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    Winters, 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 Winters California

    Commercial and Residential Contractors License Required.


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

    Winters California Building Consultant 10/ 10

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

    Winters California Building Consultant 10/ 10

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

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

    Winters California Building Consultant 10/ 10

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

    Winters California Building Consultant 10/ 10

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

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

    Winters California Building Consultant 10/ 10


    Building Consultant News and Information
    For Winters California


    Defense for Additional Insured Not Barred By Sole Negligence Provision

    It’s All a Matter of [Statutory] Construction: Supreme Court Narrowly Interprets the Good Faith Dispute Exception to Prompt Payment Requirements in United Riggers & Erectors, Inc. v. Coast Iron & Steel Co.

    Real-Estate Pros Fight NYC Tax on Wealthy Absentee Owners

    House Panel Subpoenas VA Documents on Colorado Project

    Consequential Damages Flowing from Construction Defect Not Covered Under Florida Law

    Legislative Update on Bills of Note (Updated Post-Adjournment)

    Federal Court Ruling Bolsters the “Your Work” Exclusion in Standard CGL Policies

    Ambitious Building Plans in Boston

    Florida Federal Court Reinforces Principle That Precise Policy Language Is Required Before An Insurer Can Deny Coverage Based On An Exclusion

    Warning! Danger Ahead for Public Entities

    ETF Bulls Bet Spring Will Thaw the U.S. Housing Market

    Future Environmental Rulemaking Proceedings Listed in the Spring 2019 Unified Federal Agenda

    How Long is Your Construction Warranty?

    Is it the Dawning of the Age of Strict Products Liability for Contractors in California?

    Court Makes an Unsettling Inference to Find that the Statute of Limitations Bars Claims Arising from a 1997 Northridge Earthquake Settlement

    Claim for Vandalism Loss Survives Motion to Dismiss

    Want a Fair Chance at a Government Contract? Think Again

    Fifth Circuit Reverses Insurers’ Summary Judgment Award Based on "Your Work" Exclusion

    BHA Sponsors the 9th Annual Construction Law Institute

    How to Challenge a Project Labor Agreement

    Pre-Suit Settlement Offers and Construction Lien Actions

    California Supreme Court Raises the Bar on Dangerous Conditions on Public Property Claims

    Lack of Workers Holding Back Building

    Balfour in Talks With Carillion About $5 Billion Merger

    N.J. Governor Signs Bill Expanding P3s

    Fundamental Fairness Trumps Contract Language

    Sales of New U.S. Homes Fell in February to Five-Month Low

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

    Unlicensed Contractors Caught in a Sting Operation

    Homebuilding Held Back by Lack of Skilled Workers

    NY Pay-to-Play Charges Dropped Against LPCiminelli Executive As Another Pleads Guilty

    Court Denies Insurers' Motions for Summary Judgment Under All Risk Policies

    Colorado’s New Construction Defect Law Takes Effect in September: What You Need to Know

    New Orleans Reviews System After Storm Swamps Pumps

    Anchorage Building Codes Credited for Limited Damage After Quakes

    Court Addresses Damages Under Homeowners Insurance Policy

    IoT: Take Guessing Out of the Concrete Drying Process

    All Risk Policy Only Covers Repair to Portion of Dock That Sustains Damage

    Connecting IoT Data to BIM

    Alabama Court Upholds Late Notice Disclaimer

    No Entitlement to Reimbursement of Pre-Tender Fees

    Hawaii Federal Court Grants Insured's Motion for Remand

    Court Voids Settlement Agreement in Construction Defect Case

    Consolidated Case With Covered and Uncovered Allegations Triggers Duty to Defend

    "Your Work" Exclusion Bars Coverage for Contractor's Faulty Workmanship

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

    Georgia Supreme Court Says Construction Defects Can Be an “Occurrence”

    Connecticut Federal District Court Keeps Busy With Collapse Cases

    Affordable Global Housing Will Cost $11 Trillion

    Bridge Disaster - Italy’s Moment of Truth
    Corporate Profile

    WINTERS CALIFORNIA BUILDING CONSULTANT
    DIRECTORY AND CAPABILITIES

    The Winters, 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
    Winters, California

    Ninth Circuit Finds Policy’s Definition of “Policy Period” Fatal to Insurer’s “Related Claims” Argument

    April 10, 2019 —
    Professional liability policies often include some form of a “related claims” or “related acts” provision stating that if more than one claim results from a single wrongful act, or a series of related wrongful acts, such claims will be treated as a single claim and deemed first made during the policy period in which the earliest claim was made. These provisions can have significant implications on the applicable policy and policy limits, retroactive date issues, and whether such claims were first made and reported during a particular policy period. Recently, the Ninth Circuit issued a stern reminder of how the particular policy language can effect, and in this case thwart, the intended scope of the carrier’s “related claims” provision. In Attorneys Ins. Mut. Risk Retention Grp., Inc. v. Liberty Surplus Ins. Corp., 2019 WL 643442 (9th Cir. Feb. 15, 2019), the Ninth Circuit construed a “related claims” provision included in two consecutive lawyers professional liability policies. During both the 2009–2010 and 2010–2011 insurance policy periods, attorney J. Wayne Allen (“Allen”) was insured through his employer by Liberty Surplus Insurance Corporation’s (“Liberty”) professional liability insurance. Third parties filed suit against Allen during the 2009–2010 policy period in a probate case, and a second, related civil suit during the 2010–2011 policy period. Read the court decision
    Read the full story...
    Reprinted courtesy of Jason M. Taylor, Traub Lieberman
    Mr. Taylor may be contacted at jtaylor@tlsslaw.com

    ConsensusDOCS Hits the Cloud

    April 02, 2019 —
    I have discussed the ConsensusDOCS here at Musings on a few occasions. These relatively new form documents, endorsed by the AGC among other trade organizations, are a great counterpoint to the AIA documents that we all are more than familiar with and as construction attorneys and contractors have likely reviewed on numerous occasions. Recently, these documents have joined the parade and have taken to the cloud. The folks at ConsensusDOCS made this move to ease the type of collaboration that I have discussed must occur on construction projects among the players. The use of the cloud based technology is one of the first uses of this technology to increase productivity. Read the court decision
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    Reprinted courtesy of The Law Office of Christopher G. Hill
    Mr. Hill may be contacted at chrisghill@constructionlawva.com

    Limiting Liability: Three Clauses to Consider in your Next Construction Contract

    June 25, 2019 —
    In your next contract, consider including some (or all!) of the following clauses to limit your liability and maximize your profits. Waiver of Consequential Damages While a proven breach of contract will leave a design professional or contractor exposed to direct or compensatory damages, a waiver of consequential damages will help “stop the bleeding” and protect the design professional or contractor from paying every damage that might flow from the breach. Consequential damages include those damages which indirectly flow from the breach of contract, for example, lost rents, lost profits, lost use, lost opportunity, loss of employee productivity, and damages to reputation. The American Institute of Architects (AIA) has included a mutual waiver of consequential damages in its sample A201 for over 20 years. The AIA provision includes a definition of consequential damages which are waived, including many of the examples cited above. However, the AIA waiver of consequential damages clause carves out an exception for liquidated damages to the owner. Prudent design professionals and contractors will strike this exception so as not to render the clause meaningless. A well-drafted waiver clause will be mutual, will define which damages are consequential versus direct, and will not contain exceptions. Read the court decision
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    Reprinted courtesy of Tara Lynch - Gordon & Rees Scully Mansukhani
    Ms. Lynch may be contacted at tlynch@grsm.com

    EPA Announces Decision to Retain Current Position on RCRA Regulation of Oil and Gas Production Wastes

    June 03, 2019 —
    After much study, EPA has decided against changing its current RCRA Subtitle D rules affecting the state regulation of oil and gas exploration & production waste. Since 1988, EPA has determined that most such wastes should be regulated as only non-hazardous wastes subject to RCRA Subtitle D, and not the more onerous hazardous waste provisions of RCRA Subtitle C. (See the Regulatory Determination of Oil and Gas and Geothermal Exploration, Development and Production Wastes, 53 FR 25,446 (July 6,1988).) As a result, under the Subtitle D rules, the primary regulators of such waste are state regulatory agencies, which follow the state plan non-hazardous waste guidelines developed by EPA. This regulatory disposition has proven to be fairly controversial, and it was recently challenged in a lawsuit filed in the U.S. District Court for the District of Columbia: Environmental Integrity Project, et al. v. McCarthy. To settle this lawsuit, EPA and the plaintiffs entered into a consent decree by which EPA was to make certain determinations about the future of the program after conducting an appropriate study. That study, Management of Exploration, Development and Production Wastes: Factors Informing a Decision on the Need for Regulatory Action, has been completed, and it concludes, after a fairly comprehensive review of these state regulatory programs, that “revisions to the federal regulations for the management of E&P wastes under Subtitle D of RCRA (40 CFR Part 257) are not necessary at this time.” In a statement released on April 23, 2019, EPA accepted these findings and promised that it would continue to work with states and other stakeholders to identify areas for improvement and to address emerging issues to ensure that exploration, development and production wastes “continue to be managed in a manner that is protective of human health and the environment.” Read the court decision
    Read the full story...
    Reprinted courtesy of Anthony B. Cavender, Pillsbury
    Mr. Cavender may be contacted at anthony.cavender@pillsburylaw.com

    Quick Note: Third-Party Can Bring Common Law Bad Faith Claim

    July 01, 2019 —
    A third-party claimant may bring a common law bad faith claim against a defendant’s liability insurer. Mccullough v. Royal Caribbean Cruises, 2019 WL 2076192, *2 (S.D.Fla. 2019). “A bad faith claim may be brought by a third party absent an assignment from the [defendant] insured.” Id. This can only be done in the third-party bad faith context with the argument that the insurer’s “bad faith” conduct resulted in a judgment against the defendant-insured in excess of the policy limits. However, in any third-party bad faith claim (and, really, bad faith claim in general), coverage must first be determined under the policy. Read the court decision
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    Reprinted courtesy of David Adelstein, Kirwin Norris, P.A.
    Mr. Adelstein may be contacted at dma@kirwinnorris.com

    How Algorithmic Design Improves Collaboration in Building Design

    June 18, 2019 —
    Design, like everything else in a construction project, is a collaborative effort. Even with digital tools, collaboration across design disciplines is not yet optimal. An experimental project thus set out to test whether algorithmic design could help streamline the interaction between architects and structural engineers. Design data originating from an architect is used in several engineering tools for visualization, analysis, and calculation. Ideally, changes in the architect’s design would propagate automatically across all the software. Unfortunately, the process is in fact mostly manual. Hence, the design data is seldom, if ever, in perfect sync on all systems. Read the court decision
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    Reprinted courtesy of Aarni Heiskanen, AEC Business
    Mr. Heiskanen may be contacted at aec-business@aepartners.fi

    Traub Lieberman Attorneys Recognized in 2019 Edition of Who’s Who Legal

    June 10, 2019 —
    Traub Lieberman attorneys Richard K. Traub and Richard J. Bortnick have been recognized in Who’s Who Legal Insurance & Reinsurance: Lawyers. Published by London-based Law Business Research Limited, Who’s Who Legal recognizes the premier legal practitioners in multiple areas of business law. Start in 1996, Who’s Who Legal has recognized over 24,000 private practice lawyers and 2,500 consulting experts from over 150 national jurisdictions across the globe. Traub is a founder and co-managing partner of Traub Lieberman who works in a wide array of fields, including construction, pharmaceutical, product manufacturing, technology, insurance and reinsurance. Bortnick is a Partner in the firm’s New Jersey office who counsels clients on cyber and technology risks, exposures and best practices, cyber breach response management and interaction with regulators. He also handles matters involving directors’ and officers’ liability, professional liability, insurance coverage, and commercial litigation matters. Read the court decision
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    Reprinted courtesy of

    Don’t Overlook Leading Edge Hazards

    May 20, 2019 —
    Leading edge hazards are often misunderstood and overlooked on today’s highly visible jobsites. Evidence is readily available via images shared on construction-related social media accounts. In the context of people showing pride for the hard work they do or the extreme conditions under which they work, posts offer glimpses into the methods employed to mitigate fall hazards. Alarmingly, many of these methods do not adhere to industry-accepted standards, especially in the case of leading edge applications. Mincing Words The definition of “leading edge” itself has undergone somewhat of a transformation since its introduction by OSHA to its current use by ANSI in the Z359.14-2014 “Safety Requirements for Self-Retracting Devices for Personal Fall Arrest and Rescue Systems” standard. OSHA defines a leading edge as an “unprotected side or edge during periods when it is actively or continuously under construction,” giving many the impression that a leading edge was a temporary condition found only during the construction of a structure. Reprinted courtesy of Baxter Byrd, Construction Executive, a publication of Associated Builders and Contractors. All rights reserved. Read the court decision
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    Reprinted courtesy of
    Mr. Byrd may be contacted at info@puresafetygroup.com