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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
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    3891 11th St Ste 312
    Riverside, CA 92501
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    17744 Sky Park Circle Suite 170
    Irvine, CA 92614

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    Irvine, CA 92614

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    ANAHEIM CALIFORNIA BUILDING CONSULTANT
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    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. Drawing 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.

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    Boston Team Secures Summary Judgment Dismissal on Client’s Behalf in Serious Personal Injury Case

    October 21, 2024 —
    Boston, Mass. (October 14, 2024) - Boston Managing Partner Kenneth B. Walton and Partner Matthew M. O' Leary recently secured summary judgment on behalf of a civil engineering firm in a serious personal injury matter arising from a trip-and-fall incident in a mall parking lot. The client was retained to provide site civil engineering design for the parking lot of a local mall. The design included multiple bioretention areas known as rain gardens. In November of 2019, a woman tripped and fell while attempting to cross a rain garden to reach her car. She suffered significant bodily injuries, including a fracture of the cervical spine that resulted in partial paralysis. The woman and her husband sued the mall's owner for negligence and loss of consortium in June 2021. The owner, in turn, impleaded Lewis Brisbois' client and the lot's builder, asserting third-party claims for contribution, contractual and common law indemnity, and breach of contract. In addition, the builder cross-claimed against Lewis Brisbois' client for contribution and common law indemnity. Read the full story...
    Reprinted courtesy of Lewis Brisbois

    Real Estate & Construction News Roundup (7/10/24) – Strong Construction Investment in Data Centers, Increase Use of Proptech in Hospitality and Effects of Remote-Work on Housing Market

    August 05, 2024 —
    In our latest roundup, renters stay in their units longer, GenAI change how commercial real estate operates, and banks continue high exposure due to commercial real estate.
    • Strong investor interest, particularly in opportunistic and value-add segments, signals a strong market for construction firms specializing in high-yield projects. (Sebastian Obando, Construction Dive)
    • A growing number of renters are staying in their units for longer periods of time than they did a decade ago with over one-third of U.S. renters have lived in the same apartment for more than five years. (Mary Salmonsen, Multifamily Dive)
    • Several U.S. regional and mid-sized banks continue to face the squeeze from high exposure to the commercial real estate sector that has been shaken by higher-for-longer interest rates and empty office buildings. (Reuters)
    Read the full story...
    Reprinted courtesy of Pillsbury's Construction & Real Estate Law Team

    Traub Lieberman Attorneys Recognized as 2024 New York – Metro Super Lawyers®

    November 11, 2024 —
    Traub Lieberman is pleased to announce that seven Partners from the Hawthorne, NY office have been selected to the 2024 New York - Metro Super Lawyers list. 2024 New York – Metro Super Lawyers
    • Copernicus Gaza – Insurance Coverage
    • Jonathan Harwood – Professional Liability
    • Lisa Rolle – Construction Litigation
    • Hillary Raimondi – Employment Litigation
    • Christopher Russo – Professional Liability
    • Lisa Shrewsberry – Professional Liability
    • Stephen Straus – Insurance Coverage
    Lisa Shrewsberry was also selected to the Top 25: 2024 Westchester County Super Lawyers® list. Read the full story...
    Reprinted courtesy of Traub Lieberman

    Blog Completes Seventeenth Year

    January 07, 2025 —
    Insurance Law Hawaii reaches the end of its seventeenth year this month. We began posting long ago, in December 2007. We seek to keep readers apprised of developments in insurance-related cases from Hawaii and across the country. Coverage issues surrounding the Maui fires have been top of mind this year. We will continue posting on important coverage developments in the next year. Read the full story...
    Reprinted courtesy of Tred R. Eyerly, Damon Key Leong Kupchak Hastert
    Mr. Eyerly may be contacted at te@hawaiilawyer.com

    America’s Factories Weren’t Built to Endure This Many Hurricanes

    November 05, 2024 —
    America’s factories aren’t built for the current cascade of extreme weather events. Dozens of industrial sites were in the zone of impact as Hurricane Milton slammed into Florida’s West Coast this week, including several concrete plants, speed boat manufacturing operations and facilities owned by Honeywell International Inc., Johnson Controls International Plc, General Electric Co. and Illinois Tool Works Inc., among others. Meanwhile, a Baxter International Inc. facility in Marion, North Carolina, that makes 60% of the intravenous fluids used in hospitals around the country was shuttered because of damage from Hurricane Helene just two weeks ago. Mines responsible for producing more than 80% of the world’s supply of commercial high-purity quartz in nearby Spruce Pine were also affected by severe flooding, raising the risk of disruptions to semiconductor production, which relies on the material. Read the full story...
    Reprinted courtesy of Brooke Sutherland, Bloomberg

    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.

    Fee Simple!

    November 11, 2024 —
    Following the grant of summary judgment by a Nebraska federal court on a construction claim, the prevailing subcontractor sought recovery of attorney’s fees, but received pushback from its opponent based upon the Federal Rules of Civil Procedure. The general contractor urged “that attorney’s fees are ‘special damages’ that must be specifically pleaded within a complaint under Federal Rule of Civil Procedure 9(g).” The GC said that a prayer for “a judgment for… costs, interest, and attorney’s fees be entered” – without further asserting a statutory or factual basis for the recovery – is insufficient. The subcontractor shot back that “it complied with the requirements of Rule 9(g) because its prayer for relief expressly referenced attorney’s fees, and the request for such fees was based on the facts asserted in the pleadings themselves.” Read the full story...
    Reprinted courtesy of Daniel Lund III, Phelps
    Mr. Lund may be contacted at daniel.lund@phelps.com

    Real Estate & Construction News Roundup (6/26/24) – Construction Growth in Office and Data Center Sectors, Slight Ease in Consumer Price Index and Increased Premiums for Commercial Buildings

    July 22, 2024 —
    In our latest roundup, U.S. interest rates remain uncertain, construction firms continue to use artificial intelligence, New York City updates commercial zoning regulations, and more!
    • According to analysts, high vacancy rates and declining rents have hurt San Francisco’s office market so badly that it could take almost 20 years to recover. (Eric McConnell, Yahoo)
    • The New York City Council approved updated commercial zoning regulations that expand where businesses can be located in the city, more than double the space for small-scale clean manufacturing, and enable adaptive reuse projects involving existing buildings. (Joe Burns, Construction Dive)
    • The insurance industry is responding to the proliferation of extreme weather events and the risks associated with operating commercial buildings in vulnerable areas by increasing premiums. (Renea Burns, Tim Coy, Niall Williams, Deloitte)
    Read the full story...
    Reprinted courtesy of Pillsbury's Construction & Real Estate Law Team