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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
    Local # 0532
    44404 16th St W Suite 107
    Lancaster, CA 93535
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    Building Consultant News and Information
    For Anaheim California


    Ackman Group Pays $91.5 Million for Condo at NYC’s One57

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

    Tom Newmeyer Elected Director At Large to the 2017 Orange County Bar Association Board of Directors

    Affordable Global Housing Will Cost $11 Trillion

    Managing Infrastructure Projects with Infrakit – Interview with Teemu Kivimäki

    The Four Forces That Will Take on Concrete and Make Construction Smart

    Construction Jobs Keep Rising, with April Gain of 33,000

    Washington State Updates the Contractor Registration Statute

    Morrison Bridge Allegedly Crumbling

    In All Fairness: Illinois Appellate Court Finds That Arbitration Clause in a Residential Construction Contract Was Unconscionable and Unenforceable

    California Trial Court Clarifies Application of SB800 Roofing Standards and Expert’s Opinions

    Allegations of Actual Property Damage Necessary to Invoke Duty to Defend

    Congratulations to Las Vegas Team on Their Successful Motion for Summary Judgment!

    Shifting the Risk of Delay by Having Float Go Your Way

    California Contractor License Bonds to Increase in 2016

    Professional Liability Alert: California Appellate Courts In Conflict Regarding Statute of Limitations for Malicious Prosecution Suits Against Attorneys

    Do Not Forfeit Coverage Under Your Property Insurance Policy

    Texas School System Goes to Court over Construction Defect

    Court of Federal Claims: Upstream Hurricane Harvey Case Will Proceed to Trial

    Righting Past Wrongs Through Equitable Development

    Another Colorado City Passes Construction Defects Ordinance

    The Importance of Preliminary Notices on Private Works Projects

    Gatluak Ramdiet Named to The National Black Lawyers’ “Top 40 Under 40” List

    White and Williams Announces Lawyer Promotions

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

    What is Toxic Mold Litigation?

    A Lot of Cheap Housing Is About to Get Very Expensive

    Construction Defect Lawsuits May Follow Hawaii Condo Boom

    SDNY Vacates Arbitration Award for Party-Arbitrator’s Nondisclosures

    Court Exclaims “Enough!” To Homeowner Who Kept Raising Wrongful Foreclosure Claims

    Florida SB 2022-736: Construction Defect Claims

    Daniel Ferhat Receives Two Awards for Service to the Legal Community

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    Even Toilets Aren’t Safe as Hackers Target Home Devices

    Florida Court of Appeals Rejects Insurer’s Attempt to Intervene in Underlying Lawsuit to Submit Special Interrogatories

    Defeating the Ten-Year Statute of Repose For Latent Construction Defects

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    Death of Subcontractor’s Unjust Enrichment Claim Against Project Owner

    Fifth Circuit: Primary Insurer Relieved of Duty to Defend Without Release of Liability of Insured

    Buffett’s $11 Million Beach House Is Still on the Market

    Flow-Down Clauses Can Drown Your Project

    Coverage Doomed for Failing Obtain Insurer's Consent for Settlement

    Ensuing Loss Provision Found Ambiguous

    Pollution Exclusion Prevents Coverage for Injury Caused by Insulation

    Massachusetts Federal Court Rejects Adria Towers, Finds Construction Defects Not an “Occurrence”

    White and Williams Elects Four Lawyers to Partnership, Promotes Six Associates to Counsel

    Counter the Rising Number of Occupational Fatalities in Construction

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    OSHA Advisory Committee, Assemble!
    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

    New Research Shows Engineering Firms' Impact on Economy, Continued Optimism on Business Climate

    October 28, 2024 —
    WASHINGTON – The ACEC Research Institute – the leading source of original research for the business of engineering – released the results of two important studies on the current and future state of the engineering industry, and its role in the overall U.S. economy. The reports, the 2024 Economic Assessment of the Engineering & Design Services Industry and the Engineering Business Sentiment Report for 2024 Q4, both point to continued optimism for the industry and its firms, though somewhat softened compared to previous quarters. "This research shows the outsized impact the engineering industry has on the American economy," said ACEC Research Institute Chair Mike Carragher. "As the engineering industry's contributions grow year over year, the Institute's research helps firm executives position their businesses for a successful future." All told, the industry added $656 billion to the U.S. GDP in 2023, supported well over five million jobs directly or indirectly, and contributed $92 billion to federal tax coffers, with an additional $44 billion in state and local taxes. Overall, the report found that the engineering and design services industry has continued to build on its year-over-year post-COVID gains, growing 5.5% in 2023 to $436 billion, with much of that growth driven by infrastructure projects. Non-residential and non-building construction, flush with government funding through the IIJA and Inflation Reduction Act, remained on an upward trajectory.

    GRSM Team Wins Summary Judgment in Million-Dollar HOA Dispute

    December 17, 2024 —
    Gordon Rees Scully Mansukhani Partner Bob Bragalone and Senior Counsel Ryan Fellman won a complete summary judgment on behalf of five board members who had been added to an HOA dispute by the defendant homeowners. The GRSM team resolved the matter within just 60 days of taking over the case, bringing an end to a legal battle that had lasted more than four years. The dispute began when the HOA, as plaintiff, filed suit against the homeowners in Denton County District Court. The HOA alleged that the homeowners had violated the HOA’s Covenants, Conditions, and Restrictions by constructing a non-conforming carport and sought a declaratory judgment to resolve the issue. In response, the homeowners filed a counterclaim and third-party petition, adding the individual HOA board members to the lawsuit. They accused the board members—who were serving in a voluntary capacity—of mishandling the dispute and filed claims against them for intentional infliction of emotional distress, negligence, and gross negligence. Reprinted courtesy of Robert A. Bragalone, Gordon Rees Scully Mansukhani and B. Ryan Fellman, Gordon Rees Scully Mansukhani Mr. Bragalone may be contacted at bbragalone@grsm.com Mr. Fellman may be contacted at rfellman@grsm.com Read the full story...

    When Every Drop Matters, Cities Turn to Watertech

    November 25, 2024 —
    We all need water to survive—but access to the liquid lifeline isn’t always a given. With a shifting climate and ever-increasing agricultural and industrial demands on this limited commodity, UNICEF predicts that by 2025, half of the world’s population could be living in areas facing water scarcity. On top of the obvious resource drains, many countries are losing surprising amounts of potable water to leaks. For example, in the United States alone, an estimated 6 billion gallons of treated drinking water seep out of its supply every day due to aging pipelines and undetected leaks. “Smart” water innovations may offer conservation solutions, though. As part of an overall smart city scheme, where internet of things (IoT) devices work hand-in-hand with AI to improve daily life, many municipalities are giving their water systems a makeover. From new meters to irrigation and pipeline maintenance, we look at some of the key intelligent technologies that endeavor to improve how we harness our water supply. Read the full story...
    Reprinted courtesy of James B. Bobotek, Pillsbury
    Mr. Bobotek may be contacted at james.bobotek@pillsburylaw.com

    Court Upholds $68M Jury Award Over 2021 Fatal Fall in Philadelphia

    January 28, 2025 —
    A Pennsylvania Supreme Court judge has reaffirmed a $68.5-million jury verdict in a wrongful death case brought by the wife and child of an immigrant siding-installation worker who fell to his death while working on a small Philadelphia apartment project in late 2021. Read the full story...
    Reprinted courtesy of Richard Korman, Engineering News-Record

    Changes to Judicial Selection in Mexico Create a New Case for Contractual ADR Provisions

    November 25, 2024 —
    The Mexican Congress recently discussed and approved a Constitutional Amendment called the “Judiciary Amendment” which was ironically published in the Official Gazette on September 15, 2024, the day before Mexican Independence Day. With this Judiciary Amendment, the Mexican Congress determined that Federal Judges, Federal Magisters and the Ministers of the Supreme Court will now be elected through direct and popular election. Before the Judiciary Amendment, Federal Judges and Magisters used to have a judicial career; many of them started as law clerks and were promoted step by step until becoming Judge or Magister. Ministers of the Supreme Court were appointed by the Senate through an election of three candidates designated by the President. Read the full story...
    Reprinted courtesy of Juan Pablo Sandoval, COMAD, S.C.
    Mr. Sandoval may be contacted at jpsandoval@comad.com.mx

    Finding Insurer's Declaratory Relief Action Raises Unsettled Questions of State Law, Case is Dismissed

    November 05, 2024 —
    The federal district court for the District of Hawaii dismissed the insurer's action for declaratory relief because it raised issues that were unsettled by Hawaii courts. Association of Apartment Owners of Lahaina Residential Condominium, et al., No. 1-24-cv-00075-JAO-BMK, Order Granting AOAO's Motion to Dismiss (D. Haw. Aug. 29, 2024). The case addressed whether a property damage exclusion barred coverage over an owner's claim that a condominium association and its property manager failed to obtain adequate insurance before the condominium's property was damaged by the Maui wildfire in August 2023. Great American filed suit seeking a declaration that it had no duty to defend or indemnify the Association and the property manage, Quam Properties Hawaiiana, Inc., in connection with a demand for mediation submitted to the Association and Quam on behalf of one of the owners. Read the full story...
    Reprinted courtesy of Tred R. Eyerly, Damon Key Leong Kupchak Hastert
    Mr. Eyerly may be contacted at te@hawaiilawyer.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

    You Cannot Always Contract Your Way Out of a Problem (The Case for Dispute Resolution in Mega and Large Complex Construction Projects)

    September 16, 2024 —
    Most experienced commercial transaction and construction attorneys strive to negotiate a concisely written and well-drafted contract that addresses all scenarios and issues that creative and highly contemplative professionals can conjure. Although contracts are extremely important in construction projects, “you can’t generally contract your way out of a problem,” states Michael Loulakis, a founder of Capital Project Strategies, LLC and a nationally recognized expert on project delivery systems in complex public sector design-build projects and public-private partnership programs. Loulakis adds, “the contract certainly matters. But particularly when the losses are big, litigators prosecuting the contractors often find effective ways to argue that facts and circumstances trump the contract.” However, “the difference between the best construction projects and the worst construction projects is not the written words of the contracts but how the parties have committed to engage collaboratively and with trust to complete the project,” notes Robynn Thaxton, an attorney and consultant with Thaxton Parkinson PLLC and Progressive Design-Build Consulting, LLC and one of the leading experts in construction law and alternative procurement on a national basis.[i] In large, complex construction projects, the need for parties to collaboratively resolve disputes is highlighted by the judicial acceptance of the “Doctrine of the Contextual Contract”[ii] to interpret construction contracts. “As construction’s increasing technological and managerial complexity came to be recognized, some common law courts began turning away from strict interpretation of language within the four corners of a contract and moving toward recognizing in the enforcement of contracts the construction industry’s own experience, customs, practices and implied conditions and duties and the factual context underlying the contract. Courts [began the journey] along the road from ‘text’ to ‘context.’”[iii] Thus, the precise wording of the contract has become less important and industry practices and other conditions provide insight for resolving disputes. Consequently, despite the specific language of any construction contract and the clear allocation of responsibilities and risks, early dispute evaluation and resolution are critical to a successful project. Read the full story...
    Reprinted courtesy of Lisa D. Love, JAMS