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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

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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
    44404 16th St W Suite 107
    Lancaster, CA 93535
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    Building Consultant News and Information
    For Anaheim California


    Damage to Plaintiffs' Home Caused By Unmoored Boats Survives Surface Water Exclusion

    Court Clarifies Sequence in California’s SB800

    Bill Proposes First-Ever Federal Workforce Housing Tax Credit for Middle-Class Housing

    Manhattan Condo Resale Prices Reach Record High

    No Duty To Defend Additional Insured When Bodily Injury Not Caused by Insured

    Payment Bond Surety Entitled to Award of Attorneys’ Fees Although Defended by Principal

    Real Estate & Construction News Roundup (7/10/24) – Strong Construction Investment in Data Centers, Increase Use of Proptech in Hospitality and Effects of Remote-Work on Housing Market

    S&P Near $1 Billion Mortgage Ratings Settlement With U.S.

    Prime Contractor & Surety’s Recovery of Attorney’s Fees in Miller Act Lawsuit

    Virginia Decision Emphasizes Importance of Naming All Necessary Parties

    They Say Nothing Lasts Forever, but What If Decommissioning Does?

    Maximizing Contractual Indemnity Rights: Insuring the Indemnitor's Obligation

    Big Data Meets Big Green: Data Centers and Carbon Removal Compete for Zero-Emission Energy

    Approaches in the Absence of a Differing Site Conditions Clause

    Washington Trial Court Narrows Definition of First Party Claimant, Clarifies Available Causes of Action in Commercial Property Loss Context

    Nuclear Fusion Pushes to Reach Commercial Power Plant Stage

    Construction Costs Must Be Reasonable

    Structural Failure of Precast-Concrete Span Sets Back Sydney Metro Job

    Two Firm Members Among the “Best Lawyers in America”

    Dave McLain included in the 2023 edition of The Best Lawyers in America

    Partner Yvette Davis Elected to ALFA International’s Board of Directors

    HUD Homeownership Push to Heed Lessons From Crisis, Castro Says

    Florida Former Public Works Director Fined for Ethics Violation

    Traub Lieberman Partner Rina Clemens Selected as a 2023 Florida Super Lawyers® Rising Star

    2019 California Construction Law Update

    Coverage Doomed for Failing Obtain Insurer's Consent for Settlement

    Client Alert: Catch Me If You Can – Giorgio Is No Gingerbread Man

    Candis Jones Named to Atlanta Magazine’s 2021 “Atlanta 500” List

    When Does a Contractor Legally Abandon a Construction Project?

    Sales of New Homes in U.S. Increased 5.4% in July to 507,000

    Insurer Ordered to Participate in Appraisal

    N.J. Voters Approve $116 Million in School Construction

    Boston Tower Project to Create 450 Jobs

    Massachusetts High Court to Decide if Insurers Can Recoup Defense Costs

    Ambitious Building Plans in Boston

    Federal Court Denies Summary Judgment in Leaky Condo Conversion

    Melissa Pang Elected Vice President of APABA-PA Board of Directors

    The Small Stuff: Small Claims Court and Limited Civil Court Jurisdictional Limits

    Supreme Judicial Court of Maine Addresses Earth Movement Exclusion

    Court Finds that Subcontractor Lacks Standing to Appeal Summary Judgment Order Simply Because Subcontractor “Might” Lose at Trial Due to Order

    Eleventh Circuit Finds No Coverage for Faulty Workmanship Claims

    Sometimes a Reminder is in Order. . .

    Benefits to Insureds Under Property Insurance Policy – Concurrent Cause Doctrine

    Why Employees Are Taking Ownership of Their Architecture Firms

    Product Liability Alert: “Sophisticated User” Defense Not Available by Showing Existence of a “Sophisticated Intermediary”

    Endorsements Do Not Exclude Coverage for Wrongful Death Claim

    APROPLAN and GenieBelt Merge, Creating “LetsBuild” – the Build Phase End-to-End Digital Platform

    Jury Awards Aluminum Company 35 Million in Time Element Losses

    Judicial Economy Disfavors Enforcement of Mandatory Forum Selection Clause

    Court Finds That Split in Underground Storage Tank is Not a Covered Collapse
    Corporate Profile

    ANAHEIM CALIFORNIA BUILDING CONSULTANT
    DIRECTORY AND CAPABILITIES

    The Anaheim, California Building Consultant Group is comprised from a number of credentialed construction professionals possessing extensive trial support experience relevant to construction defect and claims matters. Leveraging from more than 25 years experience, BHA provides construction related trial support and expert services to the nation's most recognized construction litigation practitioners, Fortune 500 builders, commercial general liability carriers, owners, construction practice groups, and a variety of state and local government agencies.

    Building Consultant News & Info
    Anaheim, California

    New Mexico Holds One-Sided Dispute Resolution Provisions Are Unenforceable

    November 05, 2024 —
    Dispute resolution provisions that grant one party the unilateral right to choose either litigation or arbitration to resolve disputes are common in the construction industry. The main difference between the two forums is that courts are more likely to strictly enforce contract terms as written as well as the applicable law, while arbitrators make decisions on more equitable considerations, untethered to the contract terms and—to some degree—the law. The party with the sole discretion to select the dispute resolution procedure can select the process most beneficial to its interests based on the nature of the dispute, regardless of who brings the claims. In Atlas Electrical Construction, Inc. v. Flintco, LLC, 550 P.3d 881 (N.M. Ct. App. 2024), the Court of Appeals of New Mexico recently held that an arbitration provision in a subcontract, under which the contractor retained the exclusive right to choose whether disputes arising under the subcontract were litigated in court or arbitrated was unreasonably one-sided, substantively unconscionable, and unenforceable. The Atlas Electrical case involved two sophisticated entities with equal bargaining strength to negotiate the terms of a subcontract. The parties agreed to a subcontract provision which provided in the relevant part:
    In the event [contractor] and [subcontractor] cannot resolve the dispute through direct discussions or mediation … then the dispute shall, at the sole discretion of [contractor], be decided either by submission to (a) arbitration … or (b) litigation …
    Read the full story...
    Reprinted courtesy of Bill Wilson, Robinson & Cole LLP
    Mr. Wilson may be contacted at wwilson@rc.com

    What Construction Firm Employers Should Do Right Now to Minimize Legal Risk of Discrimination and Harassment Lawsuits

    October 07, 2024 —
    Seyfarth Synopsis: In June 2024, Seyfarth published a blog article warning construction industry employers of recent anti-harassment guidelines issued by the EEOC. We predicted that the EEOC has “put the construction industry squarely in its sights.”[1] In this follow-up Alert, we discuss recent cases confirming the renewed regulatory focus on the construction sector, which demonstrate the need to put in place sound practices for non-discriminatory recruitment, hiring, and training of the work force in order to be prepared for this heightened risk of government scrutiny. Recent EEOC Settlements The U.S. Equal Employment Opportunity Commission (EEOC) has indicated, in no uncertain terms, that over the next five years it intends to prioritize the mitigation of systemic workplace problems and the historical underrepresentation of women and workers of color in the construction sector.[2] Two recent cases confirm that the EEOC is true to its word when it comes to tackling racial and gender disparities in the construction work force. In August 2024, the EEOC secured two consent decrees with two separate construction firms in Florida, totaling nearly $3 million. Reprinted courtesy of Anthony LaPlaca, Seyfarth, Dawn Solowey, Seyfarth, Andrew Scroggins, Seyfarth and Adrienne Lee, Seyfarth Mr. LaPlaca may be contacted at alaplaca@seyfarth.com Ms. Solowey may be contacted at dsolowey@seyfarth.com Mr. Scroggins may be contacted at ascroggins@seyfarth.com Ms. Lee may be contacted at aclee@seyfarth.com Read the full story...

    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

    Court Upholds $68M Jury Award Over 2021 Fatal Fall in Philadelphia

    January 28, 2025 —
    A Pennsylvania Supreme Court judge has reaffirmed a $68.5-million jury verdict in a wrongful death case brought by the wife and child of an immigrant siding-installation worker who fell to his death while working on a small Philadelphia apartment project in late 2021. Read the full story...
    Reprinted courtesy of Richard Korman, Engineering News-Record

    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

    Understanding Insurance Disputes in Construction Defect Litigation: A Review of Acuity v. Kinsale

    December 17, 2024 —
    Construction projects are inherently complex, and insurance coverage plays a crucial role in managing risks, especially when unforeseen issues arise. The case of Acuity v. Kinsale demonstrates the tangled web of insurance obligations, especially when multiple insurers provide coverage for a single event. This case, involving Monarch Stucco, Inc., Acuity, and Kinsale Insurance Company, sheds light on the challenges that contractors, subcontractors, and insurers may face when disputes over liability and coverage occur. The Background of the Case At the heart of this dispute lies a construction defect at a retirement community project in Lakewood, Colorado. Monarch Stucco, Inc. (“Monarch”), a subcontractor hired by GH Phipps Construction Company (“Phipps”), was responsible for stucco work on the project. Unfortunately, defects in the building’s envelope system, particularly Monarch’s stucco work, led to significant damage and costly repairs. Read the full story...
    Reprinted courtesy of David M. McLain, Higgins, Hopkins, McLain & Roswell, LLC
    Mr. McLain may be contacted at mclain@hhmrlaw.com

    Contractor Suffolk's Hospital Project Is on Critical List After Steward Health Care Bankruptcy

    January 14, 2025 —
    Before it was hit by troubles that now threaten to kill it, a new hospital being built by Suffolk Construction in Norwood, Mass., was shaping up as a tale of recovery. The existing hospital on the site had been forced to shut most local operations since a devastating rainfall and flood in 2020. Read the full story...
    Reprinted courtesy of Richard Korman, ENR

    Updates to AIA Contract Applications

    January 07, 2025 —
    The construction industry often relies on contract forms drafted by the American Institute of Architects (AIA). These AIA forms include agreements between owners, designers, consultants, contractors, subcontractors, and construction managers. Some prefer to use the forms in the stock form, but others prefer to modify the language to their benefit. These modifications can be made in Microsoft Word and uploaded into AIA’s current web-based system, ACD5, to create redlines against the standard AIA forms (Checked-Drafts) and final clean versions without the “DRAFT” watermarks. Law firms and clients keep repositories of these modified templates for future projects. A common issue with modifying documents offline in Microsoft Word and passing the documents back-and-forth between different email and document management systems is that the metadata of the forms becomes corrupted. AIA technical support then must reset the metadata, which takes hours or days. This delay can pose challenges to clients when they are up against a deadline. Read the full story...
    Reprinted courtesy of Anand Gupta, Robinson+Cole
    Mr. Gupta may be contacted at agupta@rc.com