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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
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    Building Industry Association Southern California
    Local # 0532
    17744 Sky Park Circle Suite 170
    Irvine, CA 92614

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    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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    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
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    Building Consultant News and Information
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    Client Alert: Naming of Known and Unknown Defendants in Initial Complaints: A Cautionary Tale

    Court Strikes Expert Opinion That Surety Acted as a “De Facto Contractor”

    Minnesota Civil Engineers Give the State's Infrastructure a "C" Grade for the Second Time

    Construction Legislation Likely to Take Effect July 1, 2020

    Owners Should Serve Request for Sworn Statement of Account on Lienor

    Why Is California Rebuilding in Fire Country? Because You’re Paying for It

    How To Fix Oroville Dam

    When “Substantially Similar” Means “Fundamentally Identical”: Delaware Court Enforces Related Claim Provision to Deny D&O Coverage for Securities Class Action

    Construction Litigation Roundup: “Who Needs Them”

    Florida Appellate Courts Holds Underwriting Manuals are Discoverable in Breach of Contract Case

    “Time Is Money!” In Construction and This Is Why There Is a Liquidated Damages Provision

    In Texas, a General Contractor May be Liable in Tort to a Third-Party Lessee for Property Damage Caused by a Subcontractor’s Work

    Was Jury Right in Negligent Construction Case?

    Privette: The “Affirmative Contribution” Exception, How Far Does It Go?

    The Secret to Success Is Doing Things a Little Bit Differently

    California Contractor Spills Coffee on Himself by Failing to Stay Mechanics Lien Action While Pursuing Arbitration

    Another Colorado Construction Defect Reform Bill Dies

    From ‘Cuckoo’s Egg’ to Today’s Cyber Threat Landscape

    Thieves Stole Backhoe for Use in Bank Heist

    Recovering Attorney’s Fees and Treble Damages in Washington DC Condominium Construction Defect Cases

    Canada Housing Starts Increase on Multiple-Unit Projects

    No Repeal Process for Rejected Superstorm Sandy Grant Applications

    Construction Litigation Group Listed in U.S. News Top Tier

    SB 721 – California Multi-Family Buildings New Require Inspections of “EEEs”

    Insured's Claim for Water Damage Dismissed with Leave to Amend

    Guardrail Maker Defrauded U.S. of $175 Million and Created Hazard, Jury Says

    CSLB “Fast Facts” for Online Home Improvement Marketplaces

    Are Defense Costs In Addition to Policy Limits?

    Three Attorneys Elevated to Partner at Newmeyer & Dillion, LLP

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

    South Carolina “occurrence” and allocation

    Anchorage Building Codes Credited for Limited Damage After Quakes

    Orion Group Holdings Honored with Leadership in Safety Award

    Meet the Forum's In-House Counsel: KATE GOLDEN

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    Homeowners Should Beware, Warn Home Builders

    California Supreme Court Shifts Gears on “Reverse CEQA”

    Blue Gold: Critical Water for Critical Energy Materials

    Florida Appeals Court Rules in Favor of Homeowners Unaware of Construction Defects and Lack of Permits

    New Jersey Rules that Forensic Lab Analysts Can’t be Forced to Testify

    MetLife Takes Majority Stake in New San Francisco Office Tower

    The 2023 Term of the Supreme Court: Administrative and Regulatory Law Rulings

    New York Governor Expected to Sign Legislation Greatly Expanding Recoverable Damages in Wrongful Death Actions

    Construction Litigation Roundup: “How Bad Is It?”

    Carroll Brock of Larchmont Homes Dies at Age 88

    Savannah Homeowners Win Sizable Judgment in Mold Case against HVAC Contractor

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    Construction Litigation Roundup: “I Never Had a Chance”
    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

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

    October 21, 2024 —
    In a period of 16 months, four dams built between 1903 and 1962 came down as part of a monumental effort to clear 35 miles of the Klamath River spanning Oregon and California. The project owner, the Klamath River Renewal Corp., describes it as the largest dam removal effort in U.S.—and possibly world—history. Reprinted courtesy of Tim Newcomb, Engineering News-Record ENR may be contacted at enr@enr.com Read the full story...

    A Place to Study Eternity: Building the Giant Magellan Telescope

    October 15, 2024 —
    Situated on a remote mountaintop in the Atacama Desert in Chile, the Giant Magellan Telescope will one day allow astronomers to peer further into the universe with a greater degree of clarity than ever before. But siting a highly sensitive instrument with seven massive, 8.4-meter-dia mirrors on a windy peak in one of the world’s most seismically active regions takes careful engineering, especially since the 12-story upper section of the 22-story telescope enclosure will have to rotate 360° with an extreme degree of precision, multiple times a night. Reprinted courtesy of Jeff Rubenstone, Engineering News-Record Mr. Rubenstone may be contacted at rubenstonej@enr.com Read the full story...

    Rejection’s a Bear- Particularly in Construction

    December 23, 2024 —
    As I read through this week’s cases published in Virginia Lawyers Weekly, I came across a case posing an interesting question. The question is, “If your bid is rejected along with everyone else’s, can you complain?” The short answer set out by the Rockingham County, Virginia Circuit Court is “No.” In the case of General Excavation v. City of Harrisonburg the Court looked at the Virginia Public Procurement Act’s bid protest provisions in Va. Code 2.2-4360 and 2.2-4364(C) in the context of General Excavation’s protest of the City’s failure to award it (or anyone else for that matter) the contract on which it was the low bidder. The controlling section of the statute allows a challenge to the award or proposed award of a contract. In defending the action, the City of Harrisonburg argued that, because the Procurement Act waived some of the city’s sovereign immunity, it must be read strictly. The city further argued (somewhat ironically) that, because no award of the contract was given or even proposed, General Excavation could not bring suit because it would not be challenging the “proposed award or award” of a contract. Not surprisingly, the Rockingham County court held with the City and strictly construed the statute against General Excavation in finding that General Excavation did not have the standing necessary to bring suit under the statute. Read the full story...
    Reprinted courtesy of The Law Office of Christopher G. Hill
    Mr. Hill may be contacted at chrisghill@constructionlawva.com

    Wilke Fleury Attorneys Featured in “The Best Lawyers in America” & “Best Lawyers: Ones to Watch” 2025 Editions

    August 19, 2024 —
    2025 Best Lawyers & Ones to Watch George Guthrie, Best Lawyer Adriana Cervantes, One to Watch Steven Williamson, Best Lawyer Jason Eldred, One to Watch Daniel Foster, Best Lawyer David Frenznick, Best Lawyer Kathryne Baldwin, One to Watch Daniel Egan, Best Lawyer Wilke Fleury is extremely proud to have five attorneys recognized in The Best Lawyers in America and three attorneys recognized in the Best Lawyers: Ones to Watch in America! Best Lawyers has been regarded by lawyers and the public for more than 40 years as the most credible measure of legal integrity and distinction in the United States. Congratulations to this talented group! Read the full story...
    Reprinted courtesy of Wilke Fleury LLP

    Balancing Cybersecurity Threats in Smart Cities: Is the Potential Convenience of “Smart” Intersections Worth the Risk?

    September 02, 2024 —
    The term “smart cities” has become popular parlance for municipalities’ attempts to enhance delivery of urban services and infrastructure through information and communications technology. While they may conjure images of neon-lit high rises or streetscapes populated by sleek, hovering vehicles, a bit like the 1960s-era The Jetsons cartoon envisioned our high-tech future, the reality of smart cities has begun to emerge in more subtle, less glamourous forms. Cities tend to focus on wastewater monitoring, traffic control and energy distribution technologies in their efforts to become incrementally “smarter.” Smart cities lean heavily on automation, internet connectivity and the Internet of Things (IoT)—including smartphones, connected cars and a host of web-based appliances and utilities—to boost the delivery and quality of essential urban services and infrastructure like transit, sanitation, water, energy, emergency response and more. Successful smart cities need infrastructure that supports such connectivity, and they pull data from hundreds, or even thousands, of sensors that can be used to analyze and shepherd the direction of resources. Reprinted courtesy of James P. Bobotek, Pillsbury and Brian E. Finch, Pillsbury Mr. Bobotek may be contacted at james.bobotek@pillsburylaw.com Mr. Finch may be contacted at brian.finch@pillsburylaw.com Read the full story...

    Taking Advantage of New Tax Credits and Prevailing Wage Bonuses Under the Inflation Reduction Act for Clean Energy Construction Projects

    September 02, 2024 —
    Introduction: IRA Boosts U.S. Construction Industry On August 16, 2022, President Biden signed the Inflation Reduction Act of 2022 (the “IRA”) into law.[1] The IRA marked a legislative milestone for clean energy in the United States in part by providing funding mechanisms for clean energy infrastructure projects. This new emphasis on green projects has already created a surge of opportunities across the construction industry—the Internal Revenue Service (“IRS”) estimates that IRA clean energy projects will create over 1.5 million jobs over the next decade.[2] But what can contractors do to take advantage of IRA incentives to reduce costs, build a reliable workforce, and gain a competitive advantage in the new infrastructure landscape created by the ever-increasing number of IRA-related projects? The IRS Final Rule, 89 FR 53184 (29 CFR 1), effective August 26, 2024, provides some guidance by outlining the increased credits and deductions available to taxpayers that satisfy the criteria under the IRA, such as prevailing wage and registered apprenticeship requirements. Reprinted courtesy of Abby Bello Salinas, Peckar & Abramson, P.C., Jennifer Harris, Peckar & Abramson, P.C. and Sahara Mokhtari, Georgetown Law Class of 2025 Ms. Salinas may be contacted at asalinas@pecklaw.com Ms. Harris may be contacted at jharris@pecklaw.com Read the full story...

    Real Estate & Construction News Roundup (8/14/24) – Commercial Real Estate AI, Hotel Pipeline Growth, and Housing Market Improvements

    September 23, 2024 —
    In our latest roundup, nonresidential spending drops, realtor payment structure changes, office vacancy rates soar, and more!
    • A decline in mortgage rates and a drop in housing prices are giving buyers a potential path to securing homeownership. (Omar Mohammed, Newsweek)
    • Starting August 17, new rules will roll out that overhaul the way Realtors get paid to help people buy and sell their homes. (Samantha Delouya, CNN)
    • Spending dropped in almost half of nonresidential subcategories in June with the decrease stemming from higher interest rates, tighter credit conditions and a softening economy. (Sebastian Obando, Construction Dive)
    Read the full story...
    Reprinted courtesy of Pillsbury's Construction & Real Estate Law Team

    In Phoenix, Crews Thread Needle With $730M Broadway Curve Revamp

    July 31, 2024 —
    Motorists scrambling to dart across three lanes of traffic when merging onto the freeway. Vehicles slowing to a crawl due to extremely curved exit ramps. Commuters enduring agonizing backups as three freeways converge in a tight footprint. Bicyclists and pedestrians sweating through long detours to traverse freeways. Reprinted courtesy of Scott Blair, Engineering News-Record Mr. Blair may be contacted at blairs@enr.com Read the full story...