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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:


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    Commercial and Residential Contractors License Required.


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    Building Industry Association Southern California - Desert Chapter
    Local # 0532
    77570 Springfield Ln Ste E
    Palm Desert, CA 92211

    Anaheim California Building Consultant 10/ 10

    Building Industry Association Southern California - Riverside County Chapter
    Local # 0532
    3891 11th St Ste 312
    Riverside, CA 92501
    Anaheim California Building Consultant 10/ 10

    Building Industry Association Southern California
    Local # 0532
    17744 Sky Park Circle Suite 170
    Irvine, CA 92614

    Anaheim California Building Consultant 10/ 10

    Building Industry Association Southern California - Orange County Chapter
    Local # 0532
    17744 Skypark Cir Ste 170
    Irvine, CA 92614

    Anaheim California Building Consultant 10/ 10

    Building Industry Association Southern California - Baldy View Chapter
    Local # 0532
    8711 Monroe Ct Ste B
    Rancho Cucamonga, CA 91730

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    Building Industry Association Southern California - LA/Ventura Chapter
    Local # 0532
    28460 Ave Stanford Ste 240
    Santa Clarita, CA 91355
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    Building Industry Association Southern California - Building Industry Association of S Ca Antelope Valley
    Local # 0532
    44404 16th St W Suite 107
    Lancaster, CA 93535
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    Building Consultant News and Information
    For Anaheim California


    No Coverage For Damage Caused by Chinese Drywall

    Wisconsin Supreme Court Holds that Subrogation Waiver Does Not Violate Statute Prohibiting Limitation on Tort Liability in Construction Contracts

    Court Rules on a Long List of Motions in Illinois National Insurance Co v Nordic PCL

    Real Estate & Construction News Roundup (08/15/23) – Manufacturing Soars with CHIPS Act, New Threats to U.S. Infrastructure and AI Innovation for One Company

    Surveys: Hundreds of Design Professionals See Big COVID-19 Business Impacts

    Remodels Replace Construction in Redding

    OSHA Investigating Bridge Accident Resulting in Construction Worker Fatality

    TxDOT, Flatiron/Dragados Mostly Resolve Bridge Design Dispute

    2017 Construction Outlook: Slow, Mature Growth, but No Decline, Expected

    Blackstone Said to Sell Boston Buildings for $2.1 Billion

    No Duty to Indemnify When Discovery Shows Faulty Workmanship Damages Insured’s Own Work

    Mandatory Attorneys’ Fee Award for Actions Brought Under the Underground Utility Damage Prevention Act

    French Laundry Spices Up COVID-19 Business Interruption Debate

    Want to Build Affordable Housing in the Heart of Paris? Make It Chic.

    Sales of Existing Homes in U.S. Fall to Lowest Since 2012

    Best Lawyers Recognizes Hundreds of Lewis Brisbois Attorneys, Honors Four Partners as ‘Lawyers of the Year’

    Existence of “Duty” in Negligence Action is Question of Law

    Hawaii Supreme Court Tackles "Other Insurance" Issues

    One to Watch: Case Takes on Economic Loss Rule and Professional Duties

    Netherlands’ Developer Presents Modular Homes for Young Professionals

    In Texas, a General Contractor May be Liable in Tort to a Third-Party Lessee for Property Damage Caused by a Subcontractor’s Work

    Implications for Industry as Supreme Court Curbs EPA's Authority

    Decaying U.S. Roads Attract Funds From KKR to DoubleLine

    Amid the Chaos, Trump Signs Executive Order Streamlining Environmental Permitting and Disbands Infrastructure Council

    Do Change Orders Need to be in Writing and Other Things That Might Surprise You

    Altman Contractors, Inc. v. Crum & Forster Specialty Ins. Co.

    Stuck in Seattle: The Aggravating Adventures of a Gigantic Tunnel Drill

    NY Estimating Consultant Settles $3.1M Government Project Fraud Case

    U.S. Firm Helps Thais to Pump Water From Cave to Save Boys

    Ten Firm Members Recognized as Super Lawyers or Rising Stars

    Claims Against Broker Dismissed

    Court’s Ruling on SB800 “Surprising to Some”

    Appellate Court of Maryland Construes Notice Conditions of A312 Performance Bond in Favor of Surety

    You Have Choices (Litigation Versus Mediation)

    California Court Confirms Broad Coverage Under “Ongoing Operations” Endorsements

    New York Construction Practice Team Obtains Summary Judgment and Dismissal of Labor Law Claims

    Are Mechanic’s Liens the Be All End All of Construction Collections?

    Burden to Prove Exception to Exclusion Falls on Insured

    General Contractor’s Intentionally False Certifications Bar It From Any Recovery From Owner

    Oregon Court of Appeals Rules That Negligent Construction (Construction Defect) Claims Are Subject to a Two-Year Statute of Limitations

    Cyber Security Insurance and Design Professionals

    American Council of Engineering Companies of California Selects New Director

    When a Request for Equitable Adjustment Should Be Treated as a Claim Under the Contract Disputes Act

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

    Do We Need Blockchain in Construction?

    Details of Sealed Whistleblower Charges Over Cuomo Bridge Bolts Burst Into Public View

    Let’s Talk About a Statutory First-Party Bad Faith Claim Against an Insurer

    Florida District Court Finds That “Unrelated” Design Errors Sufficient to Trigger “Related Claims” Provision in Architects & Engineers Policy

    BWB&O Senior Associate Kyle Riddles and Associate Alexandria Heins Obtain a Trial Victory in a Multi-Million Dollar Case!

    Insurer’s Attempt to Shift Cost of Defense to Another Insurer Found Void as to Public Policy
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    ANAHEIM CALIFORNIA BUILDING CONSULTANT
    DIRECTORY AND CAPABILITIES

    The Anaheim, 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 more than 25 years 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
    Anaheim, California

    Scott Saylin Expands Employment Litigation and Insurance Litigation Team at Payne & Fears

    September 23, 2024 —
    Scott Saylin has joined Payne & Fears LLP as a Law Clerk in the firm’s Employment Litigation Group and Insurance Litigation Group. Before his time at Payne & Fears, Scott served as a law clerk for Cascadia Healthcare in Boise, Idaho. “We are pleased to welcome Scott Saylin back to the firm. He was with us as a summer associate before completing his final year of law school at George Washington University,” said Amy Patton, the group’s co-chair. “Scott has fantastic potential to develop into an excellent litigator and will be an asset to our team.” Get to Know Scott What activities do you enjoy outside of work? Pickle ball, long walks, beach trips, cooking, watching the Lakers games, and playing the guitar & piano. Read the full story...
    Reprinted courtesy of Payne & Fears LLP

    Toolbox Talk Series Recap - Undocumented Change Work

    October 15, 2024 —
    In the August 29, 2024 edition of Division 1's Toolbox Talk Series, Don Rea presented on the causes of undocumented change order work and what actions parties to a construction project can take to protect themselves, which compliments and reinforces some of the key points from the May 30, 2024 Toolbox Talk on maximizing profits while experiencing changes during project performance. Article 7 of AIA A201 General Conditions covers (i) change orders, (ii) constructive change directives, and (iii) “minor changes.” Work that falls outside the scope of the construction contract will often fit into one of these three categories. Rea’s presentation focused on the fact that, regardless of which category applies, proper documentation of the change work is vital. Read the full story...
    Reprinted courtesy of Douglas J. Mackin, Cozen O’Connor
    Mr. Mackin may be contacted at dmackin@cozen.com

    Rhode Island Sues 13 Industry Firms Over Flawed Interstate Bridge

    September 23, 2024 —
    In an attempt to recoup any money Rhode Island will owe to others for rerouting traffic on half of a high-volume interstate bridge in Providence after structural flaws had been detected, the state Dept. of Transportation filed a lawsuit Aug. 16 against 13 engineers and contractors that had inspected or performed work on the Washington Bridge in the last decade. Reprinted courtesy of Richard Korman, Engineering News-Record Mr. Korman may be contacted at kormanr@enr.com Read the full story...

    Will the AI Frenzy Continue in 2025?

    January 14, 2025 —
    In AEC technology, 2024 was undoubtedly the year of AI. Every company seemed to announce its pledge to embrace artificial intelligence in the coming years, not to mention the numerous startups that peppered their pitch decks with promises of bleeding-edge innovation. Tech developers who had been using machine learning before the generative AI boom were delighted. They no longer needed to invest significant resources in convincing the industry of AI’s potential. The mainstream success of generative AI in 2024 created a ripple effect, making AEC firms eager to explore and adopt AI solutions. Many all-digital startups also got a boost from the AI frenzy, even though many significant innovations happened in hardware and material technology that did not rely on AI. Read the full story...
    Reprinted courtesy of Aarni Heiskanen, AEC Business
    Mr. Heiskanen may be contacted at aec-business@aepartners.fi

    Real Estate & Construction News Roundup (10/16/24) – Chevron Ruling’s Impact on Construction Industry, New Kind of Public Housing and Policy Recommendations from Sustainable Building Groups

    November 11, 2024 —
    In our latest roundup, Hurricane Helene affects infrastructure, California Gov. Gavin Newsom signs bills aimed at renter protections, Federal Reserve kick-off rate-easing cycle, and more!
    • Hurricane Helene illustrates how communities and infrastructure across the U.S. are unprepared for the extreme weather driven by climate change. (Julie Strupp, Construction Dive)
    • The Supreme Court’s June Chevron ruling will likely have a seismic impact on laws that pertain to the construction industry. (Julie Strupp, Construction Dive)
    • California Gov. Gavin Newsom signed three bills changing renter protection practices in the state last month including new requirements for security deposit deductions and restrictions on certain fees. (Mary Salmonsen, Multifamily Dive)
    Read the full story...
    Reprinted courtesy of Pillsbury's Construction & Real Estate Law Team

    ¡AI Caramba!

    January 07, 2025 —
    You can’t make this up. That’s what a federal judge in Texas told an attorney whom it was sanctioning for impermissible reliance on artificial intelligence in preparing a brief to the court. “Pending before the court is the question of whether Plaintiff's counsel… should be sanctioned for submitting a response brief to the court that includes case cites generated by artificial intelligence that refer to nonexistent cases as well as to nonexistent quotations.” Counsel for the defendant in the case – pursuing summary judgment for a tire manufacturer in a wrongful termination lawsuit – pointed up in a reply brief that the opposition brief of the plaintiff cited two purported – and as it turned out, nonexistent – unpublished decisions: Roca v. King's Creek Plantation, LLC, 500 F. App'x 273, 276 (5th Cir. 2012) and Beets v. Texas Instruments, Inc., No. 94-10034, 1994 WL 714026, at *3 (5th Cir. Dec. 16, 1994), and quotations from as many as six other apparently-existing cases but which were unable to be found within the reported decisions. Read the full story...
    Reprinted courtesy of Daniel Lund III, Phelps
    Mr. Lund may be contacted at daniel.lund@phelps.com

    Florida Legislative Change Extends Completed Operations Tail for Condominium Projects

    December 10, 2024 —
    The Florida Legislature recently passed House Bill 1021 which amended Florida Statute § 718.124. The July 1, 2024 amendment changes Florida’s statute of repose (“SOR”) trigger date for condominium projects. Now, the SOR trigger for existing condominium projects will be governed by Florida Statute §718.124, not Florida Statute § 95.11. Most critically, Florida Statute § 718.124 changes the trigger events for when the “clock” starts running and impacts how long the SOR runs. Notably, Florida Statute § 718.124 already governed the trigger event for the statute of limitations (“SOR”) for condominium projects. One important overarching takeaway for contractors to carefully assess is that the change in the “trigger” event may result in the SOR concluding at a later date than originally planned – affecting time on the risk and, critically, the availability of insurance. The standard approach of using a static 10-year completed operations tail on a condominium construction insurance program may now be insufficient in certain circumstances. Read the full story...
    Reprinted courtesy of Holly A. Rice, Saxe Doernberger & Vita, P.C.
    Ms. Rice may be contacted at HRice@sdvlaw.com

    Employees in Construction Industry Entitled to Compensation for Time Spent Complying with Employer-Mandated Security Protocols

    August 19, 2024 —
    Wage and hour laws dictating how employers must compensate their employees for time worked can, given the innumerable ways that employees perform their jobs, raise a number of questions. The next case, Huerta v. CSI Electrical Contractors, 15 Cal.5th 908 (2024) – which I won’t spend a lot of time discussing since I think it applies in somewhat limited situations – addresses whether employees are entitled to be paid while waiting to enter and exit worksites and for meal periods when they are not allowed to exit a worksite. The Huerta Case The 9th Circuit Court of Appeals requested that the California Supreme Court address three questions related to whether employees should be compensated under California wage and hour laws for time spent waiting to enter and exit worksites and for meal periods when they are not allowed to exit a worksite:
    1. Whether employees should be paid for time spent waiting in a personal vehicle to be scanned in and out of a worksite;
    2. Whether employees should be paid for time spent traveling in a personal vehicle from a security gate to employee parking lots; and
    3. Whether employees should be paid during meal periods if they are not permitted to leave a worksite.
    Read the full story...
    Reprinted courtesy of Garret Murai, Nomos LLP
    Mr. Murai may be contacted at gmurai@nomosllp.com