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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
    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
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    Building Consultant News and Information
    For Anaheim California


    Connecticut Federal District Court Keeps Busy With Collapse Cases

    Climate-Proofing Your Home: Upgrades to Weather a Drought

    Ahlers & Cressman’s Top 10 Construction Industry Contract Provisions

    Navigating the Construction Burrito: OCIP Policies in California’s Construction Defect Cases

    Couple Sues for Construction Defects in Manufactured Home

    Pipeline Safety Violations Cause of Explosion that Killed 8

    Court Holds That Trimming of Neighbor’s Trees is Not an Insured Accident or Occurrence

    Not Our Territory: 11th Circuit Dismisses Hurricane Damage Appraisal Order for Lack of Jurisdiction

    No Duty to Defend Under Pollution Policy

    New Law Impacting Florida’s Statute of Repose

    Witt Named to 2017 Super Lawyers

    California Appellate Court Confirms: Additional Insureds Are First-Class Citizens

    Federal Interpleader Dealing with Competing Claims over Undisputed Payable to Subcontractor

    Florida “get to” costs do not constitute damages because of “property damage”

    A General Contractor’s Guide to Additional Insured Coverage

    Responding to Ransomware Learning from Colonial Pipeline

    Wine without Cheese? (Why a construction contract needs an order of precedence clause)(Law Note)

    Increasing Use of Construction Job Cameras

    The General Assembly Adds Some Clarity to Contracts and Unlicensed Contractors

    BUILD Act Inching Closer To Reality

    Developer Transition – Washington DC Condominiums

    Economist Predicts Housing Starts to Rise in 2014

    Contractor Side Deals Can Waive Rights

    Court Exclaims “Enough!” To Homeowner Who Kept Raising Wrongful Foreclosure Claims

    California Court of Appeal Holds a Tenant Owes No Duty to Protect a Social Guest From a Defective Sidewalk Leading to a Condominium Unit

    Ruling Closes the Loop on Restrictive Additional Insured Endorsement – Reasonable Expectations of Insured Builder Prevails Over Intent of Insurer

    Business Insurance Names Rachel Hudgins Among 2024 Break Out Award Winners

    Fort Lauderdale Partner Secures Defense Verdict for Engineering Firm in High-Stakes Negligence Case

    Emotional Distress Damages Not Distinct from “Annoyance and Discomfort” Damages in Case Arising from 2007 California Wildfires

    California’s Right To Repair Act Is The Sole Remedy For Damages For Construction Defects In New Residential Construction

    Harsh New Time Limits on Construction Defect Claims

    Superintendent’s On-Site Supervision Compensable as Labor Under Miller Act

    To Catch a Thief

    Follow Up on Continental Western v. Shay Construction

    MTA Debarment Update

    New World to Demolish Luxury Hong Kong Towers in Major Setback

    Pennsylvania Supreme Court Dismisses Appeal of Attorney Fee Award Under the Contractor and Subcontractor Payment Act

    Finding Insurer's Declaratory Relief Action Raises Unsettled Questions of State Law, Case is Dismissed

    Amazon Feels the Heat From Hoverboard Fire Claims

    Conflicting Exclusions Result in Duty to Defend

    DHS Awards Contracts for Border Wall Prototypes

    Making the Construction Dispute Resolution Process More Efficient and Less Expensive, Part 2

    Florida Supreme Court: Notice of Right to Repair is a CGL “Suit,” SDV Amicus Brief Supports Decision

    Las Vegas Partner Sarah Odia Named a 2023 Mountain States Super Lawyer Rising Star

    The CA Supreme Court Grants Petition for Review of McMillin Albany LLC v. Super Ct. 2015 F069370 (Cal.App.5 Dist.) As to Whether the Right to Repair Act (SB800) is the Exclusive Remedy for All Defect Claims Arising Out of New Residential Construction

    What to Know Before Building a Guesthouse

    Co-Housing Startups Fly in the Face of Old-School NYC Housing Law

    Conflicts of Laws, Deficiency Actions, and Statutes of Limitations – Oh My!

    Subsequent Owners of Homes Again Have Right to Sue Builders for Construction Defects

    Maintenance Issues Ignite Arguments at Indiana School
    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

    Staffing Company Not Entitled to Make a Claim Against a Payment Bond and Attorneys’ Fees on State Public Works Payment Bonds

    August 12, 2024 —
    It’s not quite Baskin Robbin’s “31 Flavors” but the panoply of statutory construction payment remedies available to contractors, subcontractor and material suppliers in California, from mechanics liens to stop payment notices to payment bond claims, can be tempting to reach for when you are not paid. However, some flavors are more readily available than others, as a staffing agency discovered in K & S Staffing Solutions, Inc. v. The Western Surety Company, Case Nos. C096705 and C097987 (January 2, 2024). The K & S Staffing Case The California Department of Transportation awarded VSS International, Inc. two public works construction contracts for road maintenance. Each involved an expenditure of over $25,000 and VSSI obtained a payment bond from Western Surety Company. Titan DVBE Inc. was a subcontractor on both projects. For most years, Titan employed its own workers. However, when it learned that its insurance carrier would no longer be offering workers’ compensation insurance in California it switched to K & S Staffing Solutions, Inc. to fulfill its staffing needs. Read the full story...
    Reprinted courtesy of Garret Murai, Nomos LLP
    Mr. Murai may be contacted at gmurai@nomosllp.com

    Los Angeles Recovery Crews Begin to Mobilize as Wildfires Continue to Burn

    January 21, 2025 —
    More than a week since wildfires broke out in the Los Angeles area stoked by hurricane-force Santa Ana winds, officials are hoping that a change in the weather will soon allow the long process of recovery to begin. Reprinted courtesy of Scott Blair, ENR, Aileen Cho, ENR and C.J. Schexnayder, ENR Mr. Blair may be contacted at blairs@enr.com Ms. Cho may be contacted at choa@enr.com Mr. Schexnayder may be contacted at schexnayderc@enr.com Read the full story...

    Real Estate & Construction News Roundup (7/2/24) – Increase in Commercial Property Vacancy Rates, Trouble for the Real Estate Market and Real Estate as a Long-Term Investment

    July 31, 2024 —
    In our latest roundup, the evolution of stadium construction, an increase in legal and legislative action affecting the multifamily sector, and growing concerns for owners of office space.
    • The work-from-home trend will likely push up the commercial property vacancy rate in 2026 to a peak average of 24%, or 4 percentage points higher than the first quarter of this year. (Jim Tyson, CFO Dive)
    • In recent years, stadium construction has evolved to focus more on cultivating the game day experience with some multibillion-dollar projects breaking ground, as existing venues get renovations. (Zachary Phillips, Construction Dive)
    • A number of prominent issues affecting the multifamily industry, including rent control, fees and antitrust concerns, have been subject to increasing levels of legal and legislative action over the past year. (Mary Salmonsen, Multifamily Dive)
    Read the full story...
    Reprinted courtesy of Pillsbury's Construction & Real Estate Law Team

    Athletic Trainers Help Workers Get Back to the Jobsite and Stay Healthy After Injury

    August 12, 2024 —
    There are a number of factors on an active jobsite that can lead to workplace injuries. Heavy machinery, fast-moving equipment, material handling, loud noises and more can create safety hazards and make it easy to lose focus or become distracted. Additionally, the movements workers have to do in their roles—such as lifting or pushing objects or crouching low to the ground for extended periods—can add strain to the body if not done correctly. The goal is always to minimize the risk of injury, and yet, incidents still occur. According to 2020 Bureau of Labor Statistics data, slips, trips and falls are the most common injuries, accounting for 18% of non-fatal work injuries resulting in days away from work. When workers are injured, it can lead to downtime, lost productivity on the site and workers’ compensation claims. Employers and site leaders can take various approaches to help workers return to the jobsite safely and effectively and keep them healthy once they return. Introducing an onsite clinic and athletic trainers can help prevent injuries, improve worker health, get people back to work effectively and keep them healthy in the long run. Here are three ways athletic trainers help workers get back to the job and improve their overall health. Reprinted courtesy of Bryan Lockhart, Construction Executive, a publication of Associated Builders and Contractors. All rights reserved. Read the full story...

    New ConsensusDocs 242 Design Professional Change Order Form Helps Facilitate Compensation for Changes in Design Services

    November 05, 2024 —
    ConsensusDocs is publishing a new ConsensusDocs 242 Change in Services and Compensation, a change order for design services by a design professional. In the design and construction industry, one thing is certain – change. The work scope included in basic design services an architect or engineer provides occurs somewhat regularly. Previously, ConsensusDocs did not have a standard contract document for changing design professionals’ prices. As a result of user feedback, the ConsensusDocs Contract Content Advisory Council (CCAC) drafted this new architect/engineer change order. The CCAC unanimously approved the new contract document and publication is set for October 14, 2024. The document will be available for most ConsensusDocs subscribers. The full, owner, design-professional, and short-form subscription packages will include the document. A subscription package can be purchased through ConsensusDocs here. The design professional change order helps owners of construction projects keep track of additional services their design professionals perform. The design professional must provide itemized labor breakdowns for each invoice. The new ConsensusDocs 242 has options for compensation to be actual hours at the billing rate or a lump sum. The new contract document form also has a table for the remaining project deliverables and their respective due dates. Read the full story...
    Reprinted courtesy of Brian Perlberg, ConsensusDocs Coalition
    Mr. Perlberg may be contacted at bperlberg@ConsensusDocs.org

    Employees in Construction Industry Entitled to Compensation for Time Spent Complying with Employer-Mandated Security Protocols

    August 19, 2024 —
    Wage and hour laws dictating how employers must compensate their employees for time worked can, given the innumerable ways that employees perform their jobs, raise a number of questions. The next case, Huerta v. CSI Electrical Contractors, 15 Cal.5th 908 (2024) – which I won’t spend a lot of time discussing since I think it applies in somewhat limited situations – addresses whether employees are entitled to be paid while waiting to enter and exit worksites and for meal periods when they are not allowed to exit a worksite. The Huerta Case The 9th Circuit Court of Appeals requested that the California Supreme Court address three questions related to whether employees should be compensated under California wage and hour laws for time spent waiting to enter and exit worksites and for meal periods when they are not allowed to exit a worksite:
    1. Whether employees should be paid for time spent waiting in a personal vehicle to be scanned in and out of a worksite;
    2. Whether employees should be paid for time spent traveling in a personal vehicle from a security gate to employee parking lots; and
    3. Whether employees should be paid during meal periods if they are not permitted to leave a worksite.
    Read the full story...
    Reprinted courtesy of Garret Murai, Nomos LLP
    Mr. Murai may be contacted at gmurai@nomosllp.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...

    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