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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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    Commercial and Residential Contractors License Required.


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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


    Bert L. Howe & Associates Celebrates 21-Year Success Story

    Wilke Fleury Attorneys Featured in 2021 Best Lawyers in America and Best Lawyers: Ones To Watch!

    Supplement to New California Construction Laws for 2019

    Tesla Powerwalls for Home Energy Storage Hit U.S. Market

    Novation Agreements Under Federal Contracts

    Lasso Needed to Complete Vegas Hotel Implosion

    Where Breach of Contract and Tortious Interference Collide

    Million-Dollar Home Sales Thrive While Low End Stumbles

    The Fifth Circuit, Applying Texas Law, Strikes Down Auto Exclusion

    California Supreme Court Holds “Notice-Prejudice” Rule is “Fundamental Public Policy” of California, May Override Choice of Law Provisions in Policies

    Contractor Pleads Guilty to Disadvantaged-Business Fraud

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

    Terminating the Notice of Commencement (with a Notice of Termination)

    Ninth Circuit Rules Supreme Court’s Two-Part Test of Implied Certification under the False Claims Act Mandatory

    AEM Pursuing ISO Standard for Earthmoving Grade-Control Data

    Beyond the Disneyland Resort: Museums

    Performance Bond Surety Takeover – Using Terminated Contractor To Complete The Work

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

    Required Contract Provisions for Construction Contracts in California

    Elon Musk's Boring Co. Is Feuding With Texas Over a Driveway

    How California’s Construction Industry has dealt with the New Indemnity Law

    Resurgent Housing Seen Cushioning U.S. From World Woes: Economy

    Legislative Update on Bills of Note (Updated Post-Adjournment)

    Developer’s Fraudulent Statements Are His Responsibility Alone in Construction Defect Case

    Drone Use On Construction Projects

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

    Avoid Delay or Get Ready to Pay: The Risks of “Time-Is-of-The-Essence” Clauses

    Engineer and CNA Dispute Claim Over Dual 2014 Bridge Failures

    Illinois Court Determines Insurer Must Defend Negligent Misrepresentation Claim

    Four Things Construction Professionals Need to Know About Asbestos

    Federal Court Ruling Bolsters the “Your Work” Exclusion in Standard CGL Policies

    Puerto Rico Grid Restoration Plagued by Historic Problems, New Challenges

    Project Team Upgrades Va. General Assembly

    Pennsylvania Modular Home Builder Buys Maine Firm

    Coverage Denied for Condominium Managing Agent

    Traub Lieberman Partner Eric D. Suben Obtains Federal Second Circuit Affirmance of Summary Judgment in Insurer’s Favor

    More Fun with Indemnity and Construction Contracts!

    You Have Choices (Litigation Versus Mediation)

    You Cannot Arbitrate Claims Not Covered By The Arbitration Agreement

    Insureds Survive Summary Judgment on Coverage for Hurricane Loss

    America’s Infrastructure Gets a C-. It’s an Improvement Though

    Colorado’s Federal District Court Finds Carriers Have Joint and Several Defense Duties

    What Are The Most Commonly Claimed Issues In Construction Defect Litigation?

    Explore Legal Immigration Options for Construction Companies

    NYC Shuts 9 Pre-Kindergartens for Health, Safety Issues

    Ordinary Use of Term In Insurance Policy Prevailed

    Do Change Orders Need to be in Writing and Other Things That Might Surprise You

    Flow-Down Clauses Can Drown Your Project

    Brooklyn’s Industry City to Get $1 Billion Modernization

    No Coverage for Counterclaim Arising from Insured's Faulty Workmanship
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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

    The Importance of a Notice of Completion to Contractors, Subcontractors and Suppliers

    August 12, 2024 —
    The recording of a valid “Notice of Completion” with the County Recorder is an event of significance to owners, contractors, subcontractors and suppliers alike. The recording of a Notice of Completion is one of several methods used to trigger the time period for the recording of mechanics liens and service of stop payment notices. Although the recording of a Notice of Completion is not absolutely required on any given project, all those working in the construction industry should understand its significance. When a valid Notice of Completion has not been recorded in relation to a construction project, a contractor, subcontractor, or supplier might from ninety to one hundred fifty days after completion of the project to record a mechanics lien or serve a stop payment notice to secure payment for their services on the project, depending on the facts. However, if a valid Notice of Completion is recorded, then the deadline under most circumstances accelerates and subcontractors and suppliers must record a mechanics lien or serve a stop payment notice within only thirty days thereafter. Under the same circumstances, a prime contractor has only sixty days after the recording of a valid Notice of Completion to record a mechanics’ lien. Failure to meet these deadlines often results in loss of the right to a mechanics lien or stop payment notice. There are limited exceptions to these general deadlines, depending on the facts. If you believe you may have missed an important deadline to seek collection of a construction debt, you should consult with a construction attorney immediately to secure your avenues of collection, including the mechanics lien and stop payment notice remedies, if still available. Read the full story...
    Reprinted courtesy of William L. Porter, Porter Law Group
    Mr. Porter may be contacted at bporter@porterlaw.com

    GRSM Attorneys Selected to 2024 Super Lawyers and Rising Stars Lists

    January 14, 2025 —
    Super Lawyers® has released its 2024 attorney lists across various regions of the United States. This year, 169 Gordon Rees Scully Mansukhani attorneys have been selected, with 51 named to Super Lawyers and 118 named to Rising Stars. *For attorneys licensed to practice in New Jersey: No aspect of this advertisement has been approved by the Supreme Court of New Jersey. Please visit the Super Lawyers Selection Process for a detailed description of the Super Lawyers and Rising Stars selection methodology. The selections are a result of independent research by the team at Super Lawyers® to determine no more than the top five percent of legal professionals in each geographic region. The research team selects no more than two and a half percent of the lawyers in each geographic region to the Rising Stars list. Read the full story...
    Reprinted courtesy of Gordon Rees Scully Mansukhani

    Assessments Underway After Hurricane Milton Rips Off Stadium Roof, Snaps Crane Boom in Florida

    November 05, 2024 —
    Hurricane Milton and tornados it spurred killed at least five people and knocked out power to 4 million homes and businesses in Florida after making landfall Oct. 9 near Siesta Key in Sarasota County. With assessments and rescues still underway, state officials say the damage was not as bad as it could have been. Reprinted courtesy of James Leggate, Engineering News-Record Mr. Leggate may be contacted at leggatej@enr.com Read the full story...

    Top 10 Insurance Cases of 2024

    January 21, 2025 —
    Federal and state courts tackled a myriad of interesting insurance-related issues this past year. The U.S. Supreme Court also surprisingly addressed coverage issues in 2024, in not one—but two—decisions. It is rare for the Supreme Court to confront insurance coverage issues which usually involve matters of state law. The highest court’s assessment of the nuances of insurance to resolve maritime choice of law issues and interpret an insurer’s role in bankruptcy proceedings is indicative of the significant role that insurance coverage plays in resolving commercial disputes. Additionally, 2024 included a pivotal opinion from the 5th Circuit, which welcomed the principle that negligent construction can constitute “property damage” under a CGL policy if it causes a harmful change to the property. Elsewhere in the country, the Hawaii Supreme Court ruled that reckless conduct can qualify as an “accident” under a CGL policy’s definition of “occurrence”; however, the court simultaneously ruled that greenhouse gases fall within the scope of “pollutants” under the policy’s pollution exclusion. Cyber coverage decisions were also prominent, and the 5th Circuit chimed in with an interesting decision interpreting the scope of coverage afforded under a “system failure” provision. These decisions represent a mere sampling of the multitude of insurance issues courts nationwide have grappled with in 2024. Reprinted courtesy of Jeffrey J. Vita, Saxe Doernberger & Vita, P.C. and Michelle A. Grieco, Saxe Doernberger & Vita, P.C. Mr. Vita may be contacted at JVita@sdvlaw.com Ms. Grieco may be contacted at MGrieco@sdvlaw.com Read the full story...

    Kahana Feld Named to the Orange County Register 2024 Top Workplaces List

    January 14, 2025 —
    ORANGE COUNTY – Dec. 31, 2024 – Kahana Feld is pleased to announce that the firm has been named a 2024 Top Workplace by the Orange County Register. This is the second year in a row that Kahana Feld has been named to the Orange County Top Workplaces list. The Top Workplaces list is based solely on employee feedback gathered through a third-party survey. The confidential survey uniquely measures the employee experience and its component themes, including employees feeling Respected & Supported, Enabled to Grow, and Empowered to Execute. “Inclusion on this list is a testament to Kahana Feld’s dedication to employee satisfaction,” said Firmwide Managing Partner Amir Kahana. “Having a positive and supportive culture has always been a top priority for us, and it will continue to be a driving force in our growth and success.” Read the full story...
    Reprinted courtesy of Linda Carter, Kahana Feld
    Ms. Carter may be contacted at lcarter@kahanafeld.com

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

    October 28, 2024 —
    Kahana Feld is pleased to announce that Tim Capowski was selected to the 2024 NY Metro Super Lawyers list, and Christopher Theobalt and Sofya Uvaydov were selected to the 2024 NY Metro Rising Stars list. All three attorneys were recognized in the Appellate practice area. Tim Capowski is a partner at Kahana Feld and chair of the firm’s National Appellate Litigation & Consulting Group. He has spent the better part of three decades at the forefront of the insurance defense bar. Tim has litigated hundreds of appeals and thousands of motions in state and federal and appellate courts throughout New York and around the country. He handles a variety of complex litigation including catastrophic property and casualty claims, construction defect, professional liability, labor and employment law, mass torts, insurance coverage, and more. Read the full story...
    Reprinted courtesy of Linda Carter, Kahana Feld
    Ms. Carter may be contacted at lcarter@kahanafeld.com

    Another Reminder that Your Construction Contract is Only as Good as Those Signing It

    December 17, 2024 —
    Here at Construction Law Musings, we beat the constant drum that “the contract is king” and “draft a good and well-worded construction contract” consistently. As a Virginia construction attorney, I stand by these statements and fully endorse a well-written construction contract. Such a contract will set expectations and provide the rules for your deal (particularly in the commercial context). Without this solid foundation (yes, I see the potential construction pun), when there are issues on the job site, there will be no baseline for how to resolve those issues. That said, I am also reminded on an almost daily basis that humans interact with these contracts. People negotiate the contracts and are the main forces that drive the success (or failure) of the construction project. Money is involved (often a lot of it) and there can at times be temptations to try and squeeze one last dollar out of the job despite what the contract says. Even the strongest contract cannot act as real-time protection against one party that refuses to comply with the contract and its performance or payment terms. Read the full story...
    Reprinted courtesy of The Law Office of Christopher G. Hill
    Mr. Hill may be contacted at chrisghill@constructionlawva.com

    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