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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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    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
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    Lancaster, CA 93535
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    Building Consultant News and Information
    For Anaheim California


    $24 Million Verdict Against Material Supplier Overturned Where Plaintiff Failed to Prove Supplier’s Negligence or Breach of Contract Caused an SB800 Violation

    Lien Release Bonds – Remove Liens, But Not All Liability

    California Mediation Confidentiality May Apply to Third Party “Participants” Retained to Provide Analysis

    First Look at Long List of AEC Firms Receiving PPP Loans

    Agreement Authorizing Party’s Own Engineer to Determine Substantial Compliance Found Binding on Adverse Party

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

    Engineer Pauses Fix of 'Sinking' Millennium Tower in San Francisco

    COVID-19 Damages and Time Recovery: Contract Checklist and Analysis

    Fourth Circuit Finds Insurer Reservation of Rights Letters Inadequate to Preserve Coverage Defenses Under South Carolina Law

    Colorado Drillers Show Sensitive Side to Woo Fracking Foes

    New York Appellate Division: Second Department Contradicts First Department, Denying Insurer's Recoupment of Defense Costs for Uncovered Claims

    Insurer Must Pay for Matching Siding of Insured's Buildings

    Water Intrusion Judged Not Related to Construction

    Developer Transition – Washington DC Condominiums

    Contractor Sentenced to Seven Years for Embezzling $3 Million

    Liebherr Claims Crane Not Cause of Brazil Stadium Construction Accident

    Three Kahana Feld Attorneys Selected to 2024 NY Metro Super Lawyers Lists

    Disputes Over Arbitrator Qualifications: The Northern District of California Offers Some Guidance

    Because I Haven’t Mentioned Mediation Lately. . .

    Hurricane Harvey: Understanding the Insurance Aspects, Immediate Actions for Risk Managers

    The Contingency Fee Multiplier (For Insurance Coverage Disputes)

    Consequential Damage Claims for Insurer's Bad Faith Dismissed

    Jarred Reed Named to the National Black Lawyers’ “Top 40 Under 40” List for Second Consecutive Year

    New WA Law Caps Retainage on Private Projects at 5%

    Conn. Appellate Court Overturns Jury Verdict, Holding Plaintiff’s Sole Remedy for Injuries Arising From Open Manhole Was State’s Highway Defect Statute

    Union Handbilling: When, Where, and Why it is Legal

    Court Holds That One-Year SOL Applies to Disgorgement Claims Under B&P Section 7031

    Insurer Must Defend Additional Insured Though Its Insured is a Non-Party

    A Place to Study Eternity: Building the Giant Magellan Telescope

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    Changing Course Midstream Did Not Work in River Dredging Project

    Berkeley Researchers Look to Ancient Rome for Greener Concrete

    Robots on Construction Sites Are Raising Legal Questions

    Students for Fair Admissions: Shaking the Foundations of EEOC Programs and M/WBE Requirements

    Policyholders' Coverage Checklist in Times of Coronavirus

    NAHB Examines Single-Family Detached Concentration Statistics

    Kiewit Hired as EPC for Fire-Damaged Freeport Gas Terminal Fix

    Health Care Construction Requires Compassion, Attention to Detail and Flexibility

    Common Law Indemnity Claim Affirmed on Justifiable Beliefs

    Certificates of Insurance May Confer Coverage

    Southern California Lost $8 Billion in Construction Wages

    Are You a Construction Lienor?

    Eighth Circuit Rejects Retroactive Application of Construction Defect Legislation

    Construction Activity on the Upswing

    Let’s Talk About a Statutory First-Party Bad Faith Claim Against an Insurer

    Goldman Veteran Said to Buy Mortgages After Big Short

    2023 Construction Outlook: Construction Starts Expected to Flatten

    Hunton Insurance Lawyer, Jae Lynn Huckaba, Awarded Miami-Dade Bar Association Young Lawyer Section’s Rookie of the Year Award

    “Pay When Paid” Provisions May Not Be Dead, at Least Not Yet

    Thanks for Four Years of Recognition from JD Supra’s Readers’ Choice Awards
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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. Drawing 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

    Immigrants' Legal Status Eyed Over Roles in New York Fake Injury Lawsuits

    January 07, 2025 —
    Edison Fernando Pesantez Ramon says that early on the morning of Sept. 29, 2021, while working on a building renovation project on 96th Street in Manhattan, he tripped and fell badly on a staircase. Read the full story...
    Reprinted courtesy of Richard Korman, ENR
    Mr. Korman may be contacted at kormanr@enr.com

    “It Just Didn’t Add Up!”

    November 05, 2024 —
    Overturning arbitration awards in court is difficult. One of the few bases for a challenge to an award (under the Federal Arbitration Act, 9 U.S.C. 10(a)(4), as well as most state arbitration laws) is where the arbitrator is alleged to have “exceeded [his/her] powers” afforded the arbitrator by whatever rules and agreements are in place for the arbitration. Obviously, this places a burden on the arbitrator to “color within the lines” when serving as arbitrator and issuing rulings in the case. “After extensive discovery and a 10-day hearing, the Tribunal rendered a 142-page” award, whereupon the parties both sought to have the arbitrators correct what the parties agreed was an error in the award – increasing the award by $47,710. One of the parties, however, went further, urging that the arbitrators “erroneously included damages for claims related to production revenue” that occurred before a certain date. According to the court, that party was urging that “the Tribunal erred by factoring into its award damages related to Claims 2 and 3, which the Tribunal never substantially addressed.” Read the full story...
    Reprinted courtesy of Daniel Lund III, Phelps
    Mr. Lund may be contacted at daniel.lund@phelps.com

    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

    Los Angeles Wildfires Rage on, Destroying Structures and Displacing Residents

    January 14, 2025 —
    Wildfires in Los Angeles have already destroyed thousands of buildings, but the full extent of the damage will not be known for some time, according to local officials during a media briefing Jan. 9. Read the full story...
    Reprinted courtesy of Aileen Cho, Engineering News-Record
    Ms. Cho may be contacted at choa@enr.com

    Congratulations to Partner Alex Giannetto for Being Named to San Diego Business Journal’s Top 100 Leaders in Law List

    December 03, 2024 —
    Congratulations to Partner Alexander Giannetto for being selected as a “2024 Leaders of Influence in Law” by the San Diego Business Journal! To read and download the SDBJ publication, please click here. Alex Giannetto is a managing partner with Bremer, Whyte, Brown & O’Meara LLP’s San Diego office. He has extensive experience in all aspects of civil litigation handling liability matters including slip and falls, catastrophic injuries, wrongful death, traumatic brain injuries, landslides, and construction claims. He has obtained favorable trial results defending clients on personal injury and premises matters in San Diego and Los Angeles. He also has appellate experience. He is an AV-rated attorney by Martindale-Hubbell who has been voted Best of the Bar in San Diego as well as a Top Lawyer in San Diego. Read the full story...
    Reprinted courtesy of Dolores Montoya, Bremer Whyte Brown & O'Meara LLP

    Kahana Feld LLP Senior Attorney Rachael Marvin and Partner Dominic Donato Obtain Complete Dismissal of Plaintiff’s Labor Law Claims on Summary Judgment

    August 19, 2024 —
    Kahana Feld attorneys Rachael Marvin and Dominic Donato secured summary judgment dismissal of plaintiff’s Labor Law §§ 240(1), 241(6), and 200 claims asserted against their client, a general contractor of a housing project in Orange County, New York. The case involved a construction accident in which plaintiff fell while traversing a ramp, which was placed across an eight-foot-deep excavation trench. Plaintiff was employed by a subcontractor and was part of a crew performing the framing work on the project. The accident occurred when he exited his work area by walking across a ramp that was placed across the excavated trench, when the ramp gave way and plaintiff fell into the excavation. Read the full story...
    Reprinted courtesy of Rachel Marvin, Kahana Feld
    Ms. Marvin may be contacted at rmarvin@kahanafeld.com

    Real Protection for Real Estate Assets: Court Ruling Reinforces Importance of D&O Insurance

    October 01, 2024 —
    Earlier this month, an Illinois federal district court held that a liability insurer had no duty to defend or indemnify a property management company or its owner in lawsuits that included allegations of intentional conduct. The suits accused the owner of concealing financial information from and engaging in a scheme to increase tax liability and decrease profit distributions to a minority owner. This case reinforces the importance of maintaining D&O insurance as part of a comprehensive liability insurance program to protect against potential gaps in coverage that could result from allegations of intentional or knowing acts. Background The court in Old Guard Insurance Company v. Riverway Property Management, LLC et al., No. 1:23-cv-01098 (C.D. Ill. Sep. 6, 2024) was asked to determine whether Old Guard Insurance Co. was required to defend or indemnify Riverway Property Management LLC or its owner under two commercial general liability policies in relation to state court lawsuits. The lawsuits alleged that Riverway’s owner intentionally and improperly misappropriated funds and that the property management company knowingly and substantially assisted with this wrongful scheme. Read the full story...
    Reprinted courtesy of Hunton Andrews Kurth LLP

    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...