BERT HOWE
  • Nationwide: (800) 482-1822    
    townhome construction Building Consultant Anaheim California housing Building Consultant Anaheim California low-income housing Building Consultant Anaheim California parking structure Building Consultant Anaheim California retail construction Building Consultant Anaheim California condominiums Building Consultant Anaheim California structural steel construction Building Consultant Anaheim California industrial building Building Consultant Anaheim California multi family housing Building Consultant Anaheim California concrete tilt-up Building Consultant Anaheim California institutional building Building Consultant Anaheim California production housing Building Consultant Anaheim California high-rise construction Building Consultant Anaheim California custom home Building Consultant Anaheim California tract home Building Consultant Anaheim California office building Building Consultant Anaheim California condominium Building Consultant Anaheim California mid-rise construction Building Consultant Anaheim California custom homes Building Consultant Anaheim California landscaping construction Building Consultant Anaheim California hospital construction Building Consultant Anaheim California casino resort Building Consultant Anaheim California
    Anaheim California architectural expert witnessAnaheim California construction expert witnessesAnaheim California construction defect expert witnessAnaheim California expert witness structural engineerAnaheim California architectural engineering expert witnessAnaheim California expert witness windowsAnaheim California construction project management expert witnesses
    Arrange No Cost Consultation
    Building Consultant Builders Information
    Anaheim, 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 Anaheim California

    Commercial and Residential Contractors License Required.


    Building Consultant Contractors Building Industry
    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

    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

    EEOC Focuses on Eliminating Harassment, Recruitment and Hiring Barriers in the Construction Industry

    September 09, 2024 —
    The Equal Employment Opportunity Commission (EEOC), whose mission is to enforce the nation’s anti-discrimination laws, released new guidelines on June 18, 2024, entitled Promising Practices for Preventing Harassment in the Construction Industry. The guidelines are in support of its Strategic Enforcement Plan for the fiscal years 2024-2028 for combatting systemic harassment and eliminating barriers in recruitment and hiring in the construction industry. With these guidelines, the EEOC has identified harassment as an ongoing issue in the construction industry, and that immediate attention and resolution is required. The EEOC specifically recommends that the following five core principles that it has found effective in preventing and addressing harassment be implemented by construction industry employers:
    1. Committed and engaged leadership;
    2. Consistent and demonstrated accountability;
    3. Strong and comprehensive harassment policies;
    4. Trusted and accessible complaint procedures; and
    5. Regular, interactive training tailored to the audience and the organization.
    Reprinted courtesy of Aaron C. Schlesinger, Peckar & Abramson, P.C. and Stephen E. Irving, Peckar & Abramson, P.C. Mr. Schlesinger may be contacted at aschlesinger@pecklaw.com Mr. Irving may be contacted at sirving@pecklaw.com Read the full story...

    Connecticut Reverses Course for Construction Managers on School Projects

    August 05, 2024 —
    On June 6, 2024, Connecticut Governor Ned Lamont signed into law Public Act 24-151 (H.B. 5524) (Bill 5524). Bill 5524 authorized and adjusted bonds of the state and provisions related to state and municipal tax administration, as well as addressed school building projects. Notably, Bill 5524 removed the ban on construction managers self-performing work on public school construction projects, effective July 1, 2024. Allowing construction managers to self-perform certain portions of the work, such as general trades, subject to the standard bidding requirements, is a common industry practice that, theoretically, reduces total project costs by reducing the amount of subcontracted work. However, proponents of banning self-performance argue that construction managers have too much information to bid fairly and competitively. Reprinted courtesy of Anand Gupta, Robinson+Cole Mr. Gupta may be contacted at agupta@rc.com Read the full story...

    Damage Control: Major Rebuilds After Major Weather Events

    October 21, 2024 —
    More than two feet of rain drenching Fort Lauderdale in a day, baseball-sized hail chunks falling on Minneapolis and the deadliest wildfire in more than a century destroying more than 2,100 acres of Maui—2023 was a stark reminder that Mother Nature is a force to be reckoned with. In total, $28 billion dollars’ worth of extreme weather and climate-related disasters ripped across the U.S. last year—a new record, according to the National Oceanic and Atmospheric Administration. And there’s no relief in sight: 2024 is already the second-busiest tornado season on the books, and wildfires were burning in Oregon, California, Montana and Texas as this issue went to print. Part of dealing with disasters is preparing for their impact to infrastructure, and Roland Orgeron Jr.—who co-founded New Orleans-based Legacy Industries with business partner Blake Couch in 2016—has been helping clients do just that. “We do a lot of consulting to identify vulnerabilities, and we offer action plans for companies based on potential storm scenarios,” Orgeron Jr. says. Some of those clients include large oil and gas companies with operations along the Mississippi River that cannot afford to be shut down for any extended period. “Before Hurricane Ida hit, we pre-positioned equipment inside some facilities, and we had guys responding the day after the storm to clear the area and assess the damage,” Orgeron Jr. says. During the immediate response to Hurricane Ida in 2021, the company’s work involved more than keeping the business locations up and running; they needed to help a business’ employees find a place to live. “We have a home stabilization contract with one oil and gas company designed to make sure their employees can get back to work as comfortably and quickly as possible,” Orgeron Jr. says. Reprinted courtesy of David McMillin, Construction Executive, a publication of Associated Builders and Contractors. All rights reserved. Read the full story...

    Los Angeles Wildfires Will Cause Significant Insured Losses, Ranking Amongst the Most Destructive in California's History

    January 14, 2025 —
    Wildfires currently burning in the Pacific Palisades, Eaton, Hurst and other Los Angeles neighborhoods will cause significant losses for the insurance industry, in Morningstar DBRS’ view. The fires have already burned more than 1,100 homes and threaten more than 28,000 additional structures, according to local fire officials. Preliminary estimates point to total insured losses in excess of $8 billion depending on the final number of properties being affected by the wildfires. By way of comparison, the 2018 Woolsey Fire, which destroyed 1,643 structures just north of Los Angeles, caused more than $6 billion in property damages at that time. Morningstar DBRS expects the ongoing wildfires to have a negative but manageable impact on major property insurers active in the Californian market, with the impact somewhat mitigated by their use of reinsurance and their high degree of diversification. Similarly, losses should be manageable for the global reinsurance industry and not affect their credit profiles. While leading U.S. property insurers are in good financial condition, the California property insurance market has been challenging because of high wildfire and other natural catastrophe risks combined with regulatory restrictions on coverage and pricing, leading many insurers to re-think their product offering, including an outright exit from the market. For example, market leaders such as State Farm and Allstate started reducing their exposure to the California market beginning 2022-2023. It is therefore possible that a larger than usual portion of the losses caused by the wildfires will be uninsured or may be covered under the California FAIR Plan, which is designed to provide fire coverage up to $3 million per home and spread the risk across the industry when it is not available from traditional carriers. This event reinforces the need for adequate rate increases on home insurance in California, based on forward-looking pricing and catastrophe modelling, as well as for additional fire prevention and mitigation initiatives. However, property insurance affordability is likely to remain a challenge in the state going forward, with many property owners opting to remain uninsured or under-insured because of the high costs.

    New Mexico Holds One-Sided Dispute Resolution Provisions Are Unenforceable

    November 05, 2024 —
    Dispute resolution provisions that grant one party the unilateral right to choose either litigation or arbitration to resolve disputes are common in the construction industry. The main difference between the two forums is that courts are more likely to strictly enforce contract terms as written as well as the applicable law, while arbitrators make decisions on more equitable considerations, untethered to the contract terms and—to some degree—the law. The party with the sole discretion to select the dispute resolution procedure can select the process most beneficial to its interests based on the nature of the dispute, regardless of who brings the claims. In Atlas Electrical Construction, Inc. v. Flintco, LLC, 550 P.3d 881 (N.M. Ct. App. 2024), the Court of Appeals of New Mexico recently held that an arbitration provision in a subcontract, under which the contractor retained the exclusive right to choose whether disputes arising under the subcontract were litigated in court or arbitrated was unreasonably one-sided, substantively unconscionable, and unenforceable. The Atlas Electrical case involved two sophisticated entities with equal bargaining strength to negotiate the terms of a subcontract. The parties agreed to a subcontract provision which provided in the relevant part:
    In the event [contractor] and [subcontractor] cannot resolve the dispute through direct discussions or mediation … then the dispute shall, at the sole discretion of [contractor], be decided either by submission to (a) arbitration … or (b) litigation …
    Read the full story...
    Reprinted courtesy of Bill Wilson, Robinson & Cole LLP
    Mr. Wilson may be contacted at wwilson@rc.com

    Understanding Entitlement to Delays and Proper Support

    December 10, 2024 —
    In a previous post, we discussed delays on construction projects including (1) critical versus non-critical delays, (2) excusable versus non-excusable delays, and (3) compensable versus non-compensable delays. We also reviewed the common methods of delay analysis include (1) the Total Cost Method, (2) the Modified Total Cost Approach, and (3) the Measured Mile Method. Once you have determined the type of delay and the method to be used to analyze and quantify the delay, it is important to understand the type of documents/evidence needed to support your claim for delay. If a party determines that they are entitled to some type of recovery for the delay, the party making a claim for delay, such as a contractor, must have the proper documentation/evidence to assist in proving entitlement for damages from the delay. Without the proper back-up, contractors are generally unable to recover all of the additional costs and expenses associated with the delays or, at best, recover only an “equitable” amount. Generally, damages must be proved with reasonable certainty and may not be based on speculation or conjecture. Thus, it is crucial for a party asserting a delay to have the proper documentation to support a delay claim, if the goal is to recover the damages associated with the delay. Read the full story...
    Reprinted courtesy of Andrew G. Vicknair, D'Arcy Vicknair, LLC
    Mr. Vicknair may be contacted at agv@darcyvicknair.com

    Seventh Circuit Finds Allegations of Occurrence and Property Damage Require a Defense

    January 28, 2025 —
    The Seventh Circuit reversed the district court's finding that the insured architecture firm was not entitled to a defense. Cornice & Rose International, LLC v. Acuity, 2024 U.S. App. LEXIS 29925 (7th Cir. Nov. 25, 2024). Cornice, an architectural firm, oversaw the construction of a building in Iowa. Under the contract with the building owner, Cornice agreed to "prepare drawings setting forth in detail the quality levels of materials and systems and other requirements for the construction" of the building. Cornice also agreed to evaluate the project regularly to become "familiar with the progress and quality of the work completed." Read the full story...
    Reprinted courtesy of Tred R. Eyerly, Damon Key Leong Kupchak Hastert
    Mr. Eyerly may be contacted at te@hawaiilawyer.com

    Newport Beach Partners Jeremy Johnson, Courtney Serrato, and Associate Joseph Real Prevailed on a Demurrer in a Highly Publicized Shooting Case!

    November 11, 2024 —
    Bremer Whyte Brown & O’Meara’s Partners Jeremy Johnson, Courtney Serrato, and Associate Joseph Real prevailed on a Demurrer in a highly publicized shooting case. Plaintiffs filed a lawsuit alleging negligence, negligent hiring, supervision and retention, and public nuisance against BWB&O’s clients, a highly recognized hospitali
    The Godfather of Solar Predicts Its Future

    Michigan: Identifying and Exploiting the "Queen Exception" to No-Fault Subrogation

    Jason Smith and Teddie Arnold Co-Author Updated “United States – Construction” Chapter in 2024 Legal 500: Country Comparative Guides

    Boston Building Boom Seems Sustainable

    New Notary Language For Mechanics Lien Releases and Stop Payment Notice Releases

    Los Angeles Tower Halted Over Earthquake and other Concerns

    COVID-19 Response: Essential Business Operations: a High-Stakes Question Under Proliferating “Stay at Home” Orders

    If You Purchase a House at an HOA Lien Foreclosure, Are You Entitled to Excess Sale Proceeds?

    Fire Raging North of Los Angeles Is Getting Fuel From Dry Winds

    Potential Problems with Cases Involving One Owner and Multiple Contractors

    Court Slams the Privette Door on Independent Contractor’s Bodily Injury Claim

    Consequential Damage Claims for Insurer's Bad Faith Dismissed

    2015-2016 California Labor & Employment Laws Affecting Construction Industry

    Union THUGS Plead Guilty

    Changes in the Law on Lien Waivers

    Reasonableness of Liquidated Damages Determined at Time of Contract (or, You Can’t Look Back Again)

    Contract Provisions That Help Manage Risk on Long-Term Projects

    Courts Will Not Rewrite Your Post-Loss Property Insurance Obligations

    Hunton Andrews Kurth Insurance Attorney, Latosha M. Ellis, Honored by Business Insurance Magazine

    Hawaii Supreme Court Finds Subcontractor Has No Duty to Defend Under Indemnity Provision

    Create a Culture of Safety to Improve Labor Recruitment Efforts

    Shaken? Stirred? A Primer on License Bond Claims in California

    Lewis Brisbois Launches New Practice Focusing on Supply Chain Issues

    Newmeyer & Dillion Ranked Fourth Among Medium Sized Companies in 2016 OCBJ Best Places to Work List

    Discussion of the Discovery Rule and Tolling Statute of Limitations

    Congratulations to Nine Gibbs Giden Partners Selected to the 2023 Southern California Super Lawyers List

    Why Federal and State Agencies are Considering Converting from a “Gallons Consumed” to a “Road Usage” Tax – And What are the Risks to the Consumer?

    Prevailing HOAs Not Entitled to Attorneys’ Fees in Enforcement Actions Brought Under Davis-Stirling

    RCW 82.32.655 Tax Avoidance Statute/Speculative Building

    Potential Coverage Issues Implicated by the Champlain Towers Collapse

    Largest Per Unit Settlement Ever in California Construction Defect Case?

    Facing Manslaughter Charges In Worker's 2021 Trench Collapse Death, Colorado Contractor Who Willfully Ignored Federal Law Surrenders To Police

    Even Toilets Aren’t Safe as Hackers Target Home Devices

    Denver Airport Terminates P3 Contract For Main Terminal Renovation

    Insurer Has Duty to Defend Sub-Contractor

    Naples, Florida, Is Getting So Expensive That City Workers Can’t Afford It

    The Unthinkable Has Happened. How Should Contractors Respond?

    Fifth Circuit Holds Insurer Owes Duty to Defend Latent Condition Claim That Caused Fire Damage to Property Years After Construction Work

    Hawaii Supreme Court Finds Climate Change Lawsuit Barred by “Pollution Exclusion”

    Norfolk Southern Accused of Trying to Destroy Evidence of Ohio Wreck

    Need and Prejudice: An Eleventh-Hour Trial Continuance Where A Key Witness Is Unexpectedly Unavailable

    The Construction Lawyer as Counselor

    Taking the Stairs to Human Wellness and Greener Buildings

    Vallagio v. Metropolitan Homes: The Colorado Court of Appeals’ Decision Protecting a Declarant’s Right to Arbitration in Construction Defect Cases

    Will Colorado Pass a Construction Defect Reform Bill in 2016?

    New WOTUS Rule

    Pandemic-Related Construction Materials Pricing Poses Challenges in Construction Lawsuits

    Capitol View-Corridor Restrictions Affect Massing of Austin’s Tallest Tower

    Taylor Morrison v. Terracon and the Homeowner Protection Act of 2007

    Another Las Vegas Tower at the Center of Construction Defect Claims
    mprop="name">Colorado Nearly Triples Damages Caps for Cases Filed in 2025, Allows Siblings to File Wrongful Death Claims

    California Supreme Court Adopts “Vertical Exhaustion” in the Long-Storied Montrose Environmental Coverage Litigation

    Renovation Makes Old Arena Feel Brand New

    Los Angeles Tower Halted Over Earthquake and other Concerns
    js=262541640">Want to Use Drones in Your Construction Project? FAA Has Just Made It Easier.

    Default Should Never Be An Option

    Navigating Threshold Arbitration Issues in Construction Contracts