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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
    Anaheim California Building Consultant 10/ 10


    Building Consultant News and Information
    For Anaheim California


    Be a Good Neighbor: Protect Against Claims by an Adjacent Landowner During Construction

    Hawaii Appellate Court Finds Appraisers Limited to Determining Amount of Loss

    School System Settles Design Defect Suit for $5.2Million

    General Liability Alert: ADA Requirements Pertaining to Wall Space Adjacent to Interior Doors Clarified

    Arbitration is Waivable (Even If You Don’t Mean To)

    Henderson Land to Spend $839 Million on Hong Kong Retail Complex

    Contractor Definition Central to Coverage Dispute

    Conflict of Interest Accusations may Spark Lawsuit Against City and City Manager

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

    What California’s COVID-19 Reopening Means for the Construction Industry

    Got Licensing Questions? CSLB Licensing Workshop November 17th and December 15th

    The Colorado Supreme Court holds that loans made to a construction company are not subject to the Mechanic’s Lien Trust Fund Statute

    New Case Law Alert: Licensed General Contractors Cannot Sue Owners to Recover Funds for Work Performed by An Unlicensed Subcontractor

    Create a Culture of Safety to Improve Labor Recruitment Efforts

    Meet the Forum's In-House Counsel: J. PAUL ALLEN

    Nine ACS Lawyers Recognized as Super Lawyers – Two Recognized as Rising Stars

    Construction May Begin with Documents, but It Shouldn’t End That Way

    IRMI Expert Commentary: Managing Insurance Coverage from Multiple Insurers

    Proposition 65: OEHHA to Consider Adding and Delisting Certain Chemicals of Concern

    School District Settles Construction Lawsuit with Additional Million

    Preliminary Notice Is More Important Than Ever During COVID-19

    Crane Firm Pulled Off NYC Projects Following Multiple Incidents

    Civil RICO Case Against Johnny Doc Is Challenging

    Luxury Villa Fraudsters Jailed for Madeira Potato Field Scam

    Haight Ranked in 2018 U.S. News - Best Lawyers "Best Law Firms" List

    Houston’s High Housing Demand due to Employment Growth

    Amazon HQ2 Puts Concrete on an Embodied Carbon Diet

    Traub Lieberman Attorneys Jessica Burtnett and Jessica Kull Obtain Dismissal of Claim Against Insurance Producer Based Upon Statute of Limitations

    Arbitrator May Use Own Discretion in Consolidating Construction Defect Cases

    Deterioration Known To Insured Forecloses Collapse Coverage

    Lumber Drops to Nine-Month Low, Extending Retreat From Record

    Insurer's Motion for Summary Judgment in Collapse Case Denied

    Colorado Governor Polis’s Executive Order D 2020 101: Keeping Up with Colorado’s Shifting Eviction Landscape during COVID-19

    Construction Costs Must Be Reasonable

    Google’s Biggest Moonshot Is Its Search for a Carbon-Free Future

    A Survey of New Texas Environmental and Regulatory Laws Enacted in the 88th Session (Updated)

    Eleven Newmeyer Dillion Attorneys Named to 2023 U.S. News Best Lawyers in Multiple Practice Areas

    New York Developer gets Reprieve in Leasehold Battle

    Enhanced Geothermal Energy Could Be the Next Zero-Carbon Hero

    Insured's Collapse Claim Survives Summary Judgment

    Contractor Wins in Arbitration Only to Lose Before the Superior Court on Section 7031 Claim

    Changes to Arkansas Construction and Home Repair Laws

    Homebuilders Offer Hope for U.K. Economy

    How Algorithmic Design Improves Collaboration in Building Design

    Vietnam Expands Arrests in Coffee Region Property Probe

    No Coverage Based Upon Your Prior Work Exclusion

    Indiana Court Enforces Contract Provisions rather than Construction Drawing Markings

    Three Attorneys Named Among The Best Lawyers in America 2018

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    Real Estate & Construction News Round-Up (11/03/21)
    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. Leveraging 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

    Thirteen Payne & Fears Attorneys Honored by Best Lawyers

    August 19, 2024 —
    Congratulations to the 13 Payne & Fears attorneys included in the 2025 Edition of “Lawyer of the Year,” The Best Lawyers In America®, and Best Lawyers: Ones to Watch®. Attorneys have been recognized in the following practice areas: 2025 Edition “Lawyer of the Year” Orange County Benjamin A. Nix
    • Trade Secrets Law
    Daniel F. Fears
    • Litigation – Labor and Employment
    Read the full story...
    Reprinted courtesy of Payne & Fears LLP

    Beth Cook Expands Insurance Litigation Team at Payne & Fears

    September 30, 2024 —
    Beth Cook has joined Payne & Fears LLP as Counsel in the firm’s Insurance Litigation Group. With 18 years of legal experience, Beth brings a wealth of knowledge to her practice, focusing on insurance coverage and litigation. “We are excited to welcome Beth to P&F! She brings a great deal of experience to our Insurance Litigation Group as we continue to grow the practice group,” said Sarah Odia, the group’s co-chair. “We look forward to working with Beth and welcome her fresh perspectives.” Get to Know Beth What activities do you enjoy outside of work? Travel, sporting events, movies, craft breweries, and wineries. Read the full story...
    Reprinted courtesy of Beth A. Cook, Payne & Fears
    Ms. Cook may be contacted at bac@paynefears.com

    Las Vegas Stadium for Athletics, Now $1.75B Project, Gains Key OK

    December 31, 2024 —
    Construction start of a new stadium in Las Vegas to host the former Oakland, Calif.-based Athletics Major League Baseball team gained a key approval on Dec. 5, with the municipal stadium authority unanimously greenlighting the now $1.75-billion facility. Read the full story...
    Reprinted courtesy of Doug Puppel, ENR

    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

    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

    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

    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

    Lawsuit Gives Teeth to Massachusetts Pay Law

    September 16, 2024 —
    “The Massachusetts Legislature passed the state’s Prompt Pay Act 14 years ago to improve the downstream flow of money on most large-scale private construction projects. While the act established detailed protocols for administering applications for payment and other important construction phase processes, several questions about its interpretation and impact remained unanswered. Over the years, I watched as a significant portion of the Massachusetts design and construction community either ignored the law’s exacting requirements or were unaware of their applicability. The first indication of how the act would be interpreted came in 2022, when the state appeals court decided Tocci Building Corp. v. IRIV Partners LLC. In that case, the court strictly construed the act. It held that an owner (and its agent) who failed to promptly advise the project’s general contractor of specific factual and legal reasons why it was withholding payment, coupled with a failure to certify that funds were being withheld in good faith, violated the law—making the contractor liable for the unpaid funds. Read the full story...
    Reprinted courtesy of Joseph Barra, Robinson+Cole
    Mr. Barra may be contacted at jbarra@rc.com