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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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    ANAHEIM CALIFORNIA BUILDING CONSULTANT
    DIRECTORY AND CAPABILITIES

    The Anaheim, California Building Consultant Group at BHA, leverages from the experience gained through more than 7,000 construction related expert witness designations encompassing a wide spectrum of construction related disputes. Leveraging from this considerable body of experience, BHA provides construction related trial support and expert services to Anaheim's most recognized construction litigation practitioners, commercial general liability carriers, owners, construction practice groups, as well as 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

    Brenda Radmacher to Speak at Construction Super Conference 2024

    November 05, 2024 —
    Brenda Radmacher, partner in Seyfarth’s Construction group, will present and moderate panels at the 38thAnnual Construction Super Conference 2024 on December 9-11. The conference is recognized as the preeminent construction conference developed for mid to senior-level professionals working in legal and commercial construction markets. Panel – Looking Around Corners: Emerging Trends and Proactive Solutions Brenda will co-present a panel on innovative ways to engage experts in construction disputes, focusing on early expert involvement to aid in risk management, issue analysis, mitigation, and documentation for potential litigation. Panel – Top 10 Issues to Address in Your ADR Process for a Better Solution in Construction Disputes Read the full story...
    Reprinted courtesy of Brenda Radmacher, Seyfarth
    Ms. Radmacher may be contacted at bradmacher@seyfarth.com

    When Cyber Crooks Steal Payments, Think Insurance Makes Up The Loss? Think Again.

    November 18, 2024 —
    In Summer 2023, the payment system for a small office and warehouse project that Beck Properties was developing for itself in South St. Paul, Minn., seemed to be running smoothly. Emails were criss-crossing back and forth and paper checks were landing in mailboxes. Reprinted courtesy of Richard Korman, Engineering News-Record Mr. Korman may be contacted at kormanr@enr.com Read the full story...

    More (and Simpler) Options Under New Oregon Retention Law

    October 21, 2024 —
    Similar to the changes made by the Washington Legislature last year, the Oregon Legislature recently changed its retention law. Oregon public works agencies and large commercial project owners are now required to accept surety bonds in lieu of withholding retainage on construction projects. There is also no longer a requirement to deposit retention funds in an interest-bearing escrow account. The owner or public agency must accept the bond in lieu of retainage unless specific grounds exist. For example, public agencies must find there is “good cause” for rejection of the bond based on the “unique project circumstances. Private owners have less discretion to reject a bond and if the bond meets the statutory requirements, per ORS 701.435(1)(a) “the owner and lender shall accept” the bond “in lieu of all or any portion of the retainage…” Courts have not analyzed when “good cause” exists for public agencies to reject bonds or exactly what will allow a private owner to reject a bond. However, an agency or owner cannot have a general policy to reject retention bonds. The statute does not provide next steps if the contractor disagrees with a decision to reject the bond. It may be necessary to proceed under the contract’s dispute resolution procedure or it may be more appropriate to take the issue directly to the courts. Read the full story...
    Reprinted courtesy of Michael Yelle, Ahlers Cressman & Sleight PLLC
    Mr. Yelle may be contacted at michael.yelle@acslawyers.com

    A “Flood” of Uncertainty; Massachusetts SJC Finds Policy Term Ambiguous

    August 26, 2024 —
    The highest court in Massachusetts recently held that term “Flood” and the associated phrase “surface waters,” as used in two all-risk insurance policies, is ambiguous in the context of water that accumulated on a parapet roof and rooftop courtyard, thereby negating the insurers’ attempt to limit coverage to a sublimited coverage for “Flood.” Background In June 2020, a severe storm caused damage to Norwood Hospital, owned by Medical Properties Trust, Inc. (“MPT”) and leased to Steward Health Care System (“Steward”), the policyholders. The relevant portion of the damage included damage from rain that accumulated on the rooftop courtyard and seeped into the interior of the building causing damage to the building and its contents. Reprinted courtesy of Michael S. Levine, Hunton Andrews Kurth and Torrye Zullo, Hunton Andrews Kurth Mr. Levine may be contacted at mlevine@HuntonAK.com Ms. Zullo may be contacted at tzullo@HuntonAK.com Read the full story...

    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

    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.

    Real Estate & Construction News Roundup (7/17/24) – Housing Inflation to Remain High, Proptech Investment to Fall and Office Vacancy Rates to Reach Peak in 2025

    August 26, 2024 —
    In our latest roundup, construction backlog to see positives signs, regional banks to be conservative on buybacks, U.S. metro areas to permit few new housing units, and more!
    • Venture capital investments in proptech and adjacent companies fell 14.3% in the first half of the year. (Leslie Shaver, Multifamily Dive)
    • The expectation of interest rate cuts by the Federal Reserve later this year due to easing inflation and cooling economic growth is a positive sign for construction backlog. (Sebastian Obando, Construction Dive)
    • The U.S. office real estate sector is now in three markets, each with different performance, but the overall office vacancy rate will reach a 21.6% peak in the second half of 2025. (Nish Amarnath, Construction Dive)
    National Demand Increases for Apartments, Refuting Calls for Construction Defect Immunity in Colorado

    Professional Services Exclusion in CGL Polic
    Housing Starts Surge 23% in Comeback for Canadian Builders

    Contingent Business Interruption Claim Denied

    Georgia Update: Automatic Renewals in Consumer Service Contracts

    Roof Mounted Solar Panels: Lower Your Risk of Fire

    MSJ Granted Equates to a Huge Victory for BWB&O & City of Murrieta Fire Department!

    “Details Matter” is the Foundation in a Texas Construction Defect Suit

    No Duty to Defend Faulty Workmanship Under Hawaii Law, but All is not Lost for Insured Contractor

    Do Not File a Miller Act Payment Bond Lawsuit After the One-Year Statute of Limitations

    Check The Boxes Regarding Contractual Conditions Precedent to Payment

    Congratulations to BWB&O’s 2021 Super Lawyers Rising Stars!

    Colorado Court of Appeals to Rule on Arbitrability of an HOA's Construction Defect Claims

    Update Regarding McMillin Albany LLC v. Super Ct.

    Quick Note: Unenforceable Language in Arbitration Provision

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

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

    Short-Term Rental Legislation & Litigation On the Way!

    Goldberg Segalla Welcomes William L. Nimick

    Construction Defects Lead to “A Pretty Shocking Sight”

    Suffolk Construction Drywall Suits Involve Claim for $3 Million in Court Costs

    Charges in Kansas Water Park Death

    How a Maryland County Created the Gold Standard for Building Emissions Reduction

    Focusing on Design Elements of the 2014 World Cup Stadiums

    Haight’s John Arbucci and Kristian Moriarty Selected for Super Lawyers’ 2020 Southern California Rising Stars

    Midview Board of Education Lawsuit Over Construction Defect Repairs

    Buyer's Demolishing of Insured's Home Not Barred by Faulty Construction Exclusion

    How Artificial Intelligence Can Transform Construction

    Certificates of Insurance May Confer Coverage

    Coverage Exists for Landlord as Additional Insured

    Home Numbers Remain Small While Homes Get Bigger

    Insured's Claim for Cyber Coverage Rejected

    Evolving Climate Patterns and Extreme Weather Demand New Building Methods

    White House Reverses Trump Administration NEPA Cutbacks

    Another Reminder to ALWAYS Show up for Court

    Texas Supreme Court Finds Payment of Appraisal Award Does Not Absolve Insurer of Statutory Liability

    Forecast Sunny for Solar Contractors in California

    It Has Started: Supply-Chain, Warehouse and Retail Workers of Essential Businesses Are Filing Suit

    Colorado Senate Voted to Kill One of Three Construction Defect Bills

    Billionaire Row Condo Board Sues Developers Over 1,500 Building Defects

    Summary Judgment for Insurer on Construction Defect Claim Reversed

    Arizona Supreme Court Confirms Eight-Year Limit on Construction Defect Lawsuits

    Texas Approves Law Ensuring Fair and Open Competition

    House of the Week: Spanish Dream Home on California's Riviera

    Construction Defect Specialist Joins Kansas City Firm

    Tokyo Tackles Flood Control as Typhoons Swamp Subways

    Nine Newmeyer & Dillion Attorneys Recognized as Southern California Super Lawyers

    Feds to Repair Damage From Halted Border Wall Work in Texas, California

    Best Lawyers Honors 43 Lewis Brisbois Attorneys, Recognizes Three Partners as 'Lawyers of The Year'

    Colorado’s Workers’ Compensation Act and the Construction Industry

    Does a No-Damage-for-Delay Clause Also Preclude Acceleration Damages?

    Understanding Liability Insurer’s Two Duties: To Defend and to Indemnify
    r CGL Policy Exclusions to Ensure You Are Covered: Wardcraft v. EMC.

    4 Breakthrough Panama Canal Engineering Innovations

    Gillotti v. Stewart (2017) 2017 WL 1488711 Rejects Liberty Mutual, Holding Once Again that the Right to Repair Act is the Exclusive Remedy for Construction Defect Claims

    White House Reverses Trump Administration NEPA Cutbacks

    Client Alert: Service Via Tag Jurisdiction Insufficient to Subject Corporation to General Personal Jurisdiction

    Cleveland Condo Board Says Construction Defects Caused Leaks

    Alleged Defective Water Pump Leads to 900K in Damages

    Microsoft Urges the Construction Industry to Deliver Lifecycle Value

    Can Baltimore Get a Great Bridge?