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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

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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


    Pinterest Nixes Big San Francisco Lease Deal in Covid Scaleback

    New Utah & Colorado Homebuilder Announced: Jack Fisher Homes

    Mediation is (Almost) Always Worth a Shot

    Chinese Hunt for Trophy Properties Boosts NYC, London Prices

    Starting July 1, 2020 General Contractors are “Employers” for All Workers on Their Jobsite

    Colorado Senate Committee Approves Construction Defect Bill

    Providing Your Insurer Prompt Notice

    Travelers v. Larimer County and the Concept of Covered Cause of Loss

    Appetite for Deconstruction

    Boston Nonprofit Wants to Put Grown-Ups in Dorms

    Brief Discussion of Enforceability of Anti-Indemnity Statutes in California

    Traub Lieberman Attorneys Burks Smith and Katie Keller Win Daubert Motion Excluding Plaintiff’s Expert’s Testimony in the Middle District of Florida

    Blackstone Suffers Court Setback in Irish Real Estate Drama

    Architect Blamed for Crumbling Public School Playground

    Settlement between IOSHA and Mid-America Reached after Stage Collapse Fatalities

    Is Your Contract “Mission Essential?” Recovering Costs for Performing During a Force Majeure Event Under Federal Regulations

    Sales of Existing U.S. Homes Unexpectedly Fell in January

    Hawaii Construction Defect Law Increased Confusion

    Indiana Court of Appeals Holds That Lease Terms Bar Landlord’s Carrier From Subrogating Against Commercial Tenant

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    Building Safety Month Just Around the Corner

    The Contingency Fee Multiplier (For Insurance Coverage Disputes)

    More thoughts on Virginia Mechanic’s Liens

    Real Estate & Construction News Roundup (05/17/23) – A Flop in Flipping, Plastic Microbes and Psychological Hard Hats

    Design Immunity of Public Entities: Sometimes Designs, Like Recipes, are Best Left Alone

    Implications for Industry as Supreme Court Curbs EPA's Authority

    Real Estate & Construction News Roundup (1/24/24) – Long-Term Housing Issues in Hawaii, Underperforming REITs, and Growth in a Subset of the Hotel Sector

    The Results are in, CEO/Founding Partner Nicole Whyte is Elected to OCBA’s 2024 Board of Directors!

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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

    GSA Releases Updated Standards to Accelerate Federal Buildings Toward Zero Emissions

    August 12, 2024 —
    WASHINGTON — The U.S. General Services Administration (GSA) is advancing progress toward the Biden-Harris Administration's federal sustainability goals by releasing updated standards for federal buildings. P100 Facilities Standards for the Public Buildings Service establish mandatory design and construction standards and performance criteria for 300,000 federal buildings nationwide. The updated standards will help advance the adoption of cleaner, more efficient technologies for buildings; lead the way towards realizing the goals of the Federal Sustainability Plan to achieve net-zero emissions from all federal buildings by 2045; and promote the use of American-made, low carbon construction materials. P100 requires that facilities adopt advanced energy conservation strategies and eliminate on-site fossil fuel use, directives that align with federal sustainability goals and will accelerate the transition to a clean energy economy. The industry-leading standard calls for grid-interactive efficient buildings, leverages innovative technologies through GSA's Green Proving Ground, requires the use of low-embodied carbon materials, and directs potable water reuse. These comprehensive measures ensure that new and renovated federal facilities achieve peak performance while minimizing environmental impact. The 2024 P100 establishes exceptional benchmarks for:
    • Electrification: New standards for building equipment and systems to be powered by clean energy sources.
    • Embodied Carbon: Requirement to utilize low-embodied carbon materials, including salvaged, reused, regenerative, and biomimetic options.
    • Energy Efficiency: Enhanced building envelope performance to minimize energy loss and improve overall efficiency.
    • Grid-Interactive Efficient Buildings: New measures to support a more resilient, responsive grid.
    • Water Reuse: Mandating that buildings have a 15% potable water reuse rate.
    • Construction Decarbonization: Ground breaking new low-carbon methods for constructing federal buildings including clean energy operations, material salvage, and offsite assemblage.
    • Labor Practices: New standards protecting workers from unfair or unsafe labor practices, ensuring supply chains are free from child and forced labor and that workers are protected from the impacts of extreme heat.
    P100 is updated and published every three years. For more detailed information on the 2024 P100 and other GSA initiatives, visit www.gsa.gov/p100.

    EEOC Focuses on Eliminating Harassment, Recruitment and Hiring Barriers in the Construction Industry

    September 09, 2024 —
    The Equal Employment Opportunity Commission (EEOC), whose mission is to enforce the nation’s anti-discrimination laws, released new guidelines on June 18, 2024, entitled Promising Practices for Preventing Harassment in the Construction Industry. The guidelines are in support of its Strategic Enforcement Plan for the fiscal years 2024-2028 for combatting systemic harassment and eliminating barriers in recruitment and hiring in the construction industry. With these guidelines, the EEOC has identified harassment as an ongoing issue in the construction industry, and that immediate attention and resolution is required. The EEOC specifically recommends that the following five core principles that it has found effective in preventing and addressing harassment be implemented by construction industry employers:
    1. Committed and engaged leadership;
    2. Consistent and demonstrated accountability;
    3. Strong and comprehensive harassment policies;
    4. Trusted and accessible complaint procedures; and
    5. Regular, interactive training tailored to the audience and the organization.
    Reprinted courtesy of Aaron C. Schlesinger, Peckar & Abramson, P.C. and Stephen E. Irving, Peckar & Abramson, P.C. Mr. Schlesinger may be contacted at aschlesinger@pecklaw.com Mr. Irving may be contacted at sirving@pecklaw.com Read the full story...

    Construction of World's Tallest Building to Resume With New $1.9B Contract for Jeddah Tower

    October 28, 2024 —
    Construction of the Jeddah Tower in Jeddah, Saudi Arabia—which is planned to be the world’s tallest building—is set to resume with original contractor Saudi Binladin Group Co. after a years-long pause, owner Jeddah Economic Co.'s parent company, Kingdom Holding Co., announced Oct. 2. Reprinted courtesy of James Leggate, Engineering News-Record Mr. Leggate may be contacted at leggatej@enr.com Read the full story...

    Definitions Matter in Illinois: Tenant Held Liable Only for Damage to Apartment Unit

    September 09, 2024 —
    In Phila. Indem. Ins. Co. v. Gonzalez, No. 1-23-0833, 2024 Ill. App. Unpub. LEXIS 1372, the Appellate Court of Illinois considered whether the terms of a lease agreement limited a tenant’s liability for fire damages, a fire caused by her negligence, to her apartment unit only. The plaintiff insured the subject apartment building, which incurred damage to several units as result of a fire in the tenant’s unit. The lease defined “Premises” as the specific apartment unit occupied by the tenant and held the tenant responsible for damage caused to the Premises. While the court found that the lease permitted the plaintiff to subrogate against the tenant, it held that the lease terms limited the damages to the tenant’s apartment unit only. In Gonzalez, the plaintiff’s insured owned a multi-unit apartment building in Chicago. In September 2019, the building owner entered into a lease agreement with the defendant for apartment Unit 601. The lease stated that Unit 601 was the “Leased Address (Premises).” Another provision stated that building owner “hereby leases to Tenant(s) and Tenant(s) hereby leases from Landlord(s) for use as a private dwelling only, the Premises, together with the fixtures and appliances (if any) in the premises…” The lease also stated that “Tenant shall be liable for any damage done to the premises as a result of Tenant’s or Tenant’s invitees, guests or others authorized to reside in the Premises [sic] direct action, negligence, or failure to inform Landlord of repairs necessary to prevent damage to the Premises.” Read the full story...
    Reprinted courtesy of Gus Sara, White and Williams
    Mr. Sara may be contacted at sarag@whiteandwilliams.com

    When Every Drop Matters, Cities Turn to Watertech

    November 25, 2024 —
    We all need water to survive—but access to the liquid lifeline isn’t always a given. With a shifting climate and ever-increasing agricultural and industrial demands on this limited commodity, UNICEF predicts that by 2025, half of the world’s population could be living in areas facing water scarcity. On top of the obvious resource drains, many countries are losing surprising amounts of potable water to leaks. For example, in the United States alone, an estimated 6 billion gallons of treated drinking water seep out of its supply every day due to aging pipelines and undetected leaks. “Smart” water innovations may offer conservation solutions, though. As part of an overall smart city scheme, where internet of things (IoT) devices work hand-in-hand with AI to improve daily life, many municipalities are giving their water systems a makeover. From new meters to irrigation and pipeline maintenance, we look at some of the key intelligent technologies that endeavor to improve how we harness our water supply. Read the full story...
    Reprinted courtesy of James B. Bobotek, Pillsbury
    Mr. Bobotek may be contacted at james.bobotek@pillsburylaw.com

    Timely and Properly Assert Affirmative Defenses and Understand Statutory Conditions Precedent

    August 05, 2024 —
    A recent case serves as a reminder to TIMELY and PROPERLY assert affirmative defenses and to understand statutory conditions precedent to construction lien claims. Failing to do one or the other could be severely detrimental to the position you want to take in a dispute, whether it is a lien foreclosure dispute, or any other dispute. In Scherf v. Tom Krips Construction, Inc., 2024 WL 3297592 (Fla. 4th DCA 2024), the president of a construction company and his wife were building a residence. They orally accepted the proposal from the concrete shell contractor and asked for invoices to be submitted to the president’s construction company. No written contract was memorialized. The president and his wife did not pay the concrete shell contractor and the contractor recorded a lien and sued to foreclose on the lien. Years later (the case had been stayed because the president and his wife filed for bankruptcy and the shell contractor had to get leave of the automatic bankruptcy stay to pursue the lien foreclosure), the shell contractor moved for summary judgment. The president and his wife moved for leave to file an amended answer and affirmative defenses. They claimed the oral contract was with the construction company and the shell contractor was required to serve a Notice to Owner under Florida Statute s. 713.06. Alternatively, they argued that if the oral contract was with the president and his wife, the shell contractor was required to serve a Final Contractor’s Payment Affidavit at least 5 days before filing its lien foreclosure claim, and did not, as required by s. 713.06. Read the full story...
    Reprinted courtesy of David Adelstein, Kirwin Norris, P.A.
    Mr. Adelstein may be contacted at dma@kirwinnorris.com

    Deferred Maintenance?

    December 17, 2024 —
    A Tennessee-based “outsourced maintenance vendor” to an engine company filed suit in Louisiana state court seeking to recover nearly $150,000 on “open account,” for work previously performed. The engine company removed the case to the Federal District Court in New Orleans and asserted as a defense that the vendor lacked a proper Louisiana construction contractor’s license. The engine company filed a motion for summary judgment based on the defense. Under Louisiana law, a contract between parties is “absolutely null”--considered to have never existed--where one of the parties performed services without a required Louisiana contractor’s license, and the combined work reaches a $50,000 threshold. The engine company asserted that the vendor performed typical construction contractor work, including plywood flooring, applied epoxy to concrete flooring, erected part of a commercial carport, undertook certain heavy demolition, and installed fences, guardrails, and wire racks. Read the full story...
    Reprinted courtesy of Daniel Lund III, Phelps
    Mr. Lund may be contacted at daniel.lund@phelps.com

    Storm Debby Is Deadly — Because It’s Slow

    September 16, 2024 —
    Tropical Storm Debby has killed at least five people as it churns across the US East, where it’s expected to inflict $1 billion or more in damage and losses. One reason for the storm’s destructive power: It’s moving very slowly. Although Debby came ashore with hurricane-strength winds, its rainfall — forecast to exceed two feet in some areas — is even more dangerous. The St. Marys River in northern Florida rose more than 10 feet in one day, while New York will likely see downpours from Debby later in the week. Homes, businesses and farms may be deluged, putting crops and infrastructure at risk. Read the full story...
    Reprinted courtesy of Brian K Sullivan, Bloomberg