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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:


    Building Consultant Contractors Licensing
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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


    How to Challenge a Project Labor Agreement

    Reminder: Your Accounting and Other Records Matter

    New Case Law Update: Mountain Valleys, Chevron Deference and a Long-Awaited Resolution on the Sacketts’ Small Lot

    Anatomy of an Indemnity Provision

    CDJ’s Year-End Review: The Top 12 CD Topics of 2015

    Can I Record a Lis Pendens in Arizona if the Lawsuit is filed Another Jurisdiction?

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    CSLB’s Military Application Assistance Program

    First Lumber, Now Drywall as Canada-U.S. Trade Tensions Escalate

    First Circuit Rules Excess Insurer Must Provide Coverage for Fuel Spill

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    TOP TAKE-AWAY SERIES: The 2023 Annual Meeting in Vancouver

    Single-Family Home Gain Brightens U.S. Housing Outlook: Economy

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    Thieves Stole Backhoe for Use in Bank Heist

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    Alabama Limits Duty to Defend for Construction Defects

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    A Termination for Convenience Is Not a Termination for Default

    Steven L. Heisdorffer Joins Higgins, Hopkins, McLain & Roswell

    Brief Discussion of Enforceability of Anti-Indemnity Statutes in California

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    Chicago Makes First Major Update to City's Building Code in 70 Years

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    Airbnb Declares End to Party!

    The Importance of the Subcontractor Exception to the “Your Work” Exclusion

    Blurred Lines: New York Supreme Court Clarifies Scope of Privileged Documents in Connection with Pre-Denial Communications Prepared by Insurer's Coverage Counsel

    Insurers' Motion to Knock Out Bad Faith, Negligent Misrepresentation Claims in Construction Defect Case Denied

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    2021 California Construction Law Update

    Beyond the Disneyland Resort: World Class Shopping Experiences

    Triggering Duty to Advance Costs Same Standard as Duty to Defend

    Using the Prevention Doctrine

    Constructive Notice Established as Obstacle to Relation Back Doctrine

    Direct Contractors In California Should Take Steps Now To Reduce Exposure For Unpaid Wages By Subcontractors

    Supreme Court of Idaho Rules That Substantial Compliance With the Notice and Opportunity to Repair Act Suffices to Bring Suit

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    Construction Company Head Pleads Guilty to Insurance and Tax Fraud

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    Corporate Profile

    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. 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.

    Building Consultant News & Info
    Anaheim, California

    AI in Construction: What Does It Mean for Our Contractors?

    December 17, 2024 —
    Artificial intelligence is revolutionizing the construction industry by enhancing efficiency, safety and decision-making throughout the project lifecycle. AI in construction involves the application of advanced technologies like machine learning, computer vision and data analytics to various construction processes. Through AI, machines can learn and imitate human cognitive functions. The possibilities may sound endless, but as an industry traditionally looking from the outside in at technology, we must first step back to educate ourselves on the basics. This paper is meant to function as a starting point in your journey to understand AI and its potential impact on the construction industry. By reading through definitions, construction use cases and considerations, the reader should walk away with a base level of knowledge to ensure they can actively participate in future conversations on AI in construction. Reprinted courtesy of Patrick Scarpati, Construction Executive, a publication of Associated Builders and Contractors. All rights reserved. Read the full story...

    Bright-Line Changes: Prompt Payment Act Trends

    September 16, 2024 —
    Untimely payment by the owner for contract work and additional work on construction projects can place an unfair financial burden on contractors and subcontractors. Most states have attempted to eliminate or mitigate this inequity in construction contracting through Prompt Payment Acts that govern payment deadlines and provide remedies for untimely payment. This article addresses the legislative trends aimed at minimizing the risk of non-payment, overdue payment, and withholding retainage in favor of downstream parties to a construction contract. Fortifying Contractor Protections with “Bright-Line” Language Over the last decade, states have been tightening prompt payment laws by replacing broad, general statutory language with bright-line rules. What is a bright-line rule? A specific or definite figure, a quantifiable marker—i.e., something owners, contractors, subcontractors, and suppliers should be aware of. Practically speaking, the more bright-line a prompt payment statute is, the greater the likelihood it will affect a construction project in your state. A standard form construction contract, if not reviewed carefully, can create conflicts or confusion if it gives a party more leeway on payment deadlines than the applicable Prompt Payment Act. For example, consider an owner-issued Construction Change Directive (“CCD”) that requires a contractor to commence additional work immediately while a formal change order is negotiated. Consequently, a CCD can push financial burdens downstream, whether inadvertently or not, and may conflict with statutory payment deadlines. Nevertheless, an owner can be justified in its utilization of a CCD to maintain the project schedule. How should the parties competing interests be resolved? Read the full story...
    Reprinted courtesy of Peckar & Abramson, P.C.

    Protecting Expert Opinions: Lessons Regarding Attorney-Client Privilege and Expert Retention in Construction Litigation

    August 19, 2024 —
    The Hill Hotel Owner LLC v. Hanover Insurance Company case has garnered attention due to its implications on the scope of attorney-client privilege in construction litigation. This blog post delves into the project’s background, the ensuing litigation, and the intricate work undertaken by attorneys and experts, highlighting the potential pitfalls associated with assumptions about privilege protections. Background of the Project Hill Hotel Owner LLC initiated a construction project in Boulder, Colorado, which included building a basement-level parking garage with an 18” thick concrete slab floor. The project utilized “void form,” a cardboard underlayment intended to create a gap between the foundation and the underlying soil. Unfortunately, the void form became wet and collapsed under the weight of the fresh concrete, causing considerable damage, and necessitating millions of dollars in remediation costs. Read the full story...
    Reprinted courtesy of David McLain, Higgins, Hopkins, McLain & Roswell, LLC
    Mr. McLain may be contacted at mclain@hhmrlaw.com

    Third Circuit Vacates Judgment for Insurer on Alleged Construction Defect Claim

    December 31, 2024 —
    The Third Circuit vacated and remanded to the district court the judgment in favor of the insurer on a construction defect claim. Odedeyi v. AmTrust Financial Services Inc., 2024 U.S. App. LEXIS 24729 (3d Cir. Oct. 1, 2024). Mr. Odedeyi hired a contractor, who was insured by Security National, to perform work on his property. After the property was damaged during the renovations, Odedeyi filed suit against the contractor. Odedeyi was awarded a default judgment against the contractor. Read the full story...
    Reprinted courtesy of Tred R. Eyerly, Damon Key Leong Kupchak Hastert
    Mr. Eyerly may be contacted at te@hawaiilawyer.com

    Traub Lieberman Attorneys Recognized in the 2025 Edition of The Best Lawyers in America®

    September 09, 2024 —
    Traub Lieberman is pleased to announce that five Partners have been selected by their peers for inclusion in the 2025 edition of The Best Lawyers in America®. In addition, seven attorneys have been included in the 2025 Best Lawyers®: Ones to Watch list. These recognitions include attorneys from the firm’s Hawthorne, NY; Chicago, IL; Palm Beach Gardens, FL; and St. Petersburg, FL offices. 2025 Best Lawyers® Hawthorne, NY
    • Lisa L. Shrewsberry – Commercial Litigation
    Chicago, IL
    • Brian C. Bassett – Insurance Law
    Palm Beach Gardens, FL
    • Rina Clemens – Personal Injury Litigation – Defendants, Product Liability Litigation – Defendants
    St. Petersburg, FL
    • Lauren S. Curtis – Insurance Law
    • Scot E. Samis – Appellate Practice
    Read the full story...
    Reprinted courtesy of Traub Lieberman

    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

    America’s Bridges and the Need for Bridge Infrastructure Investment

    January 07, 2025 —
    During the October 2024 meeting of the American Bar Association’s Forum on Construction held in Pittsburgh, a city of many bridges, the importance of bridges to our nation’s transportation infrastructure was apparent. Just two years ago, the Forbes Avenue bridge in Pittsburgh collapsed—resulting in several vehicles and a bus falling into a ravine. Ten people were injured in the event. It was later reported that the bridge had received a “poor” rating but was still permitted to remain open to traffic. The event resulted in several lawsuits which, just this past September, the City of Pittsburgh requested $500,000 from the city council to settle. The Forbes Avenue bridge is hardly a unique case and is just one example of the litigation that can ensue if we fail to maintain our aging infrastructure. The State of Our Nation’s Bridges As of June 2024, the United States has more than 616,000 bridges located on public roads, including interstate highways, U.S. highways, state and county roads, as well as publicly accessible bridges on federal and tribal lands. Read the full story...
    Reprinted courtesy of Lisa D. Love, JAMS

    The Final Frontier Opens Up New Business Opportunities for Private Contractors

    August 26, 2024 —
    Earlier this year, the U.S. Department of Defense (“DOD”) issued its Commercial Space Integration Strategy. While arguably still in the early stages of implementation, this policy shows a significant shift in creating new opportunities for contractors to work with and sell commercial solutions to DOD. This creates big opportunities for the construction industry. DOD’s current construction budget is over $2.9 billion,[1] and seeking to increase funding and projects with the private sector also increases the need for construction of facilities to house those partnerships. For contractors who may be able to take advantage of these opportunities and the facilities that support them, it is worth having an understanding of what a prospective contractor would need to do to participate and what pitfalls may be attached to these programs. In an effort to call out the elephant in the room, the timing of these policies coming out in the year before an election should not be ignored. While grounded in the 2022 National Defense Strategy and other established departmental policies, a change in administration could create change in how these prospective opportunities are handled. Read the full story...
    Reprinted courtesy of Jessica S. Allain, Jones Walker
    Ms. Allain may be contacted at jallain@joneswalker.com