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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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    Association Directory
    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

    Anaheim California Building Consultant 10/ 10

    Building Industry Association Southern California - LA/Ventura Chapter
    Local # 0532
    28460 Ave Stanford Ste 240
    Santa Clarita, CA 91355
    Anaheim California Building Consultant 10/ 10

    Building Industry Association Southern California - Building Industry Association of S Ca Antelope Valley
    Local # 0532
    44404 16th St W Suite 107
    Lancaster, CA 93535
    Anaheim California Building Consultant 10/ 10


    Building Consultant News and Information
    For Anaheim California


    Insured's Complaint Against Flood Insurer Survives Motion to Dismiss

    Narberth Mayor Urges Dubious Legal Action

    Mississippi exclusions j(5) and j(6) “that particular part”

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

    Dust Infiltration Due to Construction Defect Excluded from Policy

    Seattle Developer Defaults on Renovated Office Buildings

    Chambers USA Names Peckar & Abramson to Band 1 Level in Construction Law; 29 P&A Lawyers Recognized as Leading Attorneys; Six Regions and Government Contracts Practice Recognized

    Coverage Denied for Insured's Defective Product

    U.K. Construction Resumes Growth Amid Resurgent Housing Activity

    Boston Team Obtains Complete Defense Verdict for Engineering Firm in Professional Liability Matter

    Out of the Black

    The Hidden Dangers of Construction Defect Litigation: A Redux

    Living Not So Large: The sprawl of television shows about very small houses

    OSHA’s Multi-Employer Citation Policy: What Employers on Construction Sites Need to Know

    Contractors’ Right to Sue in Washington Requires Registration

    A New Hope - You Now May Have Coverage for Punitive Damages in Connecticut

    WSHB Ranked 4th Most Diverse Law Firm in U.S.

    William Doerler Recognized by JD Supra 2022 Readers’ Choice Awards

    SDNY Vacates Arbitration Award for Party-Arbitrator’s Nondisclosures

    UK's Biggest Construction Show Bans 'Promo Girls'

    City Council Authorizes Settlement of Basement Flooding Cases

    Texas Plans a Texas-Sized Response to Rising Seas

    Is it the End of the Story for Redevelopment in California?

    BHA’s Next MCLE Seminar in San Diego on July 25th

    Insurer Could Not Rely on Extrinsic Evidence to Circumvent Its Duty to Defend

    LEEDigation: A Different Take

    California MCLE Seminar at BHA Sacramento July 11th

    How Contractors Can Prevent Fraud in Their Workforce

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

    Edgewater Plans to Sue Over Pollution During Veterans Field Rehab

    Texas Supreme Court Authorizes Exception to the "Eight-Corners" Rule

    Defending Against the Res Ipsa Loquitur Doctrine – Liability Considerations

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    California Court of Appeals Says, “We Like Eich(leay)!”

    Collapse Claim Dismissed

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

    The Flood Insurance Reform Act May be Extended to 2016

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    Fifth Circuit Confirms: Insurer Must Defend Despite Your Work/Your Product Exclusion

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    10 Haight Lawyers Recognized in Best Lawyers in America© 2023 and The Best Lawyers: Ones to Watch 2023

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    Insurer's Summary Judgment Motion to Reject Claim for Construction Defects Upheld

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    Corporate Profile

    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

    Traub Lieberman Attorneys Recognized as 2024 “Top Lawyers” in New York by Hudson Valley Magazine

    July 15, 2024 —
    Traub Lieberman is pleased to announce four New York partners have been included in the 2024 edition of the Hudson Valley Magazine "Top Lawyers in the Hudson Valley in 2024.” This annual guide recognizes over 260 of the region's leading attorneys. Lisa Shrewsberry, Hillary Raimondi and Jonathan Harwood are noted for their professional skills in the category of Professional Malpractice Non-Medical Defense and Copernicus “Cope” Gaza in the Insurance category. Insurance:
    • Copernicus T. Gaza
    Professional Malpractice Non Medical Defense:
    • Jonathan R. Harwood
    • Hillary J. Raimondi
    • Lisa L. Shrewsberry
    Read the full story...
    Reprinted courtesy of Traub Lieberman

    Courthouse Reporter Series: Louisiana Supreme Court Holds Architect Has No Duty to Safeguard Third Parties Against Injury, Regardless of Knowledge of Dangerous Conditions on the Project

    July 31, 2024 —
    In Bonilla v. Verges Rome Architects, 2023-00928 (La. 3/22/24); 382 So.3d 62, the Louisiana Supreme Court held because the terms of the agreement between the architect and the public owner did not give the architect responsibility for the means and methods of construction or for safety on the project, the architect did not have a duty to safeguard third parties against injury, regardless of whether the architect may have had knowledge of dangerous conditions on the project. In Bonilla, the City of New Orleans entered into a contract for the renovation of a building owned by the city. The city also entered into an agreement with Verges Rome Architects (“VRA”) to serve as the project architect. The general contractor on the project subcontracted the demolition work to Meza Services, Inc. (“Meza”). An employee of Meza was injured while attempting to demolish a “vault” on the project. The vault was a ten-foot by ten-foot cinderblock room with a nine-foot-high concrete slab ceiling located on the second floor of the building. The walls of the vault had been partially demolished when one of the employees of Meza was directed by his supervisor to stand on the ceiling of the vault with a jackhammer to continue the demolition. Shortly after beginning the task, the vault structure collapsed and caused the employee to suffer significant injury. Read the full story...
    Reprinted courtesy of Stu Richeson, Phelps
    Mr. Richeson may be contacted at stuart.richeson@phelps.com

    Resilience: Transforming the Energy Sector – Navigating Land Issues in Solar and Storage Projects | Episode 3 (11.14.24)

    December 17, 2024 —
    In the latest episode of the Resilience podcast, colleague Shellka Arora-Cox and Laura Pagliarulo, CEO and founder of SolaREIT, get down to the nitty-gritty in a discussion of the interplay of solar power capacity, generation and land use. (Editor’s note: The following transcript has been edited for clarity.) Welcome to Resilience, the vodcast where we talk about the most pressing challenges and the biggest opportunities in the energy sector. I’m your host, Shellka Arora-Cox, a partner at Pillsbury Winthrop Shaw Pittman. I’m thrilled to have Laura Pagliarulo, the CEO and founder of SolaREIT, with me today. Read the full story...
    Reprinted courtesy of Pillsbury's Construction & Real Estate Law Team

    NCDOT Aims to Reopen Helene-damaged Interstate 40 by New Year's Day

    December 10, 2024 —
    Interstate 40, closed in late September when flooding from Hurricane Helene caused multiple landslides and washouts in the Pigeon River Gorge between North Carolina and Tennessee, is expected to partially reopen on New Year’s Day 2025, more than three months after the storm. Long-term reconstruction plans are still in early development. Read the full story...
    Reprinted courtesy of Derek Lacey, ENR
    Mr. Lacey may be contacted at laceyd@enr.com

    Contractual Fee-Shifting in Litigation: Who Pays the Price?

    December 31, 2024 —
    When disputes on a construction project escalate to litigation, general contractors may find themselves entangled in a costly and time-consuming legal battle. One important concept to understand is contractual fee-shifting under a “prevailing party” provision, which can significantly impact damages recovered in litigation. The general rule, known as the “American Rule,” requires each party to pay its own legal costs, including attorney’s fees, expert witness expenses, and other court-related costs. This differs from other legal systems where the losing party typically pays the winning party’s fees. One exception to the American Rule is contractual fee-shifting, specifically through “prevailing party” provisions, which allows for the award of attorney’s fees and costs when explicitly provided for in a contract. This article explores this exception to the American Rule, delves into the challenges posed by prevailing party provisions, and shares tips to consider for drafting these clauses to improve clarity and minimize uncertainty in the face of litigation. Read the full story...
    Reprinted courtesy of Caitlin Kicklighter, Jones Walker LLP
    Ms. Kicklighter may be contacted at ckicklighter@joneswalker.com

    New ConsensusDocs 242 Design Professional Change Order Form Helps Facilitate Compensation for Changes in Design Services

    November 05, 2024 —
    ConsensusDocs is publishing a new ConsensusDocs 242 Change in Services and Compensation, a change order for design services by a design professional. In the design and construction industry, one thing is certain – change. The work scope included in basic design services an architect or engineer provides occurs somewhat regularly. Previously, ConsensusDocs did not have a standard contract document for changing design professionals’ prices. As a result of user feedback, the ConsensusDocs Contract Content Advisory Council (CCAC) drafted this new architect/engineer change order. The CCAC unanimously approved the new contract document and publication is set for October 14, 2024. The document will be available for most ConsensusDocs subscribers. The full, owner, design-professional, and short-form subscription packages will include the document. A subscription package can be purchased through ConsensusDocs here. The design professional change order helps owners of construction projects keep track of additional services their design professionals perform. The design professional must provide itemized labor breakdowns for each invoice. The new ConsensusDocs 242 has options for compensation to be actual hours at the billing rate or a lump sum. The new contract document form also has a table for the remaining project deliverables and their respective due dates. Read the full story...
    Reprinted courtesy of Brian Perlberg, ConsensusDocs Coalition
    Mr. Perlberg may be contacted at bperlberg@ConsensusDocs.org

    ABC Announces Disaster Relief Efforts and Resources Following Hurricane Milton

    October 15, 2024 —
    HURRICANE RELIEF Florida, Georgia, South Carolina, North Carolina, Virginia and Tennessee were hit with Hurricane Helene, and now Florida is facing additional damage from Hurricane Milton, which is expected to make landfall on Wednesday, Oct. 9. Damages from Helene have already been catastrophic, and our hearts and prayers go out to all currently affected and those who may be in the path of Milton. Florida Gov. DeSantis has declared a state of emergency for 51 counties ahead of this impending storm. Donate to the ABC Cares Foundation via the online portal. The ABC Florida East Coast chapter and the ABC Cares Foundation Inc. are committed to assisting communities impacted by Hurricanes Helene and Milton. 100% of donations made to the ABC Cares Foundation—an IRS 501(c)(3)—for this purpose will be restricted, directly supporting regional needs, and are 100% tax deductible. Donate to the American Red Cross through ABC’s donation portal. Your Red Cross disaster relief gift will help people whose lives have been upended by wildfires, storms, floods and countless other crises. This custom website tracks donations by the ABC community and can be dedicated to a friend or loved one. Donate Reprinted courtesy of ABC, Construction Executive, a publication of Associated Builders and Contractors. All rights reserved. Read the full story...

    A New Study on Implementing Digital Visual Management

    July 31, 2024 —
    A new paper, “Implementing Digital Visual Management: A Case Study on Challenges and Barriers,” discusses situational management in complex infrastructure projects. It’s worth reading for anyone interested in improving project management with digital tools. A complex infrastructure project The authors interviewed nine project management professionals who worked for the client on constructing the western part of the Metro in Helsinki and Espoo, Finland. The project lasted eight years and had a budget of 1,200 million euros. The project used a Digital Visual Management (DVM) tool, and the paper discusses the challenges and barriers faced during the tool’s implementation. At the time of the study, the system was used to manage the final documentation and testing status. KPI management The project management team was involved in developing a system for combining collected data into a central dashboard and using it to manage the whole project. Read the full story...
    Reprinted courtesy of Aarni Heiskanen, AEC Business
    Mr. Heiskanen may be contacted at aec-business@aepartners.fi