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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
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    Building Consultant News and Information
    For Anaheim California


    Supreme Court of Kentucky Holds Plaintiff Can Recover for Stigma Damages in Addition to Repair Costs Resulting From Property Damage

    What If There Is a Design Error?

    Canada Housing Starts Increase on Multiple-Unit Projects

    Microsoft Urges the Construction Industry to Deliver Lifecycle Value

    FDOT Races to Re-Open Storm-Damaged Pensacola Bridge

    Is Your Business Insured for the Coronavirus?

    Chinese Billionaire Sues Local Governments Over Project Payment

    Jury's Verdict for Loss Caused by Collapse Overturned

    Standard of Care

    BWB&O’s Los Angeles Office Obtains Major Victory in Arbitration!

    Tesla Finishes First Solar Roofs—Including Elon's House

    Attorneys Fees Under California’s Prompt Payment Statutes. Contractor’s “Win” Fails the Sniff Test

    Texas Court of Appeals Conditionally Grant Petition for Writ of Mandamus to Anderson

    WCC and BHA Raised Thousands for Children’s Cancer Research at 25th West Coast Casualty CD Seminar

    Insurer's Motion for Summary Judgment on Faulty Workmanship Denied

    Acord Certificates of Liability Insurance: What They Don’t Tell You Can Hurt You

    2021 Executive Insights: Leaders in Construction Law

    Patrick Haggerty Promoted to Counsel

    Be Careful with “Green” Construction

    Architects and Engineers Added to Harmon Towers Lawsuit

    Suing a Local Government in Land Use Cases – Part 2 – Procedural Due Process

    Vermont Supreme Court Reverses, Finding No Coverage for Collapse

    Civility Is Key in Construction Defect Mediation

    West Coast Casualty’s Quarter Century of Service

    Could You Be More Specific . . . About My Excess AI Coverage?

    A Trio of Environmental Decisions from the Fourth Circuit

    Tacoma Construction Site Uncovers Gravestones

    Claims against Broker for Insufficient Coverage Fail

    Commencing of the Statute of Repose for Construction Defects

    Ahlers Distinguished As Top Super Lawyer In Washington And Nine Firm Members Recognized As Super Lawyers Or Rising Stars

    Be Sure to Bring Up Any Mechanic’s Lien Defenses Early and Often

    Contractors Liable For Their Subcontractor’s Failure To Pay Its Employees’ Wages And Benefits

    Terminating A Subcontractor Or Sub-Tier Contractor—Not So Fast—Read Your Contract!

    Suppliers Must Also Heed “Right to Repair” Claims

    Smart Construction and the Future of the Construction Industry

    Brooklyn’s Hipster Economy Challenges Manhattan Supremacy

    BHA Has a Nice Swing: Firm Supports NCHV and Final Salute at 2017 WCC Seminar

    Should a Subcontractor provide bonds to a GC who is not himself bonded? (Bonding Agent Perspective)

    Los Angeles Team Secures Summary Judgment for Hotel Owner & Manager in Tenant’s Lawsuit

    BKV Barnett, LLC v. Electric Drilling Technologies, LLC: Analyzing the Impact of Colorado’s Anti-Indemnification Statute

    The Advantages of Virtual Reality in Construction

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    Not Just Another Client Alert about Cyber-Risk and Effective Cybersecurity Insurance Regulatory Guidance

    Forget Palm Springs—Santa Fe Is the New Mecca for Modern Architecture

    Unpredictable Power Surges Threaten US Grid — And Your Home

    No Coverage for Installation of Defective Steel Framing

    Homeowner Protection Act of 2007 Not Just for Individual Homeowners Anymore?

    California’s Skilled and Trained Workforce Requirements: Public Works and AB 3018, What You Need to Know

    Hawaii Court of Appeals Remands Bad Faith Claim Against Title Insurer

    Battle of Experts Cannot Be Decided on Summary Judgment
    Corporate Profile

    ANAHEIM CALIFORNIA BUILDING CONSULTANT
    DIRECTORY AND CAPABILITIES

    Leveraging from more than 7,000 construction defect and claims related expert witness designations, the Anaheim, California Building Consultant Group provides a wide range of trial support and consulting services to Anaheim's most acknowledged construction practice groups, CGL carriers, builders, owners, and public agencies. Drawing from a diverse pool of construction and design professionals, BHA is able to simultaneously analyze complex claims from the perspective of design, engineering, cost, or standard of care.

    Building Consultant News & Info
    Anaheim, California

    Updates to AIA Contract Applications

    January 07, 2025 —
    The construction industry often relies on contract forms drafted by the American Institute of Architects (AIA). These AIA forms include agreements between owners, designers, consultants, contractors, subcontractors, and construction managers. Some prefer to use the forms in the stock form, but others prefer to modify the language to their benefit. These modifications can be made in Microsoft Word and uploaded into AIA’s current web-based system, ACD5, to create redlines against the standard AIA forms (Checked-Drafts) and final clean versions without the “DRAFT” watermarks. Law firms and clients keep repositories of these modified templates for future projects. A common issue with modifying documents offline in Microsoft Word and passing the documents back-and-forth between different email and document management systems is that the metadata of the forms becomes corrupted. AIA technical support then must reset the metadata, which takes hours or days. This delay can pose challenges to clients when they are up against a deadline. Read the full story...
    Reprinted courtesy of Anand Gupta, Robinson+Cole
    Mr. Gupta may be contacted at agupta@rc.com

    Thank You for 18 Straight Years in the Virginia Legal Elite in Construction Law

    December 31, 2024 —
    Thank you once again to those in the Virginia legal community who elected me to the Virginia Business Legal Elite in the Construction Law category for the 18th consecutive year. The 18 consecutive years of election to the Legal Elite in the Construction Category span my nearly 15 years as a solo construction attorney. The fact that you all have continued to elect “100%” of the lawyers at The Law Office of Christopher G. Hill, PC for the last 14 years is most gratifying and only confirms that my decision to “go solo” over 14 years ago was a good one. To be included in this list of top construction attorneys is both humbling and gratifying. For the complete list of the Virginia construction lawyers who were elected along with me, see the 2024 Virginia Business Legal Elite in Construction Law. Read the full story...
    Reprinted courtesy of The Law Office of Christopher G. Hill
    Mr. Hill may be contacted at chrisghill@constructionlawva.com

    A New Study on Implementing Digital Visual Management

    July 31, 2024 —
    A new paper, “Implementing Digital Visual Management: A Case Study on Challenges and Barriers,” discusses situational management in complex infrastructure projects. It’s worth reading for anyone interested in improving project management with digital tools. A complex infrastructure project The authors interviewed nine project management professionals who worked for the client on constructing the western part of the Metro in Helsinki and Espoo, Finland. The project lasted eight years and had a budget of 1,200 million euros. The project used a Digital Visual Management (DVM) tool, and the paper discusses the challenges and barriers faced during the tool’s implementation. At the time of the study, the system was used to manage the final documentation and testing status. KPI management The project management team was involved in developing a system for combining collected data into a central dashboard and using it to manage the whole project. Read the full story...
    Reprinted courtesy of Aarni Heiskanen, AEC Business
    Mr. Heiskanen may be contacted at aec-business@aepartners.fi

    Big Data Meets Big Green: Data Centers and Carbon Removal Compete for Zero-Emission Energy

    October 15, 2024 —
    Artificial intelligence, data centers, carbon removal and zero-emission power may sound like a winning line (plus the Free Space) on a 2024 Buzzword Bingo card. But the concepts have come into dramatic real-world tension as private and public actors seek to accommodate the digital and environmental imperatives for green energy. After years of fairly stable demand, punctuated by declines during the pandemic and economic slumps, electricity demand is projected to double by 2050. A principal cause is the rapid expansion in the power needed to energize and cool servers amid explosive growth in the number and size of data centers, crypto miners, and other point sources of computation. Data centers were 3% of U.S. demand and are projected to be up to 9% or more by 2030; AI will drive a 160% surge in data center demand by 2030. A commentator notes, “We haven’t seen [growth like] this in a generation.” Reprinted courtesy of Robert A. James, Pillsbury, Sidney L. Fowler, Pillsbury and Ashleigh Myers, Pillsbury Mr. James may be contacted at rob.james@pillsburylaw.com Mr. Fowler may be contacted at sidney.fowler@pillsburylaw.com Ms. Myers may be contacted at ashleigh.myers@pillsburylaw.com Read the full story...

    68 Lewis Brisbois Attorneys Recognized in 5th Edition of Best Lawyers: Ones to Watch in America

    September 23, 2024 —
    (August 15, 2024) – 68 Lewis Brisbois attorneys across 26 offices have been named to the 5th edition of “Best Lawyers: Ones to Watch in America.” Congratulations to the following attorneys on this recognition! You can see the list of Lewis Brisbois attorneys named to Best Lawyers' 30th edition of The Best Lawyers in America here. Reprinted courtesy of Lewis Brisbois Read the full story...

    Haight has been named a Metropolitan Tier 1 and Tier 2 “Best Law Firm” by U.S. News – Best Lawyers® “Best Law Firms” in 2025

    November 11, 2024 —
    Haight Brown & Bonesteel LLP is listed in the U.S. News – Best Lawyers® (2025 Edition) “Best Law Firms” list with metro rankings in the following areas: Los Angeles
    • Metropolitan Tier 1
      • Product Liability Litigation – Defendants
    • Metropolitan Tier 2
      • Insurance Law
    Orange County
    • Metropolitan Tier 1
      • Product Liability Litigation – Defendants
    Read the full story...
    Reprinted courtesy of Haight Brown & Bonesteel LLP

    NLRB Finalizes Rule for Construction Industry Unions to Obtain Majority Support Representational Status

    September 23, 2024 —
    On July 26, 2024, the National Labor Relations Board (“NLRB”) issued its Fair Choice – Employee Voice Final Rule (“Final Rule”), which takes effect September 30, 2024. The Final Rule eases the process for unions in the construction industry to convert their status as collective bargaining representative of bargaining unit employees from Section 8(f) to 9(a) of the National Labor Relations Act (“Act”) simply by placing certain recognitional acceptance language in their collective bargaining agreements. As a result, construction industry employers should review their collective bargaining agreements prior to signing to determine if such language exists. Section 9(a) Non-Construction Industry Employers In most industries, not including construction, union recognitional status as collective bargaining representative of the employer’s employees is governed by Section 9(a) of the Act. In order for a Union to obtain recognitional status under Section 9(a), the union must either: (1) file a petition with the NLRB showing support of 30% of the proposed bargaining unit via employee executed authorization cards and win an election of 51% of the employees in the proposed bargaining unit who actually vote; or (2) by reaching an agreement with the employer that the union possesses employee executed authorization cards from 51% of the proposed bargaining unit, which has been confirmed by a neutral arbitrator pursuant to a card count. Once such status is achieved, the union and employer are required to meet and bargain towards reaching a collective bargaining agreement covering the terms and conditions of employment of the union represented employees. A Section 9(a) union cannot have its recognitional status revoked absent the loss of majority support of the employees it represents. Read the full story...
    Reprinted courtesy of Aaron C. Schlesinger, Peckar & Abramson, P.C.
    Mr. Schlesinger may be contacted at aschlesinger@pecklaw.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