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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
    Anaheim California Building Consultant 10/ 10

    Building Industry Association Southern California - Building Industry Association of S Ca Antelope Valley
    Local # 0532
    44404 16th St W Suite 107
    Lancaster, CA 93535
    Anaheim California Building Consultant 10/ 10


    Building Consultant News and Information
    For Anaheim California


    Construction Up in Northern Ohio

    Haight Welcomes Elizabeth Lawley

    Pollution Exclusion Does Not Apply To Concrete Settling Dust

    Insurers Need only Prove that Other Coverage Exists for Construction Defect Claims

    Shea Homes CEO Receives Hearthstone Builder Humanitarian Award

    Editorial: Qatar Is Champion of Safety Hypocrisy in Migrant Worker Deaths

    Miller Law Firm Helped HOA Recover for Construction Defects without Filing a Lawsuit

    General Contractors Must Plan to Limit Liability for Subcontractor Injury

    Engineering Report Finds More Investigation Needed of Balconies at New Jersey Condo

    Contractual Warranty Agreements May Preclude Future Tort Recovery

    Inspectors Hurry to Make Sure Welds Are Right before Bay Bridge Opening

    Case Dispositive Motion for Summary Judgment Granted for BWB&O’s Client in Wrongful Death Case!

    When Your “Private” Project Suddenly Turns into a “Public” Project. Hint: It Doesn’t Necessary Turn on Public Financing or Construction

    Statutes of Limitations May be the Colorado Contractors’ Friend

    Latest Updates On The Coronavirus Pandemic

    Kaylin Jolivette Named LADC's Construction and Commercial Practice Chair

    Real Estate & Construction News Roundup (10/16/24) – Chevron Ruling’s Impact on Construction Industry, New Kind of Public Housing and Policy Recommendations from Sustainable Building Groups

    The Quiet War Between California’s Charter Cities and the State’s Prevailing Wage Law

    Preventing Acts of God: Construction Accidents Caused by Outside Factors

    North Dakota Court Determines Inadvertent Faulty Workmanship is an "Occurrence"

    Palm Beach Billionaires’ Fix for Sinking Megamansions: Build Bigger

    Five "Boilerplate" Terms to Negotiate in Your Next Subcontract

    Cameron Pledges to Double Starter Homes to Boost Supply

    Buildings Don't Have To Be Bird-Killers

    The Hazards of Carrier-Specific Manuscript Language: Ohio Casualty's Off-Premises Property Damage and Contractors' E&O Endorsements

    Congratulations to BWB&O’s 2023 Mountain States Super Lawyers Rising Stars!

    Boston Building Boom Seems Sustainable

    How to Make the Construction Dispute Resolution Process More Efficient and Less Expensive

    #11 CDJ Topic: Cortez Blu Community Association, Inc. v. K. Hovnanian at Cortez Hill, LLC, et al.

    Construction Law Alert: Unlicensed Contractors On Federal Projects Entitled To Payment Under The Miller Act

    Does the Implied Warranty of Habitability Extend to Subsequent Purchasers? Depends on the State

    Home Building on the Upswing in Bakersfield

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    First-Time Homebuyers Make Biggest Share of Deals in 17 Years

    Mediation Clause Can Stay a Miller Act Claim, Just Not Forever

    A Behind-the-Scenes Look at Substitution Hearings Under California’s Listing Law

    Business Insurance Names Rachel Hudgins Among 2024 Break Out Award Winners

    Colorado Legislature Considering Making it Easier to Prevail on CCPA Claims

    Governmental Action Exclusion Bars Claim for Damage to Insured's Building

    Scientists found a way to make Cement Greener

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    The Investors Profiting Off Water Scarcity

    Contractor Sues Yelp Reviewer for Defamation

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    Crane Firm Pulled Off NYC Projects Following Multiple Incidents

    Differing Site Conditions Produce Differing Challenges

    Robinson+Cole’s Amicus Brief Adopted and Cited by Massachusetts’s High Court

    One Colorado Court Allows Negligence Claim by General Contractor Against Subcontractor

    New Jersey Law Firm Sued for Malpractice in Construction Defect Litigation
    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

    Traub Lieberman Attorneys Recognized in the 2025 Edition of The Best Lawyers in America®

    September 09, 2024 —
    Traub Lieberman is pleased to announce that five Partners have been selected by their peers for inclusion in the 2025 edition of The Best Lawyers in America®. In addition, seven attorneys have been included in the 2025 Best Lawyers®: Ones to Watch list. These recognitions include attorneys from the firm’s Hawthorne, NY; Chicago, IL; Palm Beach Gardens, FL; and St. Petersburg, FL offices. 2025 Best Lawyers® Hawthorne, NY
    • Lisa L. Shrewsberry – Commercial Litigation
    Chicago, IL
    • Brian C. Bassett – Insurance Law
    Palm Beach Gardens, FL
    • Rina Clemens – Personal Injury Litigation – Defendants, Product Liability Litigation – Defendants
    St. Petersburg, FL
    • Lauren S. Curtis – Insurance Law
    • Scot E. Samis – Appellate Practice
    Read the full story...
    Reprinted courtesy of Traub Lieberman

    Payne & Fears Recognized by Best Lawyers in 2025 Best Law Firms®

    December 03, 2024 —
    Payne & Fears LLP has been named to the 2025 Best Lawyers “Best Law Firms” list. This recognition highlights firms that demonstrate professional excellence, receiving outstanding ratings from both clients and peers. Payne & Fears has been ranked in the following practice areas: Metropolitan Tier 1
    • Orange County
      • Commercial Litigation
      • Employment Law – Management
      • Insurance Law
      • Labor Law – Management
      • Litigation – Labor and Employment
      • Litigation – Real Estate
    Metropolitan Tier 2
    • Las Vegas
      • Commercial Litigation
    Metropolitan Tier 3
    • Orange County
      • Litigation – Intellectual Property
    Read the full story...
    Reprinted courtesy of Payne & Fears LLP

    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...

    Attorneys’ Fees and the American Arbitration Association Rule

    September 09, 2024 —
    A common question from clients, when a dispute arises on a construction project, is whether they can recover their attorney’s fees from the other side if they pursue a case and win. More often than not, such fees are not recoverable. As a general rule (commonly known as the “American Rule”), each party to a dispute must bear their own attorney’s fees unless there is some statutory provision or contractual agreement between the parties allowing otherwise. Since most construction disputes involve claims for breach of contract and/or negligence, no realistic statutory provision often allows for attorney’s fees. Many construction contracts do not typically provide a prevailing party the right to collect attorney’s fees from the other side. However, even if the American Rule applies, there may be another path to recovering attorney’s fees if the parties agree to arbitrate their dispute under the American Arbitration Association (AAA) rules. Reprinted courtesy of Bill Wilson, Robinson & Cole LLP Mr. Wilson may be contacted at wwilson@rc.com Read the full story...

    Boston Team Secures Summary Judgment Dismissal on Client’s Behalf in Serious Personal Injury Case

    October 21, 2024 —
    Boston, Mass. (October 14, 2024) - Boston Managing Partner Kenneth B. Walton and Partner Matthew M. O' Leary recently secured summary judgment on behalf of a civil engineering firm in a serious personal injury matter arising from a trip-and-fall incident in a mall parking lot. The client was retained to provide site civil engineering design for the parking lot of a local mall. The design included multiple bioretention areas known as rain gardens. In November of 2019, a woman tripped and fell while attempting to cross a rain garden to reach her car. She suffered significant bodily injuries, including a fracture of the cervical spine that resulted in partial paralysis. The woman and her husband sued the mall's owner for negligence and loss of consortium in June 2021. The owner, in turn, impleaded Lewis Brisbois' client and the lot's builder, asserting third-party claims for contribution, contractual and common law indemnity, and breach of contract. In addition, the builder cross-claimed against Lewis Brisbois' client for contribution and common law indemnity. Read the full story...
    Reprinted courtesy of Lewis Brisbois

    Toolbox Talk Series Recap - Undocumented Change Work

    October 15, 2024 —
    In the August 29, 2024 edition of Division 1's Toolbox Talk Series, Don Rea presented on the causes of undocumented change order work and what actions parties to a construction project can take to protect themselves, which compliments and reinforces some of the key points from the May 30, 2024 Toolbox Talk on maximizing profits while experiencing changes during project performance. Article 7 of AIA A201 General Conditions covers (i) change orders, (ii) constructive change directives, and (iii) “minor changes.” Work that falls outside the scope of the construction contract will often fit into one of these three categories. Rea’s presentation focused on the fact that, regardless of which category applies, proper documentation of the change work is vital. Read the full story...
    Reprinted courtesy of Douglas J. Mackin, Cozen O’Connor
    Mr. Mackin may be contacted at dmackin@cozen.com

    Hawaiian Electric Finalizes $2 Billion Maui Fire Settlement

    November 18, 2024 —
    Hawaiian Electric Industries formalized a $2 billion agreement to settle damage claims from a wildfire that razed the historic town of Lahaina and killed more than 100 people. The utility-owner had reached a tentative agreement in August in which it, along with other defendants including the state of Hawaii, Maui County and landowners, would pay $4 billion to resolve hundreds of lawsuits stemming from last year’s wildfire, according to a filing Tuesday. The settlements don’t resolve claims with insurers that are part of separate lawsuits. Read the full story...
    Reprinted courtesy of Mark Chediak, Bloomberg

    Repairs to Water Infrastructure Underway After Hurricane Helene

    October 07, 2024 —
    As transportation officials in Tennessee and North Carolina brace for long rebuilds of heavily damaged interstates in remote and rugged areas of the Appalachian Mountains, local agencies are also at work restoring water and sewer services to residents nearly one week after Hurricane Helene made landfall. Reprinted courtesy of Derek Lacey, Engineering News-Record Mr. Lacey may be contacted at laceyd@enr.com Read the full story...