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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


    Board of Directors Guidance When Addressing Emergency Circumstances Occasioned by the COVID-19 Pandemic

    Low Interest Rates Encourages Homeowners to become Landlords

    Domingo Tan Receives Prestigious Ollie Award: Excellence in Construction Defect Community

    Kiewit and Two Ex-Managers Face Canada Jobsite Fatality Criminal Trial

    Nevada’s Construction Defect Law

    South Carolina Supreme Court Finds that Consequential Damage Arise From "Occurrence"

    Hawaii Court of Appeals Remands Bad Faith Claim Against Title Insurer

    Georgia Court of Appeals Holds That Policyholder Can “Stack” the Limits of Each Primary Policy After Asbestos Claim

    No Coverage for Co-Restaurant Owners Who Are Not Named In Policy

    Pennsylvania Homeowner Blames Cracks on Chipolte Construction

    Even Fraud in the Inducement is Tough in Construction

    Traub Lieberman Attorneys Lisa M. Rolle and Vito John Marzano Secure Dismissal of Indemnification and Breach of Contract Claims Asserted against Subcontractor

    OSHA COVID-19 Vaccination and Testing ETS Unveiled

    Illinois Court Determines Insurer Must Defend Property Damage Caused by Faulty Workmanship

    KY Mining Accident Not a Covered Occurrence Under Commercial General Liability Policy

    William Lyon to Acquire RSI Communities

    When Are General Conditions and General Requirements Covered by Builder's Risk

    New Standard Addresses Wind Turbine Construction Safety Requirements and Identifies Hazards

    Pool Contractor’s Assets Frozen over Construction Claims

    How BIM Helps Make Buildings Safer

    California Posts Nation’s Largest Gain in Construction Jobs

    Intel's $20B Ohio 'Mega-Site' is Latest Development in Chip Makers' Rush to Boost US Production

    Ensuring Arbitration in Construction Defect Claims

    Mississippi exclusions j(5) and j(6) “that particular part”

    US Supreme Court Orders All Mountain Valley Gas Line Work to Proceed

    Los Angeles Construction Sites May Be on Fault Lines

    Court Bars Licensed Contractor From Seeking Compensation for Work Performed by Unlicensed Sub

    Differing Site Conditions Produce Differing Challenges

    Dust Obscures Eleventh Circuit’s Ruling on “Direct Physical Loss”

    EPA Announces Decision to Retain Current Position on RCRA Regulation of Oil and Gas Production Wastes

    Collapse of Breezeway Attached to Building Covered

    Gain in Home Building Points to Sustained U.S. Growth

    Lease-Leaseback Fight Continues

    Can an Architect, Hired by an Owner, Be Sued by the General Contractor?

    Tokyo Building Flaws May Open Pandora's Box for Asahi Kasei

    Anti-Fracking Win in N.Y. Court May Deal Blow to Industry

    Reporting Requirements for Architects under California Business and Professions Code Section 5588

    Drastic Rebuild Resurrects Graves' Landmark Portland Building

    Underpowered AC Not a Construction Defect

    Some Construction Contract Basics- Necessities and Pitfalls

    Contractors Can No Longer Make Roof Repairs Following Their Own Inspections

    SFAA and Coalition of Partners Encourage Lawmakers to Require Essential Surety Bonding Protections on All Federally-Financed Projects Receiving WIFIA Funds

    Insolvency of Primary Carrier Does Not Invoke Excess Coverage

    Judge Who Oversees Mass. Asbestos Docket Takes New Role As Chief Justice of Superior Court

    BIM Legal Liabilities: Not That Different

    Three Recent Cases Strike Down Liquidated Damages Clauses In Settlement Agreements…A Trend Or An Aberration?

    Los Angeles Seeks Speedier Way to Build New Affordable Homes

    Insurer Has Duty to Defend Despite Construction Defects

    Sanctions of $1.6 Million Plus Imposed on Contractor for Fabricating Evidence

    Georgia Supreme Court Determines Damage to "Other Property" Not Necessary for Finding Occurrence
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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. 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

    'You're Talking About Lives': The New Nissan Stadium

    August 26, 2024 —
    The new Tennessee Titans sports complex rising up on the banks of the Cumberland River in Nashville is a big project no matter how you look at it. Nissan Stadium will have 60,000 seats, cover 1.85 million square feet and cost an estimated $2.1 billion. Four contractors are involved, operating under a joint venture called the Tennessee Builders Alliance: Turner Construction Co., AECOM Hunt, Polk & Associates Construction and I.C.F. Builders & Consultants. And nearly 20,000 workers will play a role over the project’s three-year timeline. The sheer size and scope of the job led Tyler White, TBA’s environmental health and safety director, to think that the project needed to approach safety on a similar scale. The result is a first-of-its-kind public-private partnership between the Tennessee Occupational Safety and Health Administration and TBA. “I thought it would be a good idea,” White says. “I know they’re stretched thin, but [we’re] very appreciate of advocating and allocating their resources.” Reprinted courtesy of Grace Austin, Construction Executive, a publication of Associated Builders and Contractors. All rights reserved. Read the full story...

    Wave Breaker: How a Living Shoreline Will Protect a Florida Highway and Oyster Bed

    December 23, 2024 —
    A living shoreline being constructed in the Florida Panhandle's Apalachicola Bay is protecting a critical local highway, while fostering marsh areas and oyster habitat that’s seen years of decline. Read the full story...
    Reprinted courtesy of Derek Lacey, Engineering News-Record
    Mr. Lacey may be contacted at laceyd@enr.com

    Congratulations to Partner Nicole Whyte on Receiving the Marcus M. Kaufman Jurisprudence Award

    September 30, 2024 —
    On Thursday, September 19th, BWB&O Partner Nicole Whyte and her fellow recipients Michael Ermer and Hon. Kirk Nakamura (Ret.) were honored at this year’s Jurisprudence Awards Dinner, a fundraiser benefitting the Anti-Defamation League! Thank you to BWB&O Co-Founder and Nicole’s longtime business partner and friend Keith Bremer for his thoughtful introduction and for presenting her with the award, and to BWB&O’s team who joined the event to support Nicole Whyte. Since 1993, the Anti-Defamation League has presented the Marcus M. Kaufman Jurisprudence Award to attorneys who make exceptional contributions to the legal profession and community. ADL’s mission is to stop defamation and secure justice and fair treatment for all people. To learn more about ADL, please visit adl.org Read the full story...
    Reprinted courtesy of Dolores Montoya, Bremer Whyte Brown & O'Meara LLP

    Connecticut Reverses Course for Construction Managers on School Projects

    August 05, 2024 —
    On June 6, 2024, Connecticut Governor Ned Lamont signed into law Public Act 24-151 (H.B. 5524) (Bill 5524). Bill 5524 authorized and adjusted bonds of the state and provisions related to state and municipal tax administration, as well as addressed school building projects. Notably, Bill 5524 removed the ban on construction managers self-performing work on public school construction projects, effective July 1, 2024. Allowing construction managers to self-perform certain portions of the work, such as general trades, subject to the standard bidding requirements, is a common industry practice that, theoretically, reduces total project costs by reducing the amount of subcontracted work. However, proponents of banning self-performance argue that construction managers have too much information to bid fairly and competitively. Reprinted courtesy of Anand Gupta, Robinson+Cole Mr. Gupta may be contacted at agupta@rc.com Read the full story...

    It’s Not What You Were Thinking!

    December 10, 2024 —
    At least it is not what the lower court was thinking… but the same result for a general contractor seeking to have its comprehensive general liability insurer pay the GC’s defense related to claims for physical damage on a construction project. In reviewing the Massachusetts federal district court’s ruling in favor of the insurer, the United States First Circuit Court of Appeals posited: “The principal question is whether a general contractor’s CGL insurance policy covers damage to a non-defective part of the contractor’s project resulting from a subcontractor’s defective work on a different part of that project.” The district court had held under Massachusetts law that the insurer had no duty to defend because the lawsuit “did not allege ‘property damage’ caused by an ‘ occurrence,’ as required for coverage” under the policy (a defense that was urged by the insurer). The Court of Appeals affirmed, “albeit for different reasons.” Read the full story...
    Reprinted courtesy of Daniel Lund III, Phelps
    Mr. Lund may be contacted at daniel.lund@phelps.com

    Will the AI Frenzy Continue in 2025?

    January 14, 2025 —
    In AEC technology, 2024 was undoubtedly the year of AI. Every company seemed to announce its pledge to embrace artificial intelligence in the coming years, not to mention the numerous startups that peppered their pitch decks with promises of bleeding-edge innovation. Tech developers who had been using machine learning before the generative AI boom were delighted. They no longer needed to invest significant resources in convincing the industry of AI’s potential. The mainstream success of generative AI in 2024 created a ripple effect, making AEC firms eager to explore and adopt AI solutions. Many all-digital startups also got a boost from the AI frenzy, even though many significant innovations happened in hardware and material technology that did not rely on AI. Read the full story...
    Reprinted courtesy of Aarni Heiskanen, AEC Business
    Mr. Heiskanen may be contacted at aec-business@aepartners.fi

    Governor Bob Ferguson’s Recent Executive Orders – A Positive Sign for Washington’s Construction Industry

    January 21, 2025 —
    On January 15th, in his first act as Washington’s Governor, Bob Ferguson signed three executive orders, two of which may have a direct impact by removing some of the “red tape” that stifles Washington’s construction industry. This appears to be a positive sign that the Governor’s office is focused on pragmatic action, rather than partisan politics. Executive Order 25-02 is entitled “Assessing Regulatory Efficiency and Addressing Washington’s Affordable Housing Crisis” and directs all executive and small cabinet agencies (collectively, “State Agencies”) to review their rules and regulations and prepare a report for the Governor’s Office that identifies rules or regulations that impact the construction of new housing. The reports will also identify rules or regulations that are no longer necessary and can be rescinded, rules or regulations that can be amended to speed up housing construction. The reports will include descriptions of proposed amendments to such rules and regulations. The reports must be provided to the Governor’s Office within sixty days. Read the full story...
    Reprinted courtesy of Ryan Sternoff, Ahlers Cressman & Sleight
    Mr. Sternoff may be contacted at ryan.sternoff@acslawyers.com

    Navigating Construction Contracts in the Energy Sector – Insights from Sheppard Mullin’s Webinar Series

    October 01, 2024 —
    Construction contracts in the energy sector involve unique challenges and risks, particularly with respect to bonds and mechanic’s liens. Understanding how to navigate these challenges is key to protecting your projects from disputes with general contractors, subcontractors and suppliers. In our recent webinar, “Construction Contracts: Bond and Mechanic’s Lien Primer for Energy Projects,” I was joined by my Sheppard Mullin colleagues Chris Kolosov and Emily Anderson to discuss navigating common contract pitfalls and negotiation strategies to protect your interests. Here are our key takeaways.
    1. Know Local Mechanic’s Lien Laws: Mechanic’s liens are statutory and vary significantly from state to state. It is critical to understand the local laws and regulations at play in your project’s jurisdiction.
    Read the full story...
    Reprinted courtesy of Cesar Pereira, Sheppard Mullin
    Mr. Pereira may be contacted at cpereira@sheppardmullin.com