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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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    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
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    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
    Local # 0532
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    Lancaster, CA 93535
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    Building Consultant News and Information
    For Anaheim California


    A Court-Side Seat: Waters, Walls and Pipelines

    “Other Insurance” and Indemnity Provisions Determine Which Insurer Must Cover

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

    General Indemnity Agreement Can Come Back to Bite You

    Traub Lieberman Partner Katie Keller and Associate Steven Hollis Obtain Summary Judgment Based on Plaintiff’s Failure to Comply with Policy Conditions

    Environmental Regulatory Provisions Embedded in the Infrastructure Investment and Jobs Act

    Awarding Insurer Summary Judgment Before Discovery Completed Reversed

    Suffolk Pauses $1.5B Boston Tower Project for Safety Audit After Fire

    Termination for Convenience Clauses: Maybe More Than Just Convenience

    BHA has a Nice Swing: Firm Supports Wounded Warrior Project at WCC Seminar

    A Court-Side Seat: A FACA Fight, a Carbon Pledge and Some Venue on the SCOTUS Menu

    Employees Versus Independent Contractors

    Condominiums and Homeowners Associations Remain Popular Housing Choices for U-S Homeowners

    LEED Certified Courthouse Square Negotiating With Insurers, Mulling Over Demolition

    Increase in Single-Family New Home Sales Year-Over-Year in January

    Bond Principal Necessary on a Mechanic’s Lien Claim

    Communications between Counsel and PR Firm Hired by Counsel Held Discoverable

    Agile Project Management in the Construction Industry

    Nonparty Discovery in California Arbitration: How to Get What You Want

    Construction Costs Up

    Massachusetts Federal Court Holds No Coverage for Mold and Water Damage Claim

    Negligent Misrepresentation Claim Does Not Allege Property Damage, Barring Coverage

    If You Can’t Dazzle Em’ With Brilliance, Baffle Em’ With BS: Apprentices on Public Works Projects

    When Must a New York Insurer Turn Over a Copy of the Policy?

    Force Majeure Recommendations

    The Oregon Tort Claims Act (“OTCA”) Applies When a Duty Arises from Statute or Common Law and is Independent from The Terms of a Specific Contract. (OR)

    Give Way or Yield? The Jurisdiction of Your Contract Does Matter! (Law note)

    Kumagai Drops Most in 4 Months on Building Defect: Tokyo Mover

    Forcible Entry and Detainer Actions: Courts May Not Consider Tenant’s Hardship

    Ninth Circuit Finds Policy’s Definition of “Policy Period” Fatal to Insurer’s “Related Claims” Argument

    U.S. Homeownership Rate Falls to Lowest Since Early 1995

    Plaintiff’s Mere Presence in Area Where Asbestos is Present Insufficient to Establish Bystander Exposure

    Supreme Court Upholds Prevailing Wage Statute

    Pollution Exclusion Bars Coverage for Inverse Condemnation Action

    Detect and Prevent Construction Fraud

    Undocumented Debris at Mississippi Port Sparks Legal Battle

    What You Need to Know About the Recently Enacted Infrastructure Bill

    Vinci Will Build $580M Calgary Project To Avoid Epic Flood Repeat

    The BUILDCHAIN Project Enhances Data Exchange and Transparency in the EU Construction Industry

    Women Make Their Mark on Construction Leadership

    Toolbox Talk Series Recap – Best Practices for Productive Rule 26(f) Conferences on Discovery Plans

    Association Insurance Company v. Carbondale Glen Lot E-8, LLC: Federal Court Reaffirms That There Is No Duty to Defend or Indemnify A Builder For Defective Construction Work

    Incorporation by Reference in Your Design Services Contract– What Does this Mean, and Are You at Risk? (Law Note)

    MBIA Seeks Data in $1 Billion Credit Suisse Mortgage Suit

    Homebuilders Leading U.S. Consumer Stocks: EcoPulse

    Large Canada Employers and Jobsites Mandate COVID-19 Vaccines

    FDOT Races to Re-Open Storm-Damaged Pensacola Bridge

    Design Immunity Defense Gets Special Treatment on Summary Judgment

    Will Maryland Beltway Developer's Exit Doom $7.6B P3 Project?

    Harmon Tower Demolition on Hold
    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

    Construction of World's Tallest Building to Resume With New $1.9B Contract for Jeddah Tower

    October 28, 2024 —
    Construction of the Jeddah Tower in Jeddah, Saudi Arabia—which is planned to be the world’s tallest building—is set to resume with original contractor Saudi Binladin Group Co. after a years-long pause, owner Jeddah Economic Co.'s parent company, Kingdom Holding Co., announced Oct. 2. Reprinted courtesy of James Leggate, Engineering News-Record Mr. Leggate may be contacted at leggatej@enr.com Read the full story...

    The Benefits of Incorporating AI Into the Construction Lifecycle

    December 23, 2024 —
    Interest in artificial intelligence has been spreading like wildfire over the past few years. AI is not a new term for Trimble, which has been capturing and leveraging construction data for decades. From hardware to software, the field to the office or among stakeholders, harnessing and making meaning out of data is the crux of Trimble’s business. Generative AI is simply a new set of tools that provide a richer narrative around data, making it more insightful and actionable. As a company that helps connect stakeholders across the entire construction lifecycle—design, construction and operations/ maintenance—AI has been woven in and leveraged across a number of Trimble solutions to help contractors do more with less, while also giving them greater decision-making power and the ability to focus on other key challenges. While the use cases for AI are diverse and ever-changing, below are a few key areas where Trimble has doubled down on AI, with the goal of making contractors’ jobs less cumbersome and repetitive, safer and more capable of being upskilled—efforts which will only continue to grow in the coming years. Reprinted courtesy of Ian Warner, Construction Executive, a publication of Associated Builders and Contractors. All rights reserved. Read the full story...

    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

    Recovering Time and Costs from Hurricane Helene: Force Majeure Solutions for Contractors

    November 18, 2024 —
    When Hurricane Helene struck North Carolina, it caused severe disruptions to construction projects across the state. Baxter International’s North Cove facility in Marion, N.C., was completely shut down after floodwaters damaged the site and bridges leading to it. Elsewhere, landslides and floods wiped out large sections of Interstate 40, making transportation of materials and equipment nearly impossible. Many contractors in western North Carolina found their projects halted, and their schedules thrown off by this force majeure event. In situations like these, contractors and subcontractor need a plan to mitigate the impact of such natural disasters on their projects. Here are five practical tips to help you secure time extensions and/or compensation for delays: 1. Include a Robust Force Majeure Clause in Your Contract When disaster strikes, your contract is your first line of defense. A well-drafted force majeure clause can make the difference between bearing the costs yourself and getting an extension or compensation. The clause should clearly list specific events such as hurricanes, floods, and road closures as qualifying force majeure events. Read the full story...
    Reprinted courtesy of Matthew DeVries, Buchalter
    Mr. DeVries may be contacted at mdevries@buchalter.com

    How U.S. Design and Architecture Firms Can Profit from the Chinese Market and Avoid Pitfalls

    December 23, 2024 —
    Despite recent challenges, including obvious political tensions, economic cooling in the PRC, and increased local competition, the Chinese market remains an attractive destination for U.S. design and architecture firms. For instance, PEI Architects has maintained its success in China through long-standing relationships with key clients and is currently involved in two major projects for the Bank of China: a 1.9 million-square-foot complex in Shanghai and a financial center in Haikou.[i] Similarly, NBBJ is playing a critical role in the development of Tencent’s Net City in Shenzhen, a 2-million-square-meter smart city project that aligns with China's goals of sustainable and tech-driven urbanization.[ii] These examples show that while the Chinese market presents challenges, it continues to offer significant opportunities, particularly in sectors where innovative and cutting-edge architectural solutions are in high demand. At the same time, U.S. firms should exercise care: proper advance planning and strategic alliances are crucial for profitable forays into the Chinese market. JR Design Project: A Cautionary Tale When operating in China, U.S. design firms often encounter regulatory challenges, particularly with respect to China’s strict qualification requirements for architectural design services. Failure to meet these requirements can result in serious legal issues, including the potential invalidation of design contracts, as demonstrated in a leading case decided by the Supreme People’s Court of PRC (the nation’s highest court). Read the full story...
    Reprinted courtesy of Chengdong ("C.D.") Xing, Rajah & Tann Singapore LLP
    Mr. Xing may be contacted at chengdong.xing@rajahtann.com

    A Funny Thing Happened to My Ground Lease in Bankruptcy Court

    November 25, 2024 —
    EXECUTIVE SUMMARY Ground leases are an important – if somewhat unusual – part of the real estate finance industry. Because they typically cover large expensive properties like Rockefeller Center and The Empire State Building, to name two, and last a long time (99 years and up to start) the likelihood of something unexpected or unintended happening is high. This likelihood increases dramatically if, as highlighted below, one or both of the lease parties’ files for bankruptcy. Accordingly, real estate professionals should take note and take care when entering into any transaction involving a ground lease. Reprinted courtesy of Christopher F. Graham, White and Williams LLP and Morgan A. Goldstein, White and Williams LLP Mr. Graham may be contacted at grahamc@whiteandwilliams.com Ms. Goldstein may be contacted at goldsteinm@whiteandwilliams.com Read the full story...

    Real Estate & Construction News Roundup (8/21/24) – REITs Show Their Strength, Energy Prices Increase Construction Costs and CRE Struggles to Keep Pace

    October 01, 2024 —
    In our latest roundup, UBS to liquidate $2 billion real estate fund, hotel workers in San Francisco vote to strike, housing market to change after blockbuster settlement, and more!
    • When it comes to buying and selling homes, new rules are about to be put in play, five months after the National Association of Realtors agreed to a settlement over how its 1.5 million agents across the U.S. are paid commissions. (Kate Gibson, CBS)
    • Project abandonments tumbled in July in one of the largest monthly declines ever due to the anticipated interest rate cut. (Sebastian Obando, Construction Dive)
    • Increases in energy prices drove most of the total rise in construction input costs over the past month. (Sebastian Obando, Construction Dive)
    Read the full story...
    Reprinted courtesy of Pillsbury's Construction & Real Estate Law Team

    Los Angeles Wildfires Rage on, Destroying Structures and Displacing Residents

    January 14, 2025 —
    Wildfires in Los Angeles have already destroyed thousands of buildings, but the full extent of the damage will not be known for some time, according to local officials during a media briefing Jan. 9. Read the full story...
    Reprinted courtesy of Aileen Cho, Engineering News-Record
    Ms. Cho may be contacted at choa@enr.com