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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

    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


    Construction Contract Basics: Indemnity

    Construction Law Alert: Unlicensed Contractors On Federal Projects Entitled To Payment Under The Miller Act

    Unjust Enrichment Claims When There Is No Binding Contract

    Will The New U.S.-Mexico-Canada Trade Deal Calm Industry Jitters?

    Substitutions On a Construction Project — A Specification Writer Responds

    Newmeyer & Dillion Named for Top-Tier Practice Areas in 2018 U.S. News – Best Law Firms List

    Tests Find Pollution From N.C. Coal Ash Site Hit by Florence Within Acceptable Levels

    Buy a House or Pay Off College? $1.2 Trillion Student Debt Heats Up in Capital

    Design-Assist, an Ambiguous Term Causing Conflict in the Construction Industry[1]

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

    New York Construction Practice Team Obtains Summary Judgment, Dismissal of Labor Law §240(1) Claim Against Municipal Entities

    University of Tennessee Commits to $1.9B Capital Plan

    Four Key Steps for a Successful Construction Audit Process

    Meet the Forum's Neutrals: TOM DUNN

    OSHA Issues Guidance on Mitigating, Preventing Spread of COVID-19 in the Workplace

    Construction and AI: What Contractors Need to Know from ABC’s New Report

    Alabama Limits Duty to Defend for Construction Defects

    Time to Repair Nevada’s Construction Defect Laws?

    Two Things to Consider Before Making Warranty Repairs

    Breach Of Duty of Good Faith And Fair Dealing Packaged With Contract Disputes Act Claim

    Delays Caused When Government (Owner) Pushes Contractor’s Work Into Rainy / Adverse Weather Season

    Good-To-Know Points Regarding (I) Miller Act Payment Bonds And (Ii) Payment Bond Surety Compelling Arbitration

    Difficult Task for Court to Analyze Delay and Disorder on Construction Project

    Supplement to New California Construction Laws for 2019

    Stacking of Service Interruption and Contingent Business Interruption Coverages Permitted

    #3 CDJ Topic: Underwriters of Interest Subscribing to Policy No. A15274001 v. ProBuilders Specialty Ins. Co., Case No. D066615

    Construction Lien Needs to Be Recorded Within 90 Days from Lienor’s Final Furnishing

    The EPA and the Corps of Engineers Propose Another Revised Definition of “Waters of the United States”

    Protect Against Design Errors With Owners Protective Professional Indemnity Coverage

    BWB&O Expands to North San Diego

    Critical Updates in Builders Risk Claim Recovery: Staying Ahead of the "Satisfactory State" Argument and Getting the Most Out of LEG 3

    The International Codes Development Process is Changing to Continue Building Code Modernization

    He's the Top U.S. Mortgage Salesman. His Daughter Isn't Buying It

    Protecting and Perfecting Your Mechanics Lien when the Property Owner Files Bankruptcy

    Texas Construction Firm Officials Sentenced in Contract-Fraud Case

    Texas Law Bars Coverage under Homeowner’s Policy for Mold Damage

    2017 Colorado Construction Defect Recap: Colorado Legislature and Judiciary Make Favorable Advances for Development Community

    Double-Wide World Cup Seats Available to 6-Foot, 221-Pound Fans

    The Increasing Trend of Caps in Construction Contracts and Negotiating Them

    High School Gym Closed by Construction Defects

    New Stormwater Climate Change Tool

    Chinese Billionaire Sues Local Governments Over Project Payment

    Court Finds That Limitation on Conditional Use Permit Results in Covered Property Damage Due to Loss of Use

    AI in Construction: What Does It Mean for Our Contractors?

    Terminating Contracts for Convenience — “Just Because”

    Colorado Court of Appeals Confirms Senior Living Communities as “Residential Properties” for Purposes of the Homeowner Protection Act

    An Interesting Look at Mechanic’s Lien Priority and Necessary Parties

    Brown and Caldwell Appoints Stigers as Design Chief Engineer

    School District Settles Construction Lawsuit with Additional Million

    Don’t Believe Everything You Hear: Liability of Asbestos Pipe Manufacturer Upheld Despite Exculpatory Testimony of Plaintiff
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    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

    'You're Talking About Lives': The New Nissan Stadium

    August 26, 2024 —
    The new Tennessee Titans sports complex rising up on the banks of the Cumberland River in Nashville is a big project no matter how you look at it. Nissan Stadium will have 60,000 seats, cover 1.85 million square feet and cost an estimated $2.1 billion. Four contractors are involved, operating under a joint venture called the Tennessee Builders Alliance: Turner Construction Co., AECOM Hunt, Polk & Associates Construction and I.C.F. Builders & Consultants. And nearly 20,000 workers will play a role over the project’s three-year timeline. The sheer size and scope of the job led Tyler White, TBA’s environmental health and safety director, to think that the project needed to approach safety on a similar scale. The result is a first-of-its-kind public-private partnership between the Tennessee Occupational Safety and Health Administration and TBA. “I thought it would be a good idea,” White says. “I know they’re stretched thin, but [we’re] very appreciate of advocating and allocating their resources.” Reprinted courtesy of Grace Austin, Construction Executive, a publication of Associated Builders and Contractors. All rights reserved. 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...

    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

    Kahana Feld LLP Senior Attorney Rachael Marvin and Partner Dominic Donato Obtain Complete Dismissal of Plaintiff’s Labor Law Claims on Summary Judgment

    August 19, 2024 —
    Kahana Feld attorneys Rachael Marvin and Dominic Donato secured summary judgment dismissal of plaintiff’s Labor Law §§ 240(1), 241(6), and 200 claims asserted against their client, a general contractor of a housing project in Orange County, New York. The case involved a construction accident in which plaintiff fell while traversing a ramp, which was placed across an eight-foot-deep excavation trench. Plaintiff was employed by a subcontractor and was part of a crew performing the framing work on the project. The accident occurred when he exited his work area by walking across a ramp that was placed across the excavated trench, when the ramp gave way and plaintiff fell into the excavation. Read the full story...
    Reprinted courtesy of Rachel Marvin, Kahana Feld
    Ms. Marvin may be contacted at rmarvin@kahanafeld.com

    Best Lawyers Honors Hundreds of Lewis Brisbois Attorneys, Names Four Partners ‘Lawyers of the Year’

    September 16, 2024 —
    (August 15, 2024) - Best Lawyers has selected 171 Lewis Brisbois attorneys across 47 offices for its 31st edition of The Best Lawyers in America. It has also recognized four Lewis Brisbois partners on its "Lawyers of the Year" list: San Diego Partner Gary K. Brucker Jr. (Litigation - Real Estate); Weirton Managing Partner Michelle L. Gorman (Mass Tort Litigation/Class Actions - Defendants); Roanoke Partner Paul C. Kuhnel (Medical Malpractice Law - Defendants); and Los Angeles Co-Administrative Partner Steven R. Lewis (Product Liability Litigation - Defendants). Please join us in congratulating the following attorneys on their Best Lawyers recognition! You can see the full list of attorneys named to Best Lawyers' Ones to Watch in America here. Read the full story...
    Reprinted courtesy of Lewis Brisbois

    Florida Issues Emergency Fraud Prevention Rule to Protect Policyholders in Wake of Catastrophic Storms

    November 05, 2024 —
    Last week, just before Hurricane Milton made landfall, Florida state officials issued an emergency decree to all licensed insurance adjusters in the state to protect homeowners against “unfair and deceptive acts” and “post-storm fraud” by insurance carriers. According to The Washington Post, the Florida Department of Financial Services is requiring that all claim adjusters provide an explanation for each change they make to a consumer’s loss estimate, document those changes, and retain all versions of the estimate and identify who made those revisions. When processing claims, adjusters must also use an electronic estimating system that provides an itemized report of all damage, as well as labor, materials, equipment and supplies. Those costs should be consistent with what a contractor or a repair company in that particular area would charge. “Property damage from Hurricane Milton will be catastrophic and may result in billions of dollars in property losses,” the emergency rule states. “Fair and transparent loss estimates and claims adjustments will be crucial to ensure Floridians are properly and fairly compensated under the terms of their property insurance contracts, while also ensuring ongoing insurer solvency after potentially momentous financial losses.” Reprinted courtesy of Geoffrey B. Fehling, Hunton Andrews Kurth and Olivia G. Bushman, Hunton Andrews Kurth Mr. Fehling may be contacted at gfehling@HuntonAK.com Ms. Bushman may be contacted at obushman@HuntonAK.com Read the full story...

    ASCE Statement on Senate Passage of the Water Resources Development Act of 2024

    August 12, 2024 —
    WASHINGTON — The American Society of Civil Engineers (ASCE) commends the Senate for passing S. 4367, the Thomas R. Carper Water Resources Development Act (WRDA) of 2024. Both the House and Senate versions of WRDA will help improve America's ports and inland waterways, enhance flood risk management and storm risk reduction programs, and prioritize ecosystem restoration. ASCE now urges Congress to swiftly conference and pass a final WRDA bill in the upcoming months. The Senate version of WRDA includes key provisions that will help ensure the ongoing operation of America's inland waterways systems, which received a 'D+' on the 2021 Report Card for America's Infrastructure, including adjustments to the cost share requirements for rehabilitation projects that receive funding the Inland Waterways Trust Fund (IWTF). These changes will ensure the IWTF remains available for future projects to help reduce the backlog of inland waterways projects. This bill also creates a Levee Owners Advisory Board, which has the potential to improve communication between the U.S. Army Corps of Engineers, other federal agencies, and levee owners and operators. Now that the House and Senate have passed their versions of WRDA, we encourage lawmakers to include several provisions included in the House version in their final conference bill. This includes the reauthorization of the National Dam Safety Program through 2028, provisions that reduce restrictions on the amount of funds states can receive in National Dam Safety Program State Assistance Grants; improves access to the High Hazard Potential Dam Rehabilitation Grant Program; and requires the incorporation of low-head dams into the National Inventory of Dams, and an extension of the National Levee Safety program through 2033. ABOUT THE AMERICAN SOCIETY OF CIVIL ENGINEERS Founded in 1852, the American Society of Civil Engineers represents more than 160,000 civil engineers worldwide and is America's oldest national engineering society. ASCE works to raise awareness of the need to maintain and modernize the nation's infrastructure using sustainable and resilient practices, advocates for increasing and optimizing investment in infrastructure, and improve engineering knowledge and competency. For more information, visit www.asce.org or www.infrastructurereportcard.org and follow us on Twitter, @ASCETweets and @ASCEGovRel.

    Rhode Island Closes One Bridge and May Have Burned Others with Ensuing Lawsuit

    October 07, 2024 —
    The state of Rhode Island recently filed a lawsuit against 13 companies that provided design, construction, and inspection services over the past ten years (the extent allowed by the applicable statute of limitations) to the Washington Bridge, which carries I-195 between East Providence and Providence. The bridge was abruptly closed in December 2023 following the discovery of alleged fractured steel tie-downs critical to the bridge’s stability and additional deterioration in cantilever beams throughout the bridge. Before the closure, approximately 90,000 vehicles per day traveled over the bridge. The complaint alleges that the defendants, the majority of which are experienced, industry-leading firms in their respective fields, were negligent and breached their respective contracts with the State. The State contends that every company that worked on the bridge over the past ten years missed the serious structural conditions alleged. The lawsuit also claims that the State has suffered millions of dollars of damages since the bridge was closed and seeks indemnity and contribution from all defendants to the extent that the State may be liable to third parties in the future. Read the full story...
    Reprinted courtesy of Bill Wilson, Robinson & Cole LLP