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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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    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

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    Building Industry Association Southern California - Baldy View Chapter
    Local # 0532
    8711 Monroe Ct Ste B
    Rancho Cucamonga, CA 91730

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    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


    Real Estate & Construction News Round-Up (01/11/23) – Construction Tech, Housing Market Confidence, and Decarbonization

    Construction Reaches Half-Way Point on San Diego's $2.1 Billion Mid-Coast Trolley

    Dispute Over Amount Insured Owes Public Adjuster Resolved

    Seven Key Issues for Construction Professionals to Consider When Dealing With COVID-19

    Excess Carrier Successfully Appeals Primary Insurer’s Summary Judgment Award

    Condominium Construction Defect Resolution in the District of Columbia

    Falling Crime Rates Make Dangerous Neighborhoods Safe for Bidding Wars

    FEMA, Congress Eye Pre-Disaster Funding, Projects

    The Evolution of Construction Defect Trends at West Coast Casualty Seminar

    Hong Kong Property Tycoon Makes $533 Million Bet on Solar

    The Prompt Payment Rollercoaster

    Building Codes Evolve With High Wind Events

    Tort Claims Against an Alter Ego May Be Considered an Action “On a Contract” for the Purposes of an Attorneys’ Fees Award under California Civil Code section 1717

    DOE Abruptly Cancels $13B Cleanup Award to BWXT-Fluor Team

    Resilience: Transforming the Energy Sector – Navigating Land Issues in Solar and Storage Projects | Episode 3 (11.14.24)

    US Supreme Court Backs Panama Canal Owner in Dispute with Builders

    Court’s Ruling on SB800 “Surprising to Some”

    SE 2050 Is In Quixotic Pursuit of Eliminating Embodied Carbon in Building Structures

    School Board Settles Construction Defect Suit

    Wharf Holdings to Sell Entire Sino-Ocean Stake for $284 Million

    Pandemic Magnifies Financial Risk in Construction: What Executives Can Do to Speed up Customer Payments

    Wilke Fleury Attorneys Featured in 2022 Northern California Super Lawyers and Rising Stars Lists

    Two Things to Consider Before Making Warranty Repairs

    Poor Pleading Leads to Loss of Claim for Trespass Due to Relation-Back Doctrine, Statute of Limitations

    Pennsylvania’s Supreme Court Clarifies Pennsylvania’s Strict Liability Standard

    Examining Best Practices for Fire Protection of Critical Systems in Buildings

    Jersey Shore Town Trying Not to Lose the Man vs. Nature Fight on its Eroded Beaches

    Massachusetts Pulls Phased Trigger On Its Statute of Repose

    Nevada Governor Signs Construction Defect Reform Bill

    Court Finds That $400 Million Paid Into Abatement Fund Qualifies as “Damages” Under the Insured’s Policies

    White and Williams Announces Lawyer Promotions

    Protect Against Design Errors With Owners Protective Professional Indemnity Coverage

    Governor Murphy Approves Legislation Implementing Public-Private Partnerships in New Jersey

    Court Addresses When Duty to Defend Ends

    No Coverage Under Ensuing Loss Provision

    Home Prices in 20 U.S. Cities Increased 5% in Year to June

    Attorney-Client Privilege in the Age of Cyber Breaches

    One More Statutory Tweak of Interest to VA Construction Pros

    White and Williams Earns Tier 1 Rankings from U.S. News "Best Law Firms" 2020

    Insurer's Attempt to Strike Experts in Collapse Case Fails

    Making the Construction Industry a Safer place for Women

    A Court-Side Seat: As SCOTUS Decides Another Regulatory “Takings” Case, a Flurry of Action at EPA

    A Lot of Cheap Housing Is About to Get Very Expensive

    Kumagai Drops Most in 4 Months on Building Defect: Tokyo Mover

    Traub Lieberman Partner Stephen Straus Wins Spoliation Motion in Favor of Defendant

    There is No Claims File Privilege in Florida, Despite What Insurers Want You to Think

    OSHA Finalizes PPE Fitting Requirement for Construction Workers

    Takeaways From Schedule-Based Dispute Between General Contractor and Subcontractor

    Can a Lease Force a Tenant's Insurer to Defend the Landlord?

    Despite Construction Gains, Cement Maker Sees Loss
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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. 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

    Nine ACS Lawyers Recognized by Best Lawyers®

    September 02, 2024 —
    Departing from our blog’s typical coverage of construction related issues, Ahlers Cressman & Sleight PLLC is proud to announce that nine members of our firm have been recognized by Best Lawyers® in 2025 in America. Recognition by Best Lawyers® is based entirely on peer review and is designed to reflect the consensus opinion of leading lawyers about the professional abilities of their colleagues. Lawyers can be nominated by clients and other lawyers. After nomination, ballots are generated and distributed to lawyers. Voters are asked how likely they would be to refer a case to the nominee and to give a rating and additional comments. Ballots are designed based on the voter’s practice area and geographic region. After feedback is analyzed, Best Lawyers® research staff ensures nominees are in good standing with the ethics committee of their state bar and selects lawyers for recognition. Read the full story...
    Reprinted courtesy of Ahlers Cressman & Sleight PLLC

    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

    Another Reminder that Your Construction Contract is Only as Good as Those Signing It

    December 17, 2024 —
    Here at Construction Law Musings, we beat the constant drum that “the contract is king” and “draft a good and well-worded construction contract” consistently. As a Virginia construction attorney, I stand by these statements and fully endorse a well-written construction contract. Such a contract will set expectations and provide the rules for your deal (particularly in the commercial context). Without this solid foundation (yes, I see the potential construction pun), when there are issues on the job site, there will be no baseline for how to resolve those issues. That said, I am also reminded on an almost daily basis that humans interact with these contracts. People negotiate the contracts and are the main forces that drive the success (or failure) of the construction project. Money is involved (often a lot of it) and there can at times be temptations to try and squeeze one last dollar out of the job despite what the contract says. Even the strongest contract cannot act as real-time protection against one party that refuses to comply with the contract and its performance or payment terms. Read the full story...
    Reprinted courtesy of The Law Office of Christopher G. Hill
    Mr. Hill may be contacted at chrisghill@constructionlawva.com

    Blog Completes Seventeenth Year

    January 07, 2025 —
    Insurance Law Hawaii reaches the end of its seventeenth year this month. We began posting long ago, in December 2007. We seek to keep readers apprised of developments in insurance-related cases from Hawaii and across the country. Coverage issues surrounding the Maui fires have been top of mind this year. We will continue posting on important coverage developments in the next year. Read the full story...
    Reprinted courtesy of Tred R. Eyerly, Damon Key Leong Kupchak Hastert
    Mr. Eyerly may be contacted at te@hawaiilawyer.com

    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

    Finding Insurer's Declaratory Relief Action Raises Unsettled Questions of State Law, Case is Dismissed

    November 05, 2024 —
    The federal district court for the District of Hawaii dismissed the insurer's action for declaratory relief because it raised issues that were unsettled by Hawaii courts. Association of Apartment Owners of Lahaina Residential Condominium, et al., No. 1-24-cv-00075-JAO-BMK, Order Granting AOAO's Motion to Dismiss (D. Haw. Aug. 29, 2024). The case addressed whether a property damage exclusion barred coverage over an owner's claim that a condominium association and its property manager failed to obtain adequate insurance before the condominium's property was damaged by the Maui wildfire in August 2023. Great American filed suit seeking a declaration that it had no duty to defend or indemnify the Association and the property manage, Quam Properties Hawaiiana, Inc., in connection with a demand for mediation submitted to the Association and Quam on behalf of one of the owners. Read the full story...
    Reprinted courtesy of Tred R. Eyerly, Damon Key Leong Kupchak Hastert
    Mr. Eyerly may be contacted at te@hawaiilawyer.com

    Bremer Whyte’s Newport Beach Team Prevails on a Motion for Summary Judgment in a Wrongful Death Case!

    September 02, 2024 —
    Congratulations on another win to Orange County Partners Jonathan Cothran and Rachel Mihai for prevailing on a Motion for Summary Judgment in a wrongful death case! Plaintiffs filed a wrongful death lawsuit alleging negligence and vicarious liability against BWB&O’s client, a licensed electrical contractor. BWB&O’s client installed a solar system at the Plaintiffs’ home in January 2018. In October 2018, an electrical fire broke out at the home in an upstairs bedroom. Tragically, the family’s father perished in the fire when he entered the home after the fire started. Plaintiffs alleged that BWB&O’s client was liable for the fire and Plaintiffs’ resulting injuries due to its electrical work on the solar system at the home. Read the full story...
    Reprinted courtesy of Dolores Montoya, Bremer Whyte Brown & O'Meara LLP

    A Win for Policyholders: Court Finds Flood Exclusion Inapplicable to Plumbing Leaks Caused by Hurricane Rainfall

    October 21, 2024 —
    A recent decision by a federal court helps clear the path to coverage for property owners this hurricane season. The Court deemed one property policy’s flood exclusion inapplicable to bar coverage for water damage from backed-up drainage and overflow caused by excessive rainfall. The case, styled G.E.M.S. Partners LLC v. AmGUARD Ins. Co., — F.Supp. 3d —, No. CV 22-1664, 2024 WL 3568932 (D.N.J. July 29, 2024)), involved a familiar dispute between the insured and insurer following damage to covered property after a named storm’s heavy rainfall. Here, G.E.M.S. Partners LLC (“Insured”) obtained a commercial property policy from AmGUARD Insurance Company (“AmGUARD”) to cover three neighboring buildings in Union, New Jersey. In September 2021, intense rainfall from Hurricane Ida overwhelmed the local infrastructure and sewer system, leading to water leakage from plumbing fixtures at the insured property. To secure coverage under its AmGUARD policy, the Insured wisely relied on its “Water Back-Up and Sump Overflow Endorsement” (“Back-Up/Overflow Endorsement”). Under this endorsement, AmGUARD promised to “pay for ... damage ... caused by ... water ... which backs up through or overflows or is otherwise discharged from a sewer.”1 Indeed, a plumber that inspected the buildings following Hurricane Ida described the root cause of the water damage as a “back up” of “sewer ... water.”2 Reprinted courtesy of Kelly A. Johnson, Saxe Doernberger & Vita, P.C. and Damian S. Barquin, Saxe Doernberger & Vita, P.C. Ms. Johnson may be contacted at KJohnson@sdvlaw.com Mr. Barquin may be contacted at DBarquin@sdvlaw.com Read the full story...