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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


    Toll Plans to Boost New York Sales With Pricing, Incentives

    Appeals Court Overruled Insured as Additional Insured on Subcontractor’s Commercial General Liability Policy

    Megaproject Savings Opportunities

    North Carolina Should Protect Undocumented Witnesses to Charlotte Scaffolding Deaths, Unions Say

    COVID-19 Could Impact Contractor Performance Bonds

    Hawaii Supreme Court Reaffirms an "Accident" Includes Reckless Conduct, Finds Green House Gases are Pollutants

    A Year-End Review of the Environmental Regulatory Landscape

    Project-Specific Commercial General Liability Insurance

    New Jersey Courts Speed Up Sandy Litigation

    Florida Project Could Help Address Runoff, Algae Blooms

    Third Circuit Vacates Judgment for Insurer on Alleged Construction Defect Claim

    Contractors Can No Longer Make Roof Repairs Following Their Own Inspections

    Building 47 Bridges in Two Years

    Major Changes in Commercial Construction Since 2009

    County Elects Not to Sue Over Construction Defect Claims

    Form Contracts are Great, but. . .

    School District Practice Bulletin: Loose Lips Can Sink More Than Ships

    CISA Clarifies – Construction is Part of Critical Infrastructure Activities

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    How Concrete Mistakes Added Cost to the Recent Frederick Douglass Memorial Bridge Project

    Developer Boymelgreen Forced to Hand Over Financial Records for 15 Broad Street

    Advice to Georgia Homeowners with Construction Defects

    Litigation Roundup: “You Can’t Make Me Pay!”

    Edison Utility Accused of Igniting LA Fire in Lawsuits

    There’s Still No Amazon for Housing, But Fintech’s Working on It

    Insurer Must Defend Contractor Against Claims of Faulty Workmanship

    My Construction Law Wish List

    2018 Legislative Changes Affecting the Construction Industry

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    Washington Supreme Court Interprets Ensuing Loss Exception in All-Risk Property Insurance Policy

    Carolinas Storm Damage Tally Impeded by Lingering Floods

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    Type I Differing Site Conditions Claim is Not Easy to Prove

    Ninth Circuit Finds Policy’s Definition of “Policy Period” Fatal to Insurer’s “Related Claims” Argument

    Exploring Architects’ Perspectives on AI: A Survey of Fears and Hopes

    New York Appellate Team Obtains Affirmance of Dismissal of Would-Be Labor Law Action Against Municipal Entities

    London Office Builders Aren’t Scared of Brexit Anymore

    Court Upholds Denial of Collapse Coverage Where Building Still Stands

    When is a “Notice of Completion” on a California Private Works Construction Project Valid? Why Does It Matter for My Collection Rights?

    State Farm Unsuccessful In Seeking Dismissal of Qui Tam Case

    Construction Law Client Alert: California’s Right to Repair Act (SB 800) Takes Another Hit, Then Fights Back

    English v. RKK. . . The Rest of the Story

    BUILD Act Inching Closer To Reality

    New York Restrictions on Flow Through Provision in Subcontracts

    Revolutionizing Buildings with Hybrid Energy Systems and Demand Response

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    Traub Lieberman Attorneys Recognized as 2022 Illinois Super Lawyers® and Rising Stars

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    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

    Avoiding Wage Claims in California Construction

    November 25, 2024 —
    For both private works projects and state and local public works projects in California, higher-tiered contractors can find themselves opening up their wallets if their lower-tiered subcontractors fail to pay their workers. And if you think this is just another one of those crazy California things, think again. Higher-tiered parties on federal public works projects can also be asked to open up their wallets if their lower-tiered subcontractors stiff their workers. While we’re coming upon the season of giving, here’s a Scrooge-like guide on things you can do to avoid finding yourselves on the hook for your lower-tiered subcontractor’s even more Scrooge-like failure to pay their workers. Read the full story...
    Reprinted courtesy of Garret Murai, Nomos LLP
    Mr. Murai may be contacted at gmurai@nomosllp.com

    New Research Shows Engineering Firms' Impact on Economy, Continued Optimism on Business Climate

    October 28, 2024 —
    WASHINGTON – The ACEC Research Institute – the leading source of original research for the business of engineering – released the results of two important studies on the current and future state of the engineering industry, and its role in the overall U.S. economy. The reports, the 2024 Economic Assessment of the Engineering & Design Services Industry and the Engineering Business Sentiment Report for 2024 Q4, both point to continued optimism for the industry and its firms, though somewhat softened compared to previous quarters. "This research shows the outsized impact the engineering industry has on the American economy," said ACEC Research Institute Chair Mike Carragher. "As the engineering industry's contributions grow year over year, the Institute's research helps firm executives position their businesses for a successful future." All told, the industry added $656 billion to the U.S. GDP in 2023, supported well over five million jobs directly or indirectly, and contributed $92 billion to federal tax coffers, with an additional $44 billion in state and local taxes. Overall, the report found that the engineering and design services industry has continued to build on its year-over-year post-COVID gains, growing 5.5% in 2023 to $436 billion, with much of that growth driven by infrastructure projects. Non-residential and non-building construction, flush with government funding through the IIJA and Inflation Reduction Act, remained on an upward trajectory.

    Insured Fails to Provide Adequate Proof of Water Damage Through Roof

    December 10, 2024 —
    The federal district court granted the insurer's motion for summary judgment due on the insured's claims for water damage to a church. Unity Church of God in Christ of York v. Church Mutual Ins. Co., 2024 U.S. Dist. LEXIS 163204 (M.D. Pa. Sept. 11, 2024). Unity Church alleged that it suffered a sudden and accidental direct physical loss to its church. Wind damage to the roof of the church allowed rainwater to leak into the sanctuary of the church. Notice was given to Church Mutual Insurance Company, but coverage was denied. Unity Church filed suit alleging breach of contract. Church Mutual answered and asserted a counterclaim for a declaratory judgment that the water damage to the church was outside the policy's coverage because the damage was caused by rain. Church Mutual filed for summary judgment. Read the full story...
    Reprinted courtesy of Tred R. Eyerly, Damon Key Leong Kupchak Hastert
    Mr. Eyerly may be contacted at te@hawaiilawyer.com

    Meet Your Future Team Members: AI Agents

    December 10, 2024 —
    If you’ve been following the discussion around AI, you’re familiar with the concept of AI agents. AI agents can be understood as intelligent automation that operates independently, monitoring its environment and taking action without constant human input. Unlike traditional software requiring specific inputs to produce predictable outputs, AI agents can adapt to varying conditions and user needs. AI agents can be based on various technologies, including Large Language Models. They can also be constructed using other AI technologies, such as rule-based systems, machine learning algorithms, and specialized models tailored to specific tasks. Read the full story...
    Reprinted courtesy of Aarni Heiskanen, AEC Business
    Mr. Heiskanen may be contacted at aec-business@aepartners.fi

    Sources of Insurance Recovery for Emerging PFAS Claims

    December 17, 2024 —
    This year, the Environmental Protection Agency (“EPA”) issued its first-ever national, legally enforceable drinking water standard to protect communities from exposure to harmful per-and polyfluoroalkyl substances (“PFAS”), also known as “forever chemicals.”[1] In addition, the Food and Drug Administration announced that grease-proofing materials containing PFAS are no longer being sold for use in food packaging in the United States.[2] These are likely the first in a line of many PFAS regulations that will emerge as the harmful effects of PFAS are further understood. With this increasing regulatory focus on PFAS and their harmful effects, companies whose operations might involve these substances should be aware of what they are and potential sources of recovery for claims that arise from their omnipresence. PFAS Background According to the EPA, PFAS are widely used, long-lasting chemicals which break down slowly over time.[3] PFAS can be found in thousands of items, including, but not limited to: pots and pans, cleaning products, fabric and leather coatings, firefighting foam, carpeting, roofing materials, paints, sealants, caulks, and adhesives.[4] Additionally, manufacturing processes, waste storage, and treatment sites commonly release PFAS into the air, soil, and water.[5] Read the full story...
    Reprinted courtesy of Jasjeet K. Sahani, Saxe Doernberger & Vita, P.C.
    Ms. Sahani may be contacted at JSahani@sdvlaw.com

    '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...

    San Francisco Office Secures Defense Verdict in Legal Malpractice Action

    November 25, 2024 —
    San Francisco, Calif. (October 31, 2024) - After a ten-day jury trial in San Francisco Superior Court, Partner Alex Graft recently secured a defense verdict in a legal malpractice action arising out of underlying litigation with the claimants’ homeowners association. The claimants alleged his client attorneys negligently advised them that the terms of the settlement agreement would result in the creation of a so-called independent board of directors for the homeowners association. It did not come to fruition. After the attorneys withdrew, they sued for their outstanding fees, which elicited a cross-complaint alleging malpractice, breach of fiduciary duty, breach of contract and negligent misrepresentation. Read the full story...
    Reprinted courtesy of Lewis Brisbois

    Urban Retrofits, Tall Buildings, and Sustainability

    January 14, 2025 —
    As I took a small break between cases and contract reviews, an article in the November 2, 2009 issue of ENR Magazine caught my eye. The article discusses the efforts of a Chicago architect to create a holistic approach to the renovation and “de-carbonization” of the Chicago Loop area. The plan involves large scale energy retrofits and sustainable reuse of Chicago’s tall buildings. Another interesting aspect of this article points out that tall buildings in general have hit the construction skids in the US and Latin America, this is not the case in Europe and the Middle East. However, those buildings that are going up (and up and up) are trying to go “green.” Several of the worlds tallest buildings, or soon to be so, are seeking LEED gold or platinum certification. These two trends, in my view, are healthy. First of all, much like the goal of Build2Sustain, the Chicago effort is a move toward sustainable reuse and retrofit/renovation. I see this as a great trend and a way to perform the “Three R’s” (Reduce, Reuse, Recycle), by reusing existing building materials and footprints without the cost and use of newer materials from tear downs and rebuilds. Read the full story...
    Reprinted courtesy of The Law Office of Christopher G. Hill
    Mr. Hill may be contacted at chrisghill@constructionlawva.com