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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
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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


    Antidiscrimination Clause Required in Public Works and Goods and Services Contracts­ –Effective January 1, 2024

    NTSB Issues 'Urgent' Recommendations After Mass. Pipeline Explosions

    What’s the Best Way to “Use” a Construction Attorney?

    More Musings on Why I Mediate

    Bill to Include Coverage for Faulty Workmanship Introduced in New Jersey

    Detroit Craftsmen Sift House Rubble in Quest for Treasured Wood

    Illinois Appellate Court Address the Scope of the Term “Resident” in Homeowners Policy

    DE Confirms Robust D&O Protection Despite Company Demise

    “Bee” Careful: Unique Considerations When Negotiating a Bee Storage Lease Agreement

    A New Hope - You Now May Have Coverage for Punitive Damages in Connecticut

    What You Need to Know About Additional Insured Endorsements

    ENR Northwest’s Top Contractors Survey Reveals Regional Uptick

    Report to Congress Calls for Framework to Cut Post-Quake Recovery Time

    When is a Residential Subcontractor not Subject to the VCPA? Read to Find Out

    What You Need to Know About Enforcement Actions by the Contractors State License Board

    Toll Brothers Snags Home Builder of the Year Honors at HLS

    More Hensel Phelps Ripples in the Statute of Limitations Pond?

    Hong Kong Popping Housing Bubbles London Can’t Handle

    Lost Rental Income not a Construction Defect

    California Committee Hosts a Hearing on Deadly Berkeley Balcony Collapse

    Nevada Senate Bill 435 is Now in Effect

    Does the UCC Apply to the Contract for the Sale of Goods and Services

    Kentucky Supreme Court Creates New “Goldilocks Zone” to Limit Opinions of Biomechanical Experts

    A Look at Business and Professions Code Section 7031

    Gordon & Rees Ranks #5 in Top 50 Construction Law Firms in the Nation

    Trial Victory in San Mateo County!

    Personal Guarantor Cannot Escape a Personal Guarantee By…

    White and Williams Earns Tier 1 Rankings from U.S. News "Best Law Firms" 2020

    Construction Defect Coverage Barred Under Business Risk Exclusion in Colorado

    A New Digital Twin for an Existing Bridge

    Client Alert: Absence of a Court Reporter at a Civil Motion Hearing May Preclude Appellate Review

    City Development with Interactive 3D Models

    District Court denies Carpenters Union Motion to Dismiss RICO case- What it Means

    Real Estate & Construction News Roundup (06/06/23) – Housing Woes, EV Plants and the Debate over Public Financing

    Construction Litigation Roundup: “Indeed, You Just Design ‘Em”

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

    How BIM Helps Make Buildings Safer

    Chicago Criticized for Not Maintaining Elevator Inspections

    Las Vegas HOA Conspiracy & Fraud Case Delayed Again

    New Certification Requirements for Veteran-Owned Small Business Concerns and Service-Disabled Veteran-owned Small Business Concerns Seeking Public Procurement Contracts

    How to Mitigate Lien Release Bond Premiums with Disappearing Lien Claimants

    One Colorado Court Allows Negligence Claim by General Contractor Against Subcontractor

    Insurer Not Bound by Decision in Underlying Case Where No Collateral Estoppel

    Compliance with Contractual and Jurisdictional Pre-Suit Requirements is Essential to Maximizing Recovery

    Contractors with Ties to Trustees Reaped Benefits from LA Community College Modernization Program

    Sobering Facts for Construction Safety Day

    Run Spot...Run!

    Best U.S. Home Sales Since 2007 Show Momentum in Housing Market

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    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

    The Legal 500 U.S. 2024 Guide Names Peckar & Abramson a Top Tier Firm in Construction Law and Recognizes Nine Attorneys

    July 15, 2024 —
    Peckar & Abramson, P.C. (P&A) is pleased to announce The Legal 500 United States has once again ranked P&A as a Tier One firm in construction law. The publication also recognized nine P&A construction lawyers in its directory for their contributions in the United States: P&A is proud to be recognized each year by several legal ratings services, including our Tier 1 ratings by Chambers both nationally and in a number of jurisdictions around the country. Steven M. Charney commented, “Receiving this prestigious recognition by Legal 500 signifies the exceptional caliber of our team, their unwavering commitment to delivering unparalleled legal solutions, and their ability to navigate complex challenges. We are dedicated to providing our clients with the highest level of service and are proud to be recognized as leaders in the field of construction law.” Read the full story...
    Reprinted courtesy of Peckar & Abramson, P.C.

    Courthouse Reporter Series: Louisiana Supreme Court Holds Architect Has No Duty to Safeguard Third Parties Against Injury, Regardless of Knowledge of Dangerous Conditions on the Project

    July 31, 2024 —
    In Bonilla v. Verges Rome Architects, 2023-00928 (La. 3/22/24); 382 So.3d 62, the Louisiana Supreme Court held because the terms of the agreement between the architect and the public owner did not give the architect responsibility for the means and methods of construction or for safety on the project, the architect did not have a duty to safeguard third parties against injury, regardless of whether the architect may have had knowledge of dangerous conditions on the project. In Bonilla, the City of New Orleans entered into a contract for the renovation of a building owned by the city. The city also entered into an agreement with Verges Rome Architects (“VRA”) to serve as the project architect. The general contractor on the project subcontracted the demolition work to Meza Services, Inc. (“Meza”). An employee of Meza was injured while attempting to demolish a “vault” on the project. The vault was a ten-foot by ten-foot cinderblock room with a nine-foot-high concrete slab ceiling located on the second floor of the building. The walls of the vault had been partially demolished when one of the employees of Meza was directed by his supervisor to stand on the ceiling of the vault with a jackhammer to continue the demolition. Shortly after beginning the task, the vault structure collapsed and caused the employee to suffer significant injury. Read the full story...
    Reprinted courtesy of Stu Richeson, Phelps
    Mr. Richeson may be contacted at stuart.richeson@phelps.com

    AI AEC Show: Augmenta Gives Designers Superpowers

    December 31, 2024 —
    In this episode of the AI AEC Show, host Aarni Heiskanen interviews Aaron Szymanski and Francesco Iorio, the visionary founders of Augmenta, to explore how generative AI is revolutionizing design. Augmenta’s platform gives designers superpowers by automating complex workflows, doubling productivity, and enabling better, faster decision-making. Discover the fascinating origin story of Augmenta, born from the intersection of industrial design frustration and cutting-edge AI research. Aaron and Francesco share how their backgrounds in manufacturing, design, and technology led them to tackle inefficiencies in the construction industry—starting with electrical raceway design. They reveal how their AI-powered tools save time and optimize designs for cost, sustainability, and constructability. Read the full story...
    Reprinted courtesy of Aarni Heiskanen, AEC Business
    Mr. Heiskanen may be contacted at aec-business@aepartners.fi

    A Place to Study Eternity: Building the Giant Magellan Telescope

    October 15, 2024 —
    Situated on a remote mountaintop in the Atacama Desert in Chile, the Giant Magellan Telescope will one day allow astronomers to peer further into the universe with a greater degree of clarity than ever before. But siting a highly sensitive instrument with seven massive, 8.4-meter-dia mirrors on a windy peak in one of the world’s most seismically active regions takes careful engineering, especially since the 12-story upper section of the 22-story telescope enclosure will have to rotate 360° with an extreme degree of precision, multiple times a night. Reprinted courtesy of Jeff Rubenstone, Engineering News-Record Mr. Rubenstone may be contacted at rubenstonej@enr.com Read the full story...

    For Whom Additional Insured Coverage Applies in New York

    November 11, 2024 —
    Simply including a requirement in a contract to add certain parties as additional insureds under a commercial general liability insurance (CGL) policy may not be enough to ensure such coverage is provided in New York. In New York City Hous. Auth. v. Harleysville Worcester Ins. Co., 226 A.D.3d 804 (2024), the New York Supreme Court Appellate Division – Second Department ruled that the language in an insurance endorsement required privity of contract with the insured party subcontractor to obtain additional insured status and denied coverage to others despite a provision in a subcontract requiring such additional insured coverage. In this case, an owner entered into a contract with a general contractor for construction services. The general contractor entered into a subcontract with a subcontractor. The subcontractor agreed to procure and maintain a CGL policy naming the owner, the general contractor, and another related party as additional insureds thereunder. An employee of the subcontractor was injured on the project and sued the three additional insureds and several other parties. Subcontractor’s insurance company refused to defend and indemnify any party other than the general contractor. All the parties sued by the subcontractor’s employee brought an action against the subcontractor’s insurance company, seeking coverage for defense and indemnification as additional insureds under the subcontractor’s CGL policy. Read the full story...
    Reprinted courtesy of Bill Wilson, Robinson & Cole LLP
    Mr. Wilson may be contacted at wwilson@rc.com

    Seattle Developer Defaults on Renovated Office Buildings

    December 23, 2024 —
    A major developer in downtown Seattle defaulted on a loan backed by two of its most prized office properties, including one that formerly housed a branch of the Federal Reserve Bank of San Francisco. Firms tied to Martin Selig Real Estate are in default on a more than $200 million loan, according to letters from lender Acore Capital dated Nov. 15 that were filed in Washington’s King County. The buildings would change ownership 30 days after that notice if no other action is taken, according to the letters. Read the full story...
    Reprinted courtesy of Anna Edgerton, Bloomberg

    “Since You Asked. . .”

    October 15, 2024 —
    … you must now pay. So said a California appellate court, affirming the trial court’s decision against a subcontractor suing for unpaid subcontract sums. Instead of being awarded those unpaid amounts, the subcontractor lost the case and was tagged with a $1.55 million attorney’s fees award and $270,000 costs award in favor of the defendants. What went wrong? California law requires a licensed contractor to maintain at all times proper workers’ compensation insurance coverage. The failure to maintain the coverage and have the certificate of coverage on file with the California Contractors State License Board results in “automatic and immediate suspension” of the contractor license. Retroactive reinstatement of the license may occur only if the contractor provides proof of the insurance within 90 days of the effective date of the insurance certificate – unless the contractor can show that failure to have the certificate on file was “due to circumstances beyond the control of the licensee.” Read the full story...
    Reprinted courtesy of Daniel Lund III, Phelps
    Mr. Lund may be contacted at daniel.lund@phelps.com

    Employees in Construction Industry Entitled to Compensation for Time Spent Complying with Employer-Mandated Security Protocols

    August 19, 2024 —
    Wage and hour laws dictating how employers must compensate their employees for time worked can, given the innumerable ways that employees perform their jobs, raise a number of questions. The next case, Huerta v. CSI Electrical Contractors, 15 Cal.5th 908 (2024) – which I won’t spend a lot of time discussing since I think it applies in somewhat limited situations – addresses whether employees are entitled to be paid while waiting to enter and exit worksites and for meal periods when they are not allowed to exit a worksite. The Huerta Case The 9th Circuit Court of Appeals requested that the California Supreme Court address three questions related to whether employees should be compensated under California wage and hour laws for time spent waiting to enter and exit worksites and for meal periods when they are not allowed to exit a worksite:
    1. Whether employees should be paid for time spent waiting in a personal vehicle to be scanned in and out of a worksite;
    2. Whether employees should be paid for time spent traveling in a personal vehicle from a security gate to employee parking lots; and
    3. Whether employees should be paid during meal periods if they are not permitted to leave a worksite.
    Read the full story...
    Reprinted courtesy of Garret Murai, Nomos LLP
    Mr. Murai may be contacted at gmurai@nomosllp.com