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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

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    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
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    Building Consultant News and Information
    For Anaheim California


    Property Damage, Occurrences, Delays, Offsets and Fees. California Decision is a Smorgasbord of Construction Insurance Issues

    Property Owner Entitled to Rely on Zoning Administrator Advice

    Construction Is Holding Back the Economy

    Experts: Best Bet in $300M Osage Nation Wind Farm Dispute Is Negotiation

    A Quick Checklist for Subcontractors

    No Damage for Delay? No Problem: Exceptions to the Enforceability of No Damage for Delay Clauses

    Colorado Mayors Should Not Sacrifice Homeowners to Lure Condo Developers

    Nomos LLP Partner Garret Murai Recognized by Super Lawyers

    Brooklyn’s Hipster Economy Challenges Manhattan Supremacy

    Job Growth Seen as Good News for North Carolina Housing Market

    Personal Injury Claims – The Basics

    “Since You Asked. . .”

    Additional Insured Status Survives Summary Judgment Stage

    Ninth Circuit: Speculative Injuries Do Not Confer Article III Standing

    Couple Perseveres to Build Green

    Judgment Stemming from a Section 998 Offer Without a Written Acceptance Provision Is Void

    When is a Contract not a Contract?

    Garlock Five Years Later: Recent Decisions Illustrate Ongoing Obstacles to Asbestos Trust Transparency

    OSHA Penalties—What Happened with International Nutrition

    New Survey Reveals Present-Day Risks of Asbestos Exposure in America - 38% in High-Risk Jobs, 47% Vulnerable through Second-Hand Exposure

    Common Law Indemnity Claim Affirmed on Justifiable Beliefs

    Boston Water Main Break Floods Trench and Kills Two Workers

    ACS Recognized by Construction Executive Magazine in the Top 50 Construction Law Firms of 2021

    New ANSI Requirements for Fireplace Screens

    Payne & Fears Recognized by Best Lawyers in 2025 Best Law Firms®

    Dust Infiltration Due to Construction Defect Excluded from Policy

    Best Lawyers Recognizes Fifteen White and Williams Lawyers

    Contractors and Force Majeure: Contractual Protection from Hurricanes and Severe Weather

    Trial Court Abuses Discretion in Appointing Unqualified Umpire for Appraisal

    No Coverage Where Cracks in Basement Walls Do Not Amount to Sudden Collapse

    San Francisco OKs Revamped Settling Millennium Tower Fix

    Hurricane Claim Cannot Survive Anti-Concurrent Causation Clause

    Franchisors Should Consider Signing a Conditional Lease Assignment Rather Than a Franchisee’s Lease

    Real Estate & Construction News Round-Up (01/11/23) – Construction Tech, Housing Market Confidence, and Decarbonization

    Rooftop Owners Sue Cubs Consultant for Alleged False Statements

    Default Should Never Be An Option

    A Court-Side Seat: Clean Air, Clean Water, Citizen Suits and the Summer of 2022

    Hunton Offers Amicus Support in First Circuit Review of “Surface Water” Under Massachusetts Law

    Long-Planned Miami Mega Mixed-Use Development Nears Initial Debut

    Global Insurer Agrees to Pay COVID-19 Business Interruption Claims

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    Effective October 1, 2019, Florida General Contractors Have a Statutory Right to Recovery of Attorney Fees Against a Defaulted Subcontractor’s Surety

    English v. RKK- There is Even More to the Story

    California Homeowners Can Release Future, Unknown Claims Against Builders

    Liquidated Damages: Too High and It’s a Penalty. Too Low and You’re Out of Luck.

    What Happens When Dave Chappelle Buys Up Your Town

    Risk Protection: Force Majeure Agreements Take on Renewed Relevance

    Breaking with Tradition, The Current NLRB is on a Rulemaking Tear: Election Procedures, Recognition Bar, and 9(a) Collective Bargaining Relationships

    Yet ANOTHER Reminder to Always Respond

    $48 Million Award and Successful Defense of $135 Million Claim
    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

    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

    The Privette Doctrine and Its Exceptions: Court of Appeal Grapples With the Easy and Not So Easy

    November 18, 2024 —
    In CBRE v. Superior Court, 102 Cal.App.5th 639 (2024), the 4th District Court of Appeal grappled with a thorny and not-so-thorny issue involving injured parties under the Privette doctrine. The less thorny issue was whether application of the Privette doctrine depends on whether a written contract exists between the parties. Spoiler: It does not. The thorny issue was whether the Hooker exception to the Privette doctrine – which applies when a landowner exercises control over a project – should apply where a landowner directs a contractor to perform work that is at odds with legal requirements. The CBRE Case Property Reserve, Inc. owns an office building managed by CBRE in San Diego, California. On April 9, 2019, PRI entered into a lease agreement with a new tenant for a suite in the building. The lease required that PRI perform certain tenant improvements. Read the full story...
    Reprinted courtesy of Garret Murai, Nomos LLP
    Mr. Murai may be contacted at gmurai@nomosllp.com

    Urban Retrofits, Tall Buildings, and Sustainability

    January 14, 2025 —
    As I took a small break between cases and contract reviews, an article in the November 2, 2009 issue of ENR Magazine caught my eye. The article discusses the efforts of a Chicago architect to create a holistic approach to the renovation and “de-carbonization” of the Chicago Loop area. The plan involves large scale energy retrofits and sustainable reuse of Chicago’s tall buildings. Another interesting aspect of this article points out that tall buildings in general have hit the construction skids in the US and Latin America, this is not the case in Europe and the Middle East. However, those buildings that are going up (and up and up) are trying to go “green.” Several of the worlds tallest buildings, or soon to be so, are seeking LEED gold or platinum certification. These two trends, in my view, are healthy. First of all, much like the goal of Build2Sustain, the Chicago effort is a move toward sustainable reuse and retrofit/renovation. I see this as a great trend and a way to perform the “Three R’s” (Reduce, Reuse, Recycle), by reusing existing building materials and footprints without the cost and use of newer materials from tear downs and rebuilds. Read the full story...
    Reprinted courtesy of The Law Office of Christopher G. Hill
    Mr. Hill may be contacted at chrisghill@constructionlawva.com

    Navigating Casualty Challenges and Opportunities

    October 07, 2024 —
    US casualty has arguably been the hottest topic in the sector over the last year amid growing concerns over deteriorating loss trends. E&S Insurer talks to Kyle Sternadori, head of wholesale excess casualty at Navigators, a brand of The Hartford. Featured in the July 2024 edition of E&S Insurer. How are you approaching current E&S excess casualty market dynamics? We are focusing on loss trends, such as rising loss costs, and staying ahead of those trends. As an excess market there are ways to do that: managing capacity and limits deployment across the portfolio; working internally amongst claims, actuarial, data science to stay ahead of that; and using your own data. Staying ahead of the curve is essentially what we're trying to do. It started for us probably even before the market hardened. You saw towers of coverage that used to be maybe three markets and nowadays it could be 10 to 15 markets for similar coverage, with each market minimizing its downside. Read the full story...
    Reprinted courtesy of Kyle Sternadori, The Hartford

    What You Need to Know to Protect the Project Against Defect Claims

    October 28, 2024 —
    If a property owner claims there is a construction defect, that not only brings the project’s integrity into question but also your business’s reputation. So, how can you take steps to prevent these claims from causing such damage? Here are three things to know before beginning a project to effectively protect it and manage construction defect claims. 1. Documentation is key California and Los Angeles County require certain permits and documents in order for a construction project to move forward. Los Angeles County will also conduct plan checks to ensure everything is up to code. Detailed documentation will be important while making your plans. However, keeping notes throughout every step of the project will also be essential. Documenting all aspects of the project helps you:
    • Stay updated and aware of the project’s progress
    • Proactively catch and handle issues that could result in disputes
    • Create a record of evidence that can help manage defect claims
    Read the full story...
    Reprinted courtesy of Scott L. Baker, Baker & Associates
    Mr. Baker may be contacted at slb@bakerslaw.com

    Spain Risks €10.6 Billion Flood Damage Bill, Sanchez Says

    November 25, 2024 —
    Spanish Prime Minister Pedro Sanchez announced the first financial package for victims of the storms that killed more than 200 people in the country’s eastern region of Valencia. Spain will earmark as much as €10.6 billion ($11.5 billion) for its first relief package and more will be announced in the future, Sanchez said in a press conference Tuesday in Madrid. The package includes direct aid for households, self-employed workers and firms; state-backed credit guarantees for companies and residents; and funds for city governments to pay for repairs and reconstruction. Reprinted courtesy of Rodrigo Orihuela, Bloomberg, Macarena Munoz Montijano, Bloomberg and Jorge Zuloaga, Bloomberg 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

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

    October 21, 2024 —
    The threat of extreme wildfires has doubled in the past 20 years, with almost 20,000 fires blazing across the United States in 2024 alone. These high-intensity fires can be deadly, expensive, and create lingering health and environmental consequences. While we are used to seeing firefighters on the frontlines, researchers hope that next-generation smart technology, augmented by artificial intelligence (AI), will also play a key role in battling these conflagrations. Many municipalities, particularly those near wildfire-prone forests, are beginning to incorporate fire-focused advances (or “firetech”) into their smart city ecosystems. “Smart cities” are urban centers enhanced by utilities, emergency services, traffic signals and more that are linked through information and communications technology. Though the concept can spark cybersecurity-related concerns, many locales are gradually implementing many different kinds of smart tech. Following the 2023 wildfire that devastated Maui, for example, Hawaii installed a network of cloud-based fire and wind sensors that use AI to detect wildfires in real time. Smart tools like these can aid in predicting and discovering fires, streamlining emergency alert protocols, calculating vital analytics and improving firefighter safety. The National Fire Protection Association (NFPA) is actively studying these innovations, particularly in terms of environmental (smart buildings or robotics), operational (communications) and personnel (PPE sensors or biometrics). Below are a few of the key technologies to watch in this emerging field:
    • Smart Sensors. A total of 80 sensors (64 wildfire sensors and 16 wind sensors) were placed throughout Hawaii starting in March of 2024. Attached to existing utility poles, they detect heat in the air, and then engage AI and smart learning to distinguish smoke particles and gases produced by fires from those commonly found in Hawaii’s atmosphere—such as volcanic ash and ocean salt. Positioned in “strings,” the sensors “talk” to each other and send text messages to officials when they find a problem.
    Read the full story...
    Reprinted courtesy of James P. Bobotek, Pillsbury
    Mr. Bobotek may be contacted at james.bobotek@pillsburylaw.com