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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
    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
    Anaheim California Building Consultant 10/ 10


    Building Consultant News and Information
    For Anaheim California


    Congratulations to BWB&O’s Los Angeles Office on Another Successful MSJ!

    District of Oregon Predicts Oregon’s Place in “Plain Meaning” Pollution Camp

    Wildfire Insurance Coverage Series, Part 7: How to Successfully Prepare, Submit and Negotiate the Claim

    What is a “Force Majeure” Clause? Do I Need one in my Contract? Three Options For Contractors, Subcontractors and Suppliers to Consider

    Construction and Contract Issues Blamed for Problems at Anchorage Port

    Paycheck Protection Program Forgiveness Requirements Adjusted

    Insurer Must Defend Claims of Negligence and Private Nuisance

    Montana Federal District Court Finds for Insurer in Pollution Coverage Dispute

    Contractor’s Charge Of Improvements To Real Property Not Required For Laborers To Have Lien Rights

    Mass. Gas Leak Follows NTSB Final Report, Call for Reforms

    How Will Artificial Intelligence Impact Construction Litigation?

    Foreign Entry into the United States Construction, Infrastructure and PPP Markets

    2023 Executive Insights From Leaders in Construction Law

    Arizona – New Discovery Rules

    PAGA Right of Action Not Applicable to Construction Workers Under Collective Bargaining Agreement

    Legal Fallout Begins Over Delayed Edmonton Bridges

    Meet D1's Neutrals Series: KENNETH FLOREY

    Best Lawyers® Recognizes 38 White and Williams Lawyers

    Berkeley Researchers Look to Ancient Rome for Greener Concrete

    New York Converting Unlikely Buildings into Condominiums

    SCOTUS to Weigh Landowners' Damage Claim Against Texas DOT

    Highest Building Levels in Six Years in Southeast Michigan

    BWB&O’s Los Angeles Office Obtains Major Victory in Arbitration!

    Judge Dismisses Suit to Block Construction of Obama Center

    Expert's Opinions On Causation Leads Way To Summary Judgment For Insurer

    Water Drainage Case Lacks Standing

    No Coverage for Additional Insured After Completion of Operations

    Providing Notice of Claims Under Your Construction Contract

    Are You a Construction Lienor?

    Property Owner’s Defense Goes Up in Smoke in Careless Smoking Case

    Motion to Dismiss Insureds' Counterclaim on the Basis of Prior Knowledge Denied

    Starting July 1, 2020 General Contractors are “Employers” for All Workers on Their Jobsite

    Which Cities have the Most Affordable Homes?

    Reminder About the Upcoming Mechanic’s Lien Form Change

    Traub Lieberman Partner Lisa Rolle Wins Summary Judgment on Behalf of Contract Utility Company in Personal Injury Action

    GE to Repay $87 Million for Scaled-Back Headquarters Plan

    Arctic Roads and Runways Face the Prospect of Rapid Decline

    Waiver Of Arbitration by Not Submitting Claim to Initial Decision Maker…Really!

    Sinking Floor Does Not Meet Strict Definition of Collapse

    Development in CBF Green Building Case in Maryland

    Construction Litigation Roundup: “You May Want an Intervention …”

    City of Seattle Temporarily Shuts Down Public Works to Enforce Health and Safety Plans

    Fla. Researchers Probe 'Mother of All Sinkholes'

    U.S. Department of Justice Settles against Days Inn

    Governor Signs AB5 Into Law — Reshaping California's Independent Contractor Classification Landscape

    Florida Self-Insured Retention Satisfaction and Made Whole Doctrine

    New York Labor Laws and Action Over Exclusions

    Changes to Judicial Selection in Mexico Create a New Case for Contractual ADR Provisions

    When Employer’s Liability Coverage May Be Limited in New York

    Update: Supreme Court Issues Opinion in West Virginia v. EPA
    pplier over Defective Products

    Oregon Supreme Court Confirms Broad Duty to Defend

    New York Court Discusses Evidentiary Standards for Policy Rescission Based on Material Misrepresentation

    Steps to Curb Construction Defect Actions for Homebuilders

    The Independent Tort Doctrine (And Its Importance)

    Certain Private Projects Now Fall Under Prevailing Wage Laws. Is Yours One of Them?

    Unlicensed Contractor Shoots for the Stars . . . Sputters on Takeoff

    Transition Study a Condo Board’s First Defense against Construction Defects

    EEOC Sues Schuff Steel, J.A. Croson in New Racial Harassment Cases

    Newmeyer Dillion Named 2023 Best Law Firm in Multiple Practice Areas By U.S. News-Best Lawyers

    The “Ugly” Property Next Door is Ruining My Property Value
    Corporate Profile

    ANAHEIM CALIFORNIA BUILDING CONSULTANT
    DIRECTORY AND CAPABILITIES

    The Anaheim, California Building Consultant Group is comprised from a number of credentialed construction professionals possessing extensive trial support experience relevant to construction defect and claims matters. Leveraging from more than 25 years experience, BHA provides construction related trial support and expert services to the nation's most recognized construction litigation practitioners, Fortune 500 builders, commercial general liability carriers, owners, construction practice groups, and a variety of state and local government agencies.

    Building Consultant News & Info
    Anaheim, California

    Navigating Casualty Challenges and Opportunities

    October 07, 2024 —
    US casualty has arguably been the hottest topic in the sector over the last year amid growing concerns over deteriorating loss trends. E&S Insurer talks to Kyle Sternadori, head of wholesale excess casualty at Navigators, a brand of The Hartford. Featured in the July 2024 edition of E&S Insurer. How are you approaching current E&S excess casualty market dynamics? We are focusing on loss trends, such as rising loss costs, and staying ahead of those trends. As an excess market there are ways to do that: managing capacity and limits deployment across the portfolio; working internally amongst claims, actuarial, data science to stay ahead of that; and using your own data. Staying ahead of the curve is essentially what we're trying to do. It started for us probably even before the market hardened. You saw towers of coverage that used to be maybe three markets and nowadays it could be 10 to 15 markets for similar coverage, with each market minimizing its downside. Read the full story...
    Reprinted courtesy of Kyle Sternadori, The Hartford

    When Every Drop Matters, Cities Turn to Watertech

    November 25, 2024 —
    We all need water to survive—but access to the liquid lifeline isn’t always a given. With a shifting climate and ever-increasing agricultural and industrial demands on this limited commodity, UNICEF predicts that by 2025, half of the world’s population could be living in areas facing water scarcity. On top of the obvious resource drains, many countries are losing surprising amounts of potable water to leaks. For example, in the United States alone, an estimated 6 billion gallons of treated drinking water seep out of its supply every day due to aging pipelines and undetected leaks. “Smart” water innovations may offer conservation solutions, though. As part of an overall smart city scheme, where internet of things (IoT) devices work hand-in-hand with AI to improve daily life, many municipalities are giving their water systems a makeover. From new meters to irrigation and pipeline maintenance, we look at some of the key intelligent technologies that endeavor to improve how we harness our water supply. Read the full story...
    Reprinted courtesy of James B. Bobotek, Pillsbury
    Mr. Bobotek may be contacted at james.bobotek@pillsburylaw.com

    Construction Litigation Roundup: “D’Oh!”

    August 12, 2024 —
    The U.S. DOL found itself on June 24 on the wrong end of a preliminary injunction concerning recent changes to the Davis-Bacon Act. The lawsuit, initiated in Texas federal court by the Associated General Contractors of America and other concerned citizens, sought a preliminary injunction barring implementation and enforcement of “specified portions of § 5.2 and § 5.5(e) of the DOL’s ‘Updating the Davis-Bacon and Related Acts Regulations’” – the “Final Rule,” published August 23, 2023. After determining the appropriateness of the “standing” of the plaintiffs based upon the plaintiffs being “adversely affected” by the Final Rule, the federal court preliminarily enjoined enforcement of the Final Rule. In noting its disagreement with the Final Rule, the court stated:
    “… the Final Rule amends the DBA [the Davis-Bacon Act] by imposing a stealth selfimplementing DBA requirement in the contract by an operation-of-law provision that contradicts the express statutory language of the Act [the court bristling at the idea that contracts might exclude with impunity the otherwise mandated DBA clauses]. Further, the Final Rule amends the Act to extend the DBA to apply to workers who are not mechanics and laborers, and to extend the scope of the work covered by DBA to include work is not performed ‘directly on the site of the work.’
    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 (12/4/24) – Highest Rate of Office Conversions, Lending Caps for Fannie Mae and Freddie Mac and Affordability Challenges for Homebuyers

    December 23, 2024 —
    In our latest roundup, infrastructure-related ballot initiatives, U.S. Green Building Council’s success stories, support for sustainable building, and more!
    • 2024 is expected to see the highest rate of office conversions since CBRE began tracking them in 2016. (Nish Amarnath, SmartCities Dive)
    • The Federal Housing Finance Agency has established lending caps of $73 billion each for Fannie Mae and Freddie Mac, allowing them to purchase a total of up to $146 billion in multifamily loans in 2025. (Leslie Shaver, Multifamily Dive)
    • A number of infrastructure-related initiatives with the potential to impact facilities managers were on the ballot during the 2024 U.S. presidential election. (Joe Burns, Construction Dive)
    Read the full story...
    Reprinted courtesy of Pillsbury's Construction & Real Estate Law Team

    Spain Risks €10.6 Billion Flood Damage Bill, Sanchez Says

    November 25, 2024 —
    Spanish Prime Minister Pedro Sanchez announced the first financial package for victims of the storms that killed more than 200 people in the country’s eastern region of Valencia. Spain will earmark as much as €10.6 billion ($11.5 billion) for its first relief package and more will be announced in the future, Sanchez said in a press conference Tuesday in Madrid. The package includes direct aid for households, self-employed workers and firms; state-backed credit guarantees for companies and residents; and funds for city governments to pay for repairs and reconstruction. Reprinted courtesy of Rodrigo Orihuela, Bloomberg, Macarena Munoz Montijano, Bloomberg and Jorge Zuloaga, Bloomberg Read the full story...

    Behavioral Science Meets Construction: Insights from Whistle Rewards

    September 09, 2024 —
    In this episode of the AEC Business Podcast, Aarni Heiskanen hosts Drew Carter, CEO of Whistle Rewards, and Dr. Laurel Newman, a behavioral scientist, to discuss instant rewards for driving behavioral change in construction. Laurel shares her psychology background and academic career, studying how the environment influences behavior. Drew introduces himself as a data scientist, focusing on predictive modeling. Tune in to learn how they collaborate to create motivating environments in the construction industry. Whistle Rewards is a platform specializing in rewards, recognition, and incentives in the AEC industry. It is designed to enhance employee engagement, safety compliance, performance, and technology adoption in construction companies. The Guests Drew Carter, CEO and Co-Founder at Whistle Systems, Inc. Drew is improving employee retention using data science and behavioral science. Read the full story...
    Reprinted courtesy of Aarni Heiskanen, AEC Business
    Mr. Heiskanen may be contacted at aec-business@aepartners.fi

    Thank You for 18 Straight Years in the Virginia Legal Elite in Construction Law

    December 31, 2024 —
    Thank you once again to those in the Virginia legal community who elected me to the Virginia Business Legal Elite in the Construction Law category for the 18th consecutive year. The 18 consecutive years of election to the Legal Elite in the Construction Category span my nearly 15 years as a solo construction attorney. The fact that you all have continued to elect “100%” of the lawyers at The Law Office of Christopher G. Hill, PC for the last 14 years is most gratifying and only confirms that my decision to “go solo” over 14 years ago was a good one. To be included in this list of top construction attorneys is both humbling and gratifying. For the complete list of the Virginia construction lawyers who were elected along with me, see the 2024 Virginia Business Legal Elite in Construction Law. Read the full story...
    Reprinted courtesy of The Law Office of Christopher G. Hill
    Mr. Hill may be contacted at chrisghill@constructionlawva.com

    Kahana Feld Receives 2024 OCCDL Top Legal Organizations for DEI Award

    September 30, 2024 —
    IRVINE, CA – Sep. 12, 2024 – Kahana Feld is pleased to announce that the firm received the 2024 Top Legal Organizations for DEI Award from the Orange County Coalition for Diversity in the Law (OCCDL). The firm will be recognized at an awards gala at The Westin South Coast Plaza on October 3. Each year, the OCCDL recognizes individuals and organizations who have advanced diversity, equity, and inclusion in the Orange County legal community, whether through their excellence in the law or their direct efforts to promote DEI. Kahana Feld was recognized for programs such as its DEI book club and its regular webinars on topics like implicit bias. The firm supports various DEI organizations and initiatives in the Orange County area, including the Orange County Asian American Bar Association, the Orange County Women Lawyers Association, and the Jewish Federation of Orange County. The OCCDL is a collaborative effort of professionals from leading Orange County law firms and other community partners promoting the advancement of diverse attorneys in Orange County. The OCCDL partners with local schools and organizations to increase community involvement and provides education focused on diversity to students and attorneys. Read the full story...
    Reprinted courtesy of Linda Carter, Kahana Feld
    Ms. Carter may be contacted at lcarter@kahanafeld.com