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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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    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


    Measure Of Damages for Breach of Construction Contract

    CA Supreme Court Finds “Consent-to-Assignment” Clauses Unenforceable After Loss Occurs During the Policy Period

    San Diego’s NFL Stadium Dream Counts on Munis for Chargers’ Home

    Doctrine of Avoidable Consequences as Affirmative Defense

    Terms of Your Teaming Agreement Matter

    New LG Headquarters Project Challenged because of Height

    Wilke Fleury Attorneys Featured in 2022 Northern California Super Lawyers and Rising Stars Lists

    Colorado’s Need for Condos May Spark Construction Defect Law Reform

    Four Key Steps for a Successful Construction Audit Process

    Illinois Supreme Court Limits Reach of Implied Warranty Claims Against Contractors

    Construction Defect Coverage Summary 2013: The Business Risks Shift To Insurers

    Ohio Condo Owners Sue Builder, Alleging Construction Defects

    BWB&O’s Los Angeles Office Obtains Major Victory in Arbitration!

    Why Construction Law- An Update

    How Technology Reduces the Risk of Façade Defects

    Tennessee Court of Appeals Holds Defendant Has the Burden of Offering Alternative Measure of Damages to Prove that Plaintiff’s Measure of Damages is Unreasonable

    Glendale City Council Approves Tohono O’odham Nation Casino

    One Colorado Court Allows Negligence Claim by General Contractor Against Subcontractor

    With Wildfires at a Peak, “Firetech” Is Joining Smart City Lineups

    California Supreme Court Rules Developers can be Required to Include Affordable Housing

    The Rise of Modular Construction – Impacts for Consideration

    Ninth Circuit Finds No Coverage for Construction Defects Under California Law

    Montana Court Finds Duty to Defend over Construction Defect Allegation

    Construction Defect Coverage Barred Under Business Risk Exclusion in Colorado

    The Irresistible Urge to Build Cities From Scratch

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    Ten-Year Statute Of Repose To Sue For Latent Construction Defects

    Firm Pays $8.4M to Settle Hurricane Restoration Contract Case

    HB 20-1046 - Private Retainage Reform - Postponed Indefinitely

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    Construction Contractor “Mean Tweets” Edition

    Perez Broke Records … But Should He Have Settled Earlier?

    Privity Problems Continue for Additional Insureds in the Second Circuit

    New Case Law Update: Mountain Valleys, Chevron Deference and a Long-Awaited Resolution on the Sacketts’ Small Lot

    KF-103 v. American Family Mutual Insurance: An Exception to the Four Corners Rule

    West Virginia Couple Claim Defects in Manufactured Home

    Claim for Punitive Damages Based on Insurers' Alleged Bad Faith Business Practices Fails

    Wisconsin Court Applies the Economic Loss Doctrine to Bar Negligence Claims for Purely Economic Losses

    White House’s New Draft Guidance Limiting NEPA Review of Greenhouse Gas Impacts Is Not So New or Limiting

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    Corporate Profile

    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

    Cross-Office Team Secures Defense Verdict in Favor of Client in Asbestos Case

    November 18, 2024 —
    St. Louis/Kansas City, Mo. (October 23, 2024) - St. Louis Partners Tracy J. Cowan and Karen M. Volkman, along with Kansas City Partner Vincent Gunter, secured a defense verdict in a Jackson County, Missouri matter on behalf of a Lewis Brisbois client, which was the successor-in-interest to a life, health and reinsurance firm, against claims brought by an individual who worked in the corporate headquarters and was diagnosed with mesothelioma. Background The plaintiff was 62 years old when she was diagnosed with mesothelioma. She worked as a clerk for several years in the 1970s in a 19-story office building that opened in 1963. The plaintiff claimed construction work being performed in the areas where she worked exposed her to asbestos from above the suspended ceiling. The beams and girders in the building were fireproofed with sprayed-on insulation. Although the plaintiff did not perform any maintenance work, she relied on evidence from several operating engineers who worked above the ceiling near the fireproofing to establish the presence of asbestos in the building. The plaintiff submitted claims for negligence and unsafe workplace. At the beginning of trial, the LBBS client had a pending motion for summary judgment on the grounds that the plaintiff’s exclusive remedy was governed by the Missouri Workers’ Compensation Law. The Court denied a motion to continue the trial and submitted the workers’ compensation issue as an affirmative defense. Read the full story...
    Reprinted courtesy of Lewis Brisbois

    Handling Insurance Claims in the Wake of the Los Angeles Wildfires

    January 28, 2025 —
    Los Angeles continues to be devastated by wildfires, and our thoughts are with those who have been affected. Tragically, lives have been lost. Homeowners and businesses ordered to evacuate have left behind properties that suffered enormous property damage and loss. At this time, more than 15,000 structures have been burned and counting. Landmarks, places of worship, schools and notable business are among the structures that have been damaged or destroyed. Recent estimates have pegged insured losses in the $20 billion to $30 billion range with some estimates coming in even higher. Safety is the number one priority. At some point, though, the focus will shift as the fires seize and those affected rebuild and replace their property. There has already been much talk of insurance availability and maximizing insurance recoveries will be a key component of the recovery process. For those who will go through the insurance claims process, we have prepared critical action items to help policyholders navigate the claim process. We also invite you to visit our Wildfire Insurance Resource Center for additional helpful resources and materials, including a seven-part wildfire insurance coverage series that includes an overview on handling the claims process. Reprinted courtesy of Yosef Itkin, Hunton Andrews Kurth LLP and Michael S. Levine, Hunton Andrews Kurth LLP Mr. Itkin may be contacted at yitkin@HuntonAK.com Mr. Levine may be contacted at mlevine@HuntonAK.com Read the full story...

    After the Fire, Should Some Parts of Los Angeles Never Rebuild?

    January 28, 2025 —
    The fires in and around Los Angeles are coming under control. The city’s mayor has already issued an executive order to speed up rebuilding. But equally catastrophic blazes are likely to strike again on a hotter planet, raising the question of whether some parts of the region should still be considered livable. It’s not an unthinkable notion. There have been a handful of attempts at systematically moving populations away from regions severely affected by climate change. This kind of “managed retreat” has typically been applied to risks from rising sea levels, with recent programs in the US involving relocating tribal populations in Alaska and Washington. But people affected by wildfires are only just starting to see efforts from governments to help them to move away from high-risk areas, including in LA county. A California program launched last year that offered up to $350,000 in loans to those affected by fires in 2018 and 2020 to shift to safer places fully allocated its funds within weeks. Read the full story...
    Reprinted courtesy of Akshat Rathi, Bloomberg

    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

    Three Kahana Feld Attorneys Recognized in The Best Lawyers in America® 2025

    September 23, 2024 —
    NEW YORK – Sep. 4, 2025 – Kahana Feld is pleased to announce that Eric Bernhardt and Kraig Kilger were included in the 2025 edition of The Best Lawyers in America® and Alice A. Trueman was included in Best Lawyers: Ones to Watch® in America. Eric Bernhardt was awarded for his work in Litigation – Insurance. Bernhardt is a partner in the firm’s Buffalo, NY office, admitted in New York and California, and a member of Kahana Feld’s national appellate practice group. His practice encompasses multiple types of litigation including the defense of New York Labor Law, construction, product liability, trucking, professional and medical malpractice, automobile accident, and general negligence cases. Kraig Kilger was recognized in the areas of Bankruptcy and Creditor Debtor Rights/Insolvency and Reorganization Law, Litigation – Real Estate, and Real Estate Law. Kilger is a partner in Kahana Feld’s Irvine, CA office. His experience spans all phases of residential and commercial real estate development, including acquisitions, financing, planning, entitlement, development, construction, leasing, and sales. Alice Trueman was recognized by Best Lawyers: Ones to Watch in the field of Personal Injury Litigation – Defendants. She is a litigation attorney in the firm’s Buffalo, NY office who focuses her practice on general liability defense and insurance defense. Ones to Watch recipients typically have been in practice for 5-9 years and are selected for their outstanding professional excellence in private practice. Read the full story...
    Reprinted courtesy of Linda Carter, Kahana Feld
    Ms. Carter may be contacted at lcarter@kahanafeld.com

    Real Case, Real Lessons: Understanding Builders’ Risk Insurance Limits

    August 12, 2024 —
    In the recent case of 5333 Mattress King LLC v. Hanover Insurance Company, the United States District Court for the District of Colorado provided significant insights into the limits of builders’ risk insurance policies. Mattress King LLC, a warehouse owner, faced a substantial loss when a subcontractor drove a crane over and damaged the warehouse’s concrete floor slab during construction. Despite having a builders’ risk insurance policy with Hanover Insurance Company, coverage was denied, leading to litigation. Applicable Policy Provisions The policy in question was a Commercial Marine/Commercial Lines Builders’ Risk insurance policy. Builders’ risk insurance is designed to cover direct physical loss to covered property during construction unless the loss is excluded or limited by the policy. Key exclusions of the policy at issue included losses caused by faulty, inadequate, or defective:
    • Planning, zoning, surveying, or development
    • Design, specifications, workmanship, repair, construction, renovation, remodeling, grading, or compaction
    • Materials used in construction or renovation
    • Maintenance of the covered property
    Read the full story...
    Reprinted courtesy of David McLain, Higgins, Hopkins, McLain & Roswell, LLC
    Mr. McLain may be contacted at mclain@hhmrlaw.com

    Assessments Underway After Hurricane Milton Rips Off Stadium Roof, Snaps Crane Boom in Florida

    November 05, 2024 —
    Hurricane Milton and tornados it spurred killed at least five people and knocked out power to 4 million homes and businesses in Florida after making landfall Oct. 9 near Siesta Key in Sarasota County. With assessments and rescues still underway, state officials say the damage was not as bad as it could have been. Reprinted courtesy of James Leggate, Engineering News-Record Mr. Leggate may be contacted at leggatej@enr.com Read the full story...

    Avoiding Wage Claims in California Construction

    November 25, 2024 —
    For both private works projects and state and local public works projects in California, higher-tiered contractors can find themselves opening up their wallets if their lower-tiered subcontractors fail to pay their workers. And if you think this is just another one of those crazy California things, think again. Higher-tiered parties on federal public works projects can also be asked to open up their wallets if their lower-tiered subcontractors stiff their workers. While we’re coming upon the season of giving, here’s a Scrooge-like guide on things you can do to avoid finding yourselves on the hook for your lower-tiered subcontractor’s even more Scrooge-like failure to pay their workers. Read the full story...
    Reprinted courtesy of Garret Murai, Nomos LLP
    Mr. Murai may be contacted at gmurai@nomosllp.com