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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

    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


    Don’t Do this When it Comes to Construction Liens

    Fifth Circuit Finds Duty to Defend Construction Defect Case

    Global Emissions From Buildings, Construction Climb to Record Levels

    Axa Buys London Pinnacle Site for Redesigned Skyscraper

    With Historic Removal of Four Dams, Klamath River Flows Again Unhindered

    Connecticut Supreme Court Finds Faulty Work By Subcontractor Constitutes "Occurrence"

    OSHA COVID-19 Vaccination and Testing ETS Unveiled

    Insurance for Defective Construction Now in Third Edition

    Labor Under the Miller Act And Estoppel of Statute of Limitations

    Is Equipment Installed as Part of Building Renovations a “Product” or “Construction”?

    New York Revises Retainage Requirements for Private Construction Contracts: Overview of the “5% Retainage Law”

    Navigating the Hurdles of Florida Construction Defect Lawsuits

    Commercial Development Nearly Quadruples in Jacksonville Area

    Statute of Frauds Applies to Sale of Real Property

    NIBS Consultative Council Issues Moving Forward Report on Healthy Buildings

    Worker’s Compensation Exclusivity Rule Gets “Trumped” by Indemnity Provision

    Connecticut Supreme Court Further Refines Meaning of "Collapse"

    How Many New Home Starts are from Teardowns?

    Top 10 Construction Contract Provisions – Changes and Claims

    Congratulations to Haight Attorneys Selected to the 2023 Southern California Super Lawyers List

    Homeowners Not Compelled to Arbitration in Construction Defect Lawsuit

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    Nevada Bill Aims to Reduce Legal Fees For Construction Defect Practitioners

    Are Proprietary Specifications Illegal?

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    Court Agrees to Stay Coverage Matter While Underlying State Action is Pending

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    No Retrofit without Repurposing in Los Angeles

    Navigating Complex Preliminary Notice Requirements

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    Best Lawyers® Recognizes 38 White and Williams Lawyers

    Insurer Must Pay for Matching Siding of Insured's Buildings

    The Sensible Resurgence of the Multigenerational Home

    Update Regarding New York’s New Registration Requirement for Contractors and Subcontractors Performing Public Works and Covered Private Projects

    Understanding California’s Pure Comparative Negligence Law

    Fannie-Freddie Propose Liquidity Rules for Mortgage Insurers

    Policy's Limitation Period for Seeking Replacement Costs Not Enforced Where Unreasonable

    Disjointed Proof of Loss Sufficient

    2023 West Coast Casualty Construction Defect Seminar

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    ARUP, Rethinking Green Infrastructure

    Contract Disruptions: Navigating Supply Constraints and Labor Shortages

    DOJ to Prosecute Philadelphia Roofing Company for Worker’s Death

    Doctrine of Avoidable Consequences as Affirmative Defense

    Michigan Lawmakers Pass $4.7B Infrastructure Spending Bill

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    Loss Caused by Subcontractor's Faulty Work Covered in Georgia
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    ANAHEIM CALIFORNIA BUILDING CONSULTANT
    DIRECTORY AND CAPABILITIES

    Leveraging from more than 7,000 construction defect and claims related expert witness designations, the Anaheim, California Building Consultant Group provides a wide range of trial support and consulting services to Anaheim's most acknowledged construction practice groups, CGL carriers, builders, owners, and public agencies. Drawing from a diverse pool of construction and design professionals, BHA is able to simultaneously analyze complex claims from the perspective of design, engineering, cost, or standard of care.

    Building Consultant News & Info
    Anaheim, California

    New York's New Gateway: The Overhaul of John F. Kennedy International Airport

    September 09, 2024 —
    On the cusp of the 70th anniversary of the originally named New York Airport’s opening in Queens, N.Y., a blue-ribbon panel in 2017 released a report to the governor of New York: The facility, once popularly known as Idlewild Airport, needed a comprehensive master plan and a total transformation. In the seven years since, builders at John F. Kennedy International Airport have been anything but idle, and the speed at which that $19-billion transformation of the roads and terminals is occurring could be called wild. Reprinted courtesy of Aileen Cho, Engineering News-Record Ms. Cho may be contacted at choa@enr.com Read the full story...

    Real Estate & Construction News Roundup (10/23/24) – Construction Backlog Rebounds, Real Estate Sustainability Grows, and Split Incentive Gap Remains Building Decarbonizing Barrier

    November 18, 2024 —
    In our latest roundup, construction output decreased, office utilization unchanged, September apartment starts fell 15% from a year ago as developers pulled permits, and more!
    • Developers pulled permits for a seasonally adjusted rate of 398,000 apartments in buildings with five units or more, a 17.4% YOY drop and a 10.8% decrease compared to August 2024. (Leslie Shaver, Multifamily Dive)
    • Construction input prices decreased 0.9% in September due to dips in two of three energy subcategories, reflecting the trend of overall material price stabilization over the past 12 months. (Sebastian Obando, Construction Dive)
    • Thanks in part to the Federal Reserve’s lowering of the interest rate, construction backlog rebounded in September after slumping at the end of the summer. (Joe Bousquin, Construction Dive)
    Read the full story...
    Reprinted courtesy of Pillsbury's Construction & Real Estate Law Team

    Courthouse Reporter Series: Nebraska Court of Appeals Vacates Arbitration Award for Misconduct

    November 18, 2024 —
    Vacating an arbitration award is often seen as an uphill battle. Indeed, the U.S. Supreme Court has stated that “courts may only vacate an arbitrator’s decision ‘only in very unusual circumstances.’” Oxford Health Plans, LLC v. Sutter, 569 U.S. 564, 568 (2013). The Federal Arbitration Act provides limited grounds to seek the vacatur of an arbitration award. In Lund-Ross Constructors v. Duke of Omaga, LLC, ___ N.W.3d ___, 33 Neb.App.73, the Nebraska Court of Appeals found that an arbitrator’s conduct warranted the partial vacatur of the award, which granted relief to a subcontractor who filed a counterclaim after the arbitration hearing had closed. Lund-Ross contracted with Duke of Omaha to build an apartment complex in Omaha. Lund-Ross, in turn, sub-contracted with A Raymond Plumbing. Following completion of the building, Owner withheld payment from Lund-Ross, who in turn, withheld payment from Raymond. Both Lund-Ross and Raymond filed mechanics liens and initiated suits; Raymond’s suit ultimately was dismissed for want of prosecution. Lund-Ross proceeded to arbitration with Owner, naming Raymond as a respondent. Raymond did not participate in the arbitration as a claimant at the time of the hearing. Read the full story...
    Reprinted courtesy of Brendan J. Witry, Laurie & Brennan LLP
    Mr. Witry may be contacted at bwitry@lauriebrennan.com

    Los Angeles Is Burning. But California’s Insurance Industry Is Not About to Collapse.

    January 14, 2025 —
    Five fires are raging in the Los Angeles outskirts currently – the Palisades Fire, the Eaton Fire, the Lidia Fire, the Sunset Fire, and the Hurst Fire. They have been stoked by a trifecta of 100 mph wind gusts, elevated heat, and bone-dry grass and shrubs serving as tinder. The severity of the fires has raised questions about the role of climate change in the conflagrations and insurers’ claims-paying capacity. But while we recognize the immensity of the hardship and tragedy to many Angelenos from the fires, we also must recognize that California’s insurance industry is not about to collapse. Many have ignored or missed recent reforms to California insurance regulation that are poised to make the private market more sustainable, and help stem an exodus of insurers from the Golden State. Whether the intensity of wildfires is exacerbated by climate change is an open question. An R Street study found that natural catastrophes have increased in severity, but not in frequency. And the main reason catastrophe severity has risen is an increase in the built environment – there is simply more stuff now to be destroyed. Read the full story...
    Reprinted courtesy of Jerry Theodorou, R Street
    Mr. Theodorou may be contacted at jtheodorou@rstreet.org

    Suffolk Construction Drywall Suits Involve Claim for $3 Million in Court Costs

    November 11, 2024 —
    Suffolk Construction lost a breach-of-contract contract lawsuit in July with a former drywall subcontractor's surety—but the contractor's payout may dramatically increase if the presiding U.S. district court judge in Miami allows the surety to collect $3 million more in requested attorneys' fees and trial costs. Reprinted courtesy of Richard Korman, Engineering News-Record Mr. Korman may be contacted at kormanr@enr.com Read the full story...

    Civil Engineers: Montana's Infrastructure Grade Declines to a 'C-'

    December 23, 2024 —
    Helena, MT — The Montana Section of the American Society of Civil Engineers (ASCE) today released the 2024 Report Card for Montana's Infrastructure, assigning 14 categories of infrastructure a cumulative grade of 'C-', which is on par with the national average from the 2021 Report Card for America's Infrastructure. This is a one-notch decrease from the 'C' grade Montana received in its last report in 2018, citing increasingly severe weather events putting strain on aging and underfunded assets, and one of the fastest growing populations requiring expansions of transportation, water and energy infrastructure. The report includes the first-ever chapter on Montana's broadband infrastructure, assigning an 'I' grade for 'incomplete' due to a lack of sufficient condition data; however, the chapter does note that 71% of Montana residents have access to adequate broadband service, and the IIJA provided nearly $630 million to expand this access across the state. ABOUT THE AMERICAN SOCIETY OF CIVIL ENGINEERS Founded in 1852, the American Society of Civil Engineers represents more than 160,000 civil engineers worldwide and is America's oldest national engineering society. ASCE works to raise awareness of the need to maintain and modernize the nation's infrastructure using sustainable and resilient practices, advocates for increasing and optimizing investment in infrastructure, and improve engineering knowledge and competency. For more information, visit www.asce.org or www.infrastructurereportcard.org and follow us on Twitter, @ASCETweets and @ASCEGovRel.

    Alleged Negligent Misrepresentation on Condition of Home is Not an Occurrence Causing Property Damage

    December 17, 2024 —
    The court found that even if the insured's negligent misrepresentations constituted an accident, the disclosures did not cause physical damage to the property. Wood v. USAA Cas. Ins. Co., 2024 U.S. Dist. LEXIS 180624 (D. S.C. Sept. 12, 2024). The insured, Clinton Wood, purchased a townhome in January 2014. After the purchase, Wood experienced leaks and significant water intrusion, as did other townhome owners in the same development. Wood and the other owners retained an engineer to evaluate the cause of the water damage. The engineer determined that the water intrusion was caused by defects in the design and construction of the residence. The engineer told Wood that the proposed repairs would not adequately address and resolve the water intrusion and leaks, and that the problems would continue even if repairs were made. Read the full story...
    Reprinted courtesy of Tred R. Eyerly, Damon Key Leong Kupchak Hastert
    Mr. Eyerly may be contacted at te@hawaiilawyer.com

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

    December 17, 2024 —
    In the latest episode of the Resilience podcast, colleague Shellka Arora-Cox and Laura Pagliarulo, CEO and founder of SolaREIT, get down to the nitty-gritty in a discussion of the interplay of solar power capacity, generation and land use. (Editor’s note: The following transcript has been edited for clarity.) Welcome to Resilience, the vodcast where we talk about the most pressing challenges and the biggest opportunities in the energy sector. I’m your host, Shellka Arora-Cox, a partner at Pillsbury Winthrop Shaw Pittman. I’m thrilled to have Laura Pagliarulo, the CEO and founder of SolaREIT, with me today. Read the full story...
    Reprinted courtesy of Pillsbury's Construction & Real Estate Law Team