPA’s agenda lists 92 separate actions to be taken under its Clean Air Act (CAA) authority. As an example, EPA reports that it will issue a Notice of Proposed Rulemaking (NPRM) in May 2019 of its proposals to increase consistency and true transparency in considering the cost benefit of its proposed rules, and review the standards of performance for new, modified, and reconstructed sources of greenhouse gas emissions by means of an NPRM to be issued in November 2018. Read the court decision
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    Reprinted courtesy of Anthony B. Cavender, Pillsbury
    Mr. Cavender may be contacted at

    Second Circuit Court Differentiates the Standard for Determining Evident Partiality for a Neutral Arbitrator and a Party-Appointed Arbitrator

    August 07, 2018 —
    On June 7, 2018, the Second Circuit Court in Certain Underwriting Members of Lloyds of London v. Fla., Dep’t of Fin. Servs.,1 held that a party-appointed arbitrator should not be held to the same standard as a neutral arbitrator. The Court vacated a district court’s order vacating an arbitral award in a reinsurance dispute between Insurance Company of Americas (“ICA”) and Certain Underwriting Members of Lloyds of London (“Underwriters”). The case was one of first impression for the Second Circuit on how to determine the standard of evident partiality challenged to a party-appointed arbitrator. Underwriters reinsured ICA under a series of treaties. The treaties each contained an arbitration clause requiring that disputes be adjudicated by an arbitration panel consisting of three members: one party-appointed arbitrator for each party, and a neutral. The clause required only that the arbitrators “be active or retired disinterested executive officers of insurance or reinsurance companies or Lloyd’s London Underwriters.” Read the court decision
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    Reprinted courtesy of Celia B. Waters, Saxe Doernberger & Vita, P.C.
    Ms. Waters may be contacted at

    Contractors Can No Longer Make Roof Repairs Following Their Own Inspections

    July 02, 2018 —
    California law mandates that any person who conducts roof inspections for a fee can no longer effectuate the actual repairs to the same property. Effective January 1, 2018, Business & Professions Code Section 7197 (Unfair Business Practices) deems it to be an unfair business practice for a home inspector who charges a homeowner a monetary fee for inspecting the property, to perform or offer to perform additional repairs due to the inherent financial interest and conflict raised by identifying alleged defects necessitating repairs. The new law is a result of California AB 1357, which was signed into law on October 5, 2017. The goal of the new law is to disincentivize a roof inspector from creating a report for the sole purpose of obtaining a bid to perform those documented repairs. The roof contractor can perform repairs identified in their report only after a twelve month “cooling period” which provides the homeowner an opportunity to obtain multiple bids/estimates for repairs based upon the inspector’s report. The new law also discourages home inspectors from providing a list of contractors who provide monetary referral fees back to the home inspector upon receiving repair work from the homeowner based exclusively on the home inspection report. The California Business & Professions Code Section 7195(a)(1) defines a “home inspection” as a “non-invasive, physical examination, performed for a fee in connection with the transfer…of the real property…or essential components of the residential dwelling.” Home inspection includes “any consultation regarding the property that is represented to be a home inspection or any confusingly similar term.” Business & Professions Code section 7195(a)(2) further defines a “home inspection” as including energy efficiency and solar. A “home inspection report” is a written report prepared for a fee issued after an inspection. Business & Professions Code section 7195(c). It is noted that a home inspector does not have to be a licensed architect, professional engineer, or general contractor with a Class “B” license issued by the California Contractors State License Board, but “it is the duty of a home inspector who is not licensed as a general contractor, structural pest control operator, or architect, or registered as a professional engineer to conduct a home inspection with the degree of care that a reasonably prudent home inspector would exercise. Business & Professions Code section 7196. Reprinted courtesy of Jason Feld, Kahana & Feld LLP and Alex Chazen, Kahana & Feld LLP Mr. Feld may be contacted at Mr. Chazen may be contacted at Read the court decision
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    Reprinted courtesy of