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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
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    Building Consultant News and Information
    For Anaheim California


    Traub Lieberman Recognized in 2022 U.S. News – Best Lawyers “Best Law Firms”

    No Prejudicial Error in Refusing to Give Jury Instruction on Predominant Cause

    Congratulations to San Diego Partner Alex Giannetto and Senior Associate Michael Ibach on Settling a Case 3 Weeks Into a 5-Week Trial!

    Accessibility Considerations – What Your Company Should Be Aware of in 2021

    10-story Mass Timber 'Rocking' Frame Sails Through Seismic Shake Tests

    The “Right to Repair” Construction Defects in the Rocky Mountain and Plains Region

    BHA Sponsors the 9th Annual Construction Law Institute

    The Nightmare Scenario for Florida’s Coastal Homeowners

    California Supreme Court Finds Vertical Exhaustion Applies to First-Level Excess Policies

    No Coverage For Construction Defects Under Alabama Law

    Does “Faulty Workmanship” Constitute An Occurrence Under Your CGL Policy?

    New Jersey Traffic Circle to be Eliminated after 12 Years of Discussion

    One Way Arbitration Provisions are Enforceable in Virginia

    BHA Expands Construction Experts Group

    Beam Cracks Cause Closure of San Francisco’s New $2B Transit Center

    Autovol’s Affordable Housing Project with Robotic Automation

    Surge in Home Completions Tamps Down Inflation as Fed Meets

    Landmark Montana Supreme Court Decision Series: Trigger and Allocation

    No Duty to Defend Faulty Workmanship Under Hawaii Law, but All is not Lost for Insured Contractor

    SB800 CONFIRMED AS EXCLUSIVE REMEDY FOR CONSTRUCTION DEFECT CLAIMS

    Extreme Flooding Overwhelms New York Roadways, Killing 1 Person

    Congratulations to Walnut Creek Partner Bryan Stofferahn and Associate Jeffrey Schilling for Winning a Motion for Summary Judgment on Behalf of Their Client, a Regional Grocery Store!

    Architect Sues over Bidding Procedure

    Forecast Sunny for Solar Contractors in California

    The Contributors to This Blog Are Pleased to Announce That….

    Utility Contractor Held Responsible for Damaged Underground Electrical Line

    New York Court Holds That the “Lesser of Two” Doctrine Limits Recoverable Damages in Subrogation Actions

    The Contract Disputes Act: What Every Federal Government Contractor Should Know

    Fire Fears After Grenfell Disaster Set Back Wood Building in UK

    Fifth Circuit Certifies Questions to Texas Supreme Court on Concurrent Causation Doctrine

    Sustainability Puts Down Roots in Real Estate

    Labor Under the Miller Act And Estoppel of Statute of Limitations

    Hirers Must Affirmatively Exercise Retained Control to be Liable Under Hooker Exception to Privette Doctrine

    Understanding Entitlement to Delays and Proper Support

    “Made in America Week” Highlights Requirements, Opportunities for Contractors and Suppliers

    You're Doing Construction in Russia, Now What?

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

    Agree First or it May Cost You Later

    Eighth Circuit Considers Judicial Estoppel in Hazardous Substance Release-Related Personal Injury Case

    CA Senate Report States Caltrans ‘Gagged and Banished’ its Critics

    Deterioration Known To Insured Forecloses Collapse Coverage

    The Law Clinic Paves Way to the Digitalization of Built Environment Processes

    Colorado’s New Construction Defect Law Takes Effect in September: What You Need to Know

    Purse Tycoon Aims at Ultra-Rich With $85 Million Home

    Jobsite Safety Should Be Every Contractors' Priority

    Nevada Supreme Court to Decide Fate of Harmon Towers

    Consequential Damages Flowing from Construction Defect Not Covered Under Florida Law

    The Fourth Circuit Applies a Consequential Damages Exclusionary Clause and the Economic Loss Doctrine to Bar Claims by a Subrogating Insurer Seeking to Recover Over $19 Million in Damages

    Cyber Security Insurance and Design Professionals

    The Metaphysics of When an Accident is an “Accident” (or Not) Under Your Insurance Policy
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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

    Surprising Dismissal of False Claims Act Case Based on Appointments Clause - What Does It Mean?

    October 15, 2024 —
    Atlanta, Ga. (October 1, 2024) - In a surprising turn of events, the U.S. District Court for the Middle District of Florida recently dismissed a False Claims Act (FCA) lawsuit brought by relator Clarissa Zafirov against Florida Medical Associates, LLC, and other defendants. U.S. District Judge Kathryn Kimball Mizelle ruled that the FCA’s qui tam provisions, which allow private individuals to bring lawsuits on behalf of the government, violate the Constitution’s Appointments Clause. This decision follows another unexpected ruling by U.S. District Judge Aileen Cannon in the Southern District of Florida, where the court similarly dismissed an indictment against former President Donald Trump based on the same constitutional clause. At the heart of these rulings is the argument that FCA relators - who decide whom to sue, which legal theories to pursue, and how to proceed - exercise significant executive authority. Because they are not appointed by the President, a department head, or a court, the judges concluded that these relators hold their positions unconstitutionally. As a result, Judge Mizelle dismissed the case entirely. Read the full story...
    Reprinted courtesy of Steven H. Lee, Lewis Brisbois
    Mr. Lee may be contacted at Steven.Lee@lewisbrisbois.com

    Untangling Unique Legal Issues in Modern Modular Construction

    September 09, 2024 —
    Modular construction has grown significantly over the last few years and shows no signs of slowing down. This construction method is a departure from traditional approaches where all construction activity occurs onsite. Modular construction involves building standardized project components—usually in an offsite, controlled environment—which are then transported and assembled at the project site. Offsite construction generally allows for better quality control and economic efficiency, as it can utilize an assembly-line process. Modular fabrication can also centralize skilled labor in regions with lower labor costs. Establishing each party's expectations upfront is always important, but even more so in modular construction since much of the construction activity is performed away from the ultimate project site. This requires extensive coordination among designers, fabricators, installers and owners to ensure construction, testing and quality progresses accordingly. Every field change and design clash could have an exponential impact on the modular fabrication efficiencies given the assembly-line approach and remote nature of modular work. Reprinted courtesy of Chad Theriot & Brad Sands, Construction Executive, a publication of Associated Builders and Contractors. All rights reserved. Read the full story...

    Real Estate & Construction News Roundup (7/17/24) – Housing Inflation to Remain High, Proptech Investment to Fall and Office Vacancy Rates to Reach Peak in 2025

    August 26, 2024 —
    In our latest roundup, construction backlog to see positives signs, regional banks to be conservative on buybacks, U.S. metro areas to permit few new housing units, and more!
    • Venture capital investments in proptech and adjacent companies fell 14.3% in the first half of the year. (Leslie Shaver, Multifamily Dive)
    • The expectation of interest rate cuts by the Federal Reserve later this year due to easing inflation and cooling economic growth is a positive sign for construction backlog. (Sebastian Obando, Construction Dive)
    • The U.S. office real estate sector is now in three markets, each with different performance, but the overall office vacancy rate will reach a 21.6% peak in the second half of 2025. (Nish Amarnath, Construction Dive)
    Read the full story...
    Reprinted courtesy of Pillsbury's Construction & Real Estate Law Team

    Contractor Suffolk's Hospital Project Is on Critical List After Steward Health Care Bankruptcy

    January 14, 2025 —
    Before it was hit by troubles that now threaten to kill it, a new hospital being built by Suffolk Construction in Norwood, Mass., was shaping up as a tale of recovery. The existing hospital on the site had been forced to shut most local operations since a devastating rainfall and flood in 2020. Read the full story...
    Reprinted courtesy of Richard Korman, ENR

    Insurer's Motion for Summary Judgment to Dispose of Hail Damage Claim Fails

    November 25, 2024 —
    The court denied the insurer's motion for summary judgment seeking to dismiss the insured's complaint requesting coverage for hail damage and a claim for bad faith. Rodriquez v. State Farm Lloyds, 2024 U.S. Dist. LEXIS 160007 (W.D. Tex. Sept. 5, 2024). Mr. Rodriquez sought coverage under his homeowners policy after a hail and wind storm damaged his roof. After inspection, State Farm agreed that some minimal loss caused by hail was covered, but determined that the covered loss was less than the amount of the deductible. State Farm further determined that any hail damage to the roof was excluded by an endorsement, Exclusion of Cosmetic Loss to Metal Roof Coverings Caused by Hail. State Farm also determined that some damage was caused by previous faulty workmanship or wear and tear, both of which were excluded from coverage. Read the full story...
    Reprinted courtesy of Tred R. Eyerly, Damon Key Leong Kupchak Hastert
    Mr. Eyerly may be contacted at te@hawaiilawyer.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

    Storm Debby Is Deadly — Because It’s Slow

    September 16, 2024 —
    Tropical Storm Debby has killed at least five people as it churns across the US East, where it’s expected to inflict $1 billion or more in damage and losses. One reason for the storm’s destructive power: It’s moving very slowly. Although Debby came ashore with hurricane-strength winds, its rainfall — forecast to exceed two feet in some areas — is even more dangerous. The St. Marys River in northern Florida rose more than 10 feet in one day, while New York will likely see downpours from Debby later in the week. Homes, businesses and farms may be deluged, putting crops and infrastructure at risk. Read the full story...
    Reprinted courtesy of Brian K Sullivan, Bloomberg

    Real Estate & Construction News Roundup (10/1/24) – Hybrid Work Technologies, AI in Construction and the Market for Office Buildings

    November 05, 2024 —
    In our latest roundup, commercial mortgage bond market in trouble, commercial real estate investments, pressure on mortgage REITs, and more!
    • Short-term issues facing U.S. commercial real estate have made it an investment opportunity and values have bottomed out. (CNBC)
    • As organizations report plans to shake up their real estate portfolios, the flight to quality spurs interest in space planning, amenities and hybrid work technologies. (Joe Burns, Facilities Dive)
    • The conversation about AI’s potential benefits and risks has been a common refrain in construction recently. (Matthew Thibault, Construction Dive)
    Read the full story...
    Reprinted courtesy of Pillsbury's Construction & Real Estate Law Team