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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

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    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
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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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    ANAHEIM CALIFORNIA BUILDING CONSULTANT
    DIRECTORY AND CAPABILITIES

    The Anaheim, California Building Consultant Group at BHA, leverages from the experience gained through more than 7,000 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 Anaheim'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
    Anaheim, California

    Congratulations to Las Vegas Partner Jeffrey W. Saab and Associate Shanna B. Carter on Obtaining Another Defense Award at Arbitration!

    January 14, 2025 —
    The case arose from an incident at Plaintiff’s residence where she alleged that a failure to properly diagnose an issue with her HVAC unit led to its destruction, displacement from her home, and damage to her roof and kitchen, resulting in a diminution of value to her house. Jeff and Shanna represented the HVAC contractor, who denied any wrongdoing during the two-day arbitration at which a total of six witnesses were examined. Jeff and Shanna utilized Plaintiff’s own experts’ testimony to successfully challenge liability and bring forth a motion for spoliation, resulting in a complete defense award for Jeff and Shanna’s client, which included an award of costs. Read the full story...
    Reprinted courtesy of Dolores Montoya, Bremer Whyte Brown & O'Meara LLP

    In Phoenix, Crews Thread Needle With $730M Broadway Curve Revamp

    July 31, 2024 —
    Motorists scrambling to dart across three lanes of traffic when merging onto the freeway. Vehicles slowing to a crawl due to extremely curved exit ramps. Commuters enduring agonizing backups as three freeways converge in a tight footprint. Bicyclists and pedestrians sweating through long detours to traverse freeways. Reprinted courtesy of Scott Blair, Engineering News-Record Mr. Blair may be contacted at blairs@enr.com Read the full story...

    LA Wildfires Push California Insurance Market to Its Limit

    January 14, 2025 —
    If you live in California, you’re always bracing for the Big One. This week it arrived in the form of uncontrollable flames. Liability experts equipped with climate models had been uneasily eyeing such a scenario, realizing in recent years that wildfire now had similar system-crashing potential as a major earthquake to upend lives and destabilize California’s $10 trillion residential property market. A group convened to examine worst-case scenarios determined that three specific areas in the state were particularly vulnerable and capable of causing far-reaching fallout. One was Pacific Palisades, the Los Angeles neighborhood reduced to ashes this week by one of at least five fires burning across the city. Reprinted courtesy of Leslie Kaufman, Bloomberg, Lauren Rosenthal, Bloomberg, Michelle Ma, Bloomberg and Alexandre Rajbhandari, Bloomberg Read the full story...

    Report Highlights Trends in Construction Tech, Digitization, and AI

    November 11, 2024 —
    Bluebeam, a top technology provider for AEC professionals, has just released its “Building the Future: Bluebeam AEC Technology Outlook 2025” report. This report highlights key global trends in construction technology, including the role of AI and digital tools. Based on insights from over 400 AEC technology leaders, the report also uncovers challenges that prevent full-scale adoption of these tools. The online research surveyed technology decision-makers (managers or above) within AEC firms in the US, UK, Canada, France, Spain, Germany, Australia, and New Zealand in July 2024. AI’s Growing Role in Construction According to the report, 74% of surveyed AEC professionals are now using AI in one or more phases of building projects. AI is especially popular in the design (48%) and planning (42%) stages. Many AEC firms recognize its value: over half (55%) of companies using AI say it’s crucial, and most now allocate up to 25% of their budgets to AI initiatives. Despite this support, concerns over AI regulation are significant. About 54% of respondents are worried about regulations, and 44% say this impacts their use of AI. Read the full story...
    Reprinted courtesy of Aarni Heiskanen, AEC Business
    Mr. Heiskanen may be contacted at aec-business@aepartners.fi

    Takeaways From Schedule-Based Dispute Between General Contractor and Subcontractor

    September 09, 2024 —
    A recent opinion out of the Southern District of Florida, Berkley Insurance Co. v. Suffolk Construction Co., Case 1:19-cv-23059-KMW (S.D.Fla. July 22, 2024), provides valuable takeaways on schedule-based disputes between a general contractor and subcontractor on a high-rise project. In a nutshell, the general contractor’s original project schedule was abandoned due to project delays and the project wasn’t being built by any updated project schedule. The subcontractor claimed the general contractor was mismanaging the schedule putting unreasonable manpower and supervision constraints on it, i.e., it was working inefficiently. A bench trial was conducted and the Court found in favor of the subcontractor’s arguments. The Court found the general contractor had unrelated delays and that work activities were no longer methodical but, simply, piecemeal demands. The Court also rejected any inadequate manpower arguments finding the subcontract did not place any manpower requirements on the subcontractor. Read the full story...
    Reprinted courtesy of David Adelstein, Kirwin Norris, P.A.
    Mr. Adelstein may be contacted at dma@kirwinnorris.com

    Designer of World’s Tallest Building Wants to Turn Skyscrapers Into Batteries

    July 31, 2024 —
    The architecture firm that designed the world’s tallest building is considering ways to build skyscrapers that can store energy using gravity. Skidmore, Owings & Merrill LLP has developed a series of prototype designs that use electric motors to elevate massive blocks, creating potential energy that can be converted into electricity when the blocks are lowered. The designs are based on technology developed by partner Energy Vault Holdings Inc. as an alternative to lithium-ion batteries and other types of chemical cells. They are seeking developer partners interested in offsetting greenhouse gas pollution from buildings, which the United Nations estimates are responsible for almost 40% of global emissions. The concept is similar to widely used pumped hydroelectric plants. Energy Vault completed its first major project this month near Shanghai, a stand-alone storage system that can supply as much as 25 megawatts of power for four hours. Other companies are testing new types of gravity storage systems, including ones using abandoned oil wells and mines. Read the full story...
    Reprinted courtesy of Will Wade, Bloomberg

    Real Estate & Construction News Roundup (9/4/24) – DOJ Sues RealPage, Housing Sales Increase and U.S. Can’t Build Homes Fast Enough

    October 07, 2024 —
    In our latest roundup, environmental regulations tighten for commercial properties, Wells Fargo sells most of its commercial mortgage services business, first-time home buyers struggle with housing affordability, and more!
    • The U.S. Department of Justice announced that it is suing the real estate company RealPage, saying it engaged in a price-fixing scheme to drive up rents. (Jennifer Ludden, NPR)
    • As environmental regulations for commercial buildings and properties tighten across the U.S., green leases and technologies offer owners and operators opportunities to reduce their portfolios’ carbon footprints, generate cost savings and further align with ESG goals. (Nish Amarnath, Construction Dive)
    • Wells Fargo & Co. agreed to sell most of its commercial mortgage servicing business to Trimont LLC, ceding the title of biggest US commercial and multifamily mortgage servicer to the Atlanta-based firm. (Hannah Levitt and Scott Carpenter, Yahoo)
    Read the full story...
    Reprinted courtesy of Pillsbury's Construction & Real Estate Law Team

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    Reminder: In Court (as in life) the Worst Thing You Can Do Is Not Show Up

    GAO Sustains Unsupported Past Performance Evaluation and Unequal Discussion Bid Protest

    Weyerhaeuser Leaving Home Building Business

    Parties Can Agree to Anything In A Settlement Agreement………Or Can They?

    Construction Defect Bill a Long Shot in Nevada

    Release Language Extended To Successor Entity But Only Covered “Known” Claims

    Traub Lieberman Attorneys Recognized in the 2023 Edition of The Best Lawyers in America®

    Legal Disputes Soar as Poor Information Management Impacts the AEC Industry

    Cincinnati Team Secures Summary Judgment for Paving Company in Trip-and-Fall Case

    Not Everything is a Pollutant: A Summary of Recent Cases Supporting a Common Sense and Narrow Interpretation of the CGL's Pollution Exclusion

    San Francisco Sues Over Sinking Millennium Tower

    What Cal/OSHA’s “Permanent” COVID Standards Mean for Employers

    UK Agency Seeks Stricter Punishments for Illegal Wastewater Discharges

    Seven Former North San Diego County Landfills are Leaking Contaminants

    Heads I Win, Tails You Lose. Court Finds Indemnity Provision Went Too Far

    Alexis Crump Receives 2020 Lawyer Monthly Women in Law Award

    The Importance of the Subcontractor Exception to the “Your Work” Exclusion

    How the Election Could Affect the Housing Industry: Steven Cvitanovic Authors Construction Today Article

    Construction Contractors Must Understand Retainage In 2021

    TV Kitchen Remodelers Sued for Shoddy Work

    Los Angeles Tower Halted Over Earthquake and other Concerns

    CGL, Builders Risk Coverage and Exclusions When Construction Defects Cause Property Damage

    Iconic Seattle Center Arena Roof the Only Piece to Stay in $900-Million Rebuild

    Pollution Exclusion Bars Coverage for Damage Caused by Tar Escaping From Roof

    Complying With Data Breach Regulations in the Construction Industry

    Deterioration Known To Insured Forecloses Collapse Coverage

    AAA Revises Construction Industry Arbitration Rules and Mediation Procedures

    Negligent Failure to Respond to Settlement Offer Is Not Bad Faith

    Major Changes in Commercial Construction Since 2009

    Cutting the Salt Out: Tips for Avoiding Union Salting Charges

    New York Assembly Reconsiders ‘Bad Faith’ Bill

    Construction Insurance Rates Up in the United States

    “License and Registration, Please.” The Big Risk of Getting Busted for Working without a Proper Contractor’s License

    Texas Plans a Texas-Sized Response to Rising Seas

    Read Carefully. The Insurance Coverage You Thought You Were Getting May Not Be The Coverage You Got

    United States Supreme Court Upholds Class Action Waivers in Arbitration Agreements

    California MCLE Seminar at BHA Sacramento July 11th

    Three Construction Workers Injured at Former GM Plant

    John Paulson’s $1 Billion Caribbean Empire Faces Betrayal

    Floating Crane on Job in NYC's East River Has a Storied Past of Cold War Intrigue

    Precedent-Setting ‘Green’ Apartments in Kansas City

    Woman Files Suit for Property Damages

    Construction Defects #10 On DBJ’s Top News Stories of 2015

    Supreme Court of New York Denies Motion in all but One Cause of Action in Kikirov v. 355 Realty Assoc., et al.

    Million-Dollar U.S. Housing Loans Surge to Record Level

    Flag on the Play! Expired Contractor’s License!

    Assignment of Construction Defect Claims Not Covered

    Colorado Construction-Defects Reform Law Attempt Expected in 2015

    California Subcontractor Gets a Kick in the Rear (or Perhaps the Front) for Prematurely Recorded Mechanics Lien

    NY Supreme Court Rules City Not Liable for Defective Sidewalk
    Manhattan Supremacy

    CDJ’s #10 Topic of the Year: Transport Insurance Company v. Superior Court (2014) 222 Cal.App.4th 1216.

    Real Estate & Construction News Roundup (3/20/24) – Construction Backlog Falls, National Association of Realtors Settle Litigation, and Commercial Real Estate Market’s Effect on City Cuts

    All Aboard! COVID-19 Securities Suit Sets Sail, Implicates D&O Insurance

    Managing Infrastructure Projects with Infrakit – Interview with Teemu Kivimäki

    Axa Buys London Pinnacle Site for Redesigned Skyscraper

    Eleven Newmeyer Dillion Attorneys Named to 2023 U.S. News Best Lawyers in Multiple Practice Areas

    The Practical Distinction Between Anticipatory Breach and Repudiation and How to Deal with Both on Construction Projects

    Texas Federal Court Delivers Another Big Win for Policyholders on CGL Coverage for Construction-Defect Claims and “Rip-and-Tear” Damages

    No Trial Credit in NJ Appellate Decision for Non-Settling Successive Tortfeasors – Must Demonstrate Proof of Initial Tortfeasor Negligence and Proximate Cause

    Congress Addresses Homebuilding Credit Crunch

    The Importance of a Notice of Completion to Contractors, Subcontractors and Suppliers