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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

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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


    While You Were Getting Worked Up Over Oil Prices, This Just Happened to Solar

    Nomos LLP Partner Garret Murai Recognized by Super Lawyers

    Is Solar the Next Focus of Construction Defect Suits?

    BHA has a Nice Swing Donates to CDCCF

    An Architect Uses AI to Explore Surreal Black Worlds

    EEOC Issues Anti-Harassment Guidance To Construction-Industry Employers

    Texas Supreme Court Holds Anadarko’s $100M Deepwater Horizon Defense Costs Are Not Subject To Joint Venture Liability Limits

    Will the Hidden Cracks in the Bay Bridge Cause Problems During an Earthquake?

    Bankrupt Canada Contractor Execs Ordered to Repay $26 Million

    Palm Beach Billionaires’ Fix for Sinking Megamansions: Build Bigger

    Homeowners May Not Need to Pay Lien on Defective Log Cabin

    A Court-Side Seat: Permit Shields, Hurricane Harvey and the Decriminalization of “Incidental Taking”

    How to Remove a Mechanics Lien from Your Property

    Construction Contract Clauses Which Go Bump in the Night – Part 1

    U.K. Puts Tax on Developers to Fund Safer Apartment Blocks

    Real Estate & Construction News Round-Up (08/24/22) – Local Law 97, Clean Energy, and IRA Tax Credits

    Congratulations 2024 DE, MA, MD, NJ, NY, and PA Super Lawyers and Rising Stars

    Not If, But When: Newly Enacted Virginia Legislation Bans “Pay-If-Paid” Clauses In Construction Contracts

    Garlock Five Years Later: Recent Decisions Illustrate Ongoing Obstacles to Asbestos Trust Transparency

    PPP Loan Extension Ending Aug. 8

    It’s Getting Harder and Harder to be a Concrete Supplier in California

    Why Federal and State Agencies are Considering Converting from a “Gallons Consumed” to a “Road Usage” Tax – And What are the Risks to the Consumer?

    Allegations That COVID-19 Was Physically Present and Altered Property are Sufficient to Sustain COVID-19 Business Interruption Suit

    Foundation Differences Across the U.S.

    Transportation Officials Make the Best of a Bumpy 2020

    Housing Prices Up through Most of Country

    Stormy Seas Ahead: 5th Circuit to Review Whether Maritime Law Applies to Offshore Service Contract

    The General Assembly Adds Some Clarity to Contracts and Unlicensed Contractors

    The Leaning Tower of San Francisco

    Additional Insured Prevails on Summary Judgment For Duty to Defend, Indemnify

    Specific Performance: Equitable Remedy to Enforce Affirmative Obligation

    New Pedestrian, Utility Bridge Takes Shape on Everett Waterfront

    Water Alone is Not Property Damage under a CGL policy in Connecticut

    Balfour in Talks With Carillion About $5 Billion Merger

    A Homeowner’s Subsequent Action is Barred as a Matter of Law by way of a Prior “Right to Repair Act” Claim Resolved by Cash Settlement for Waiver of all Known or Unknown Claims

    Former Hoboken, New Jersey Mayor Disbarred for Taking Bribes

    A Proactive Approach to Construction Safety

    Builders Beware: Smart Homes Under Attack by “Hide ‘N Seek” Botnet

    Substantial Completion Explained: What Contractors & Owners Should Know

    Demonstrating A Fraudulent Inducement Claim Or Defense

    In Appellate Division First, New York Appellate Team Successfully Invokes “Party Finality” Doctrine to Obtain Dismissal of Appeal for Commercial Guarantors

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    Safety, Compliance and Productivity on the Jobsite

    Contractor Convicted of Additional Fraud

    Arbitration Provisions Are Challenging To Circumvent

    Chinese Hunt for Trophy Properties Boosts NYC, London Prices

    After More than Two Years, USDOT Rejects WSDOT’s Recommendation to Reinstate Non-Minority Women-Owned DBEs into DBE Participation Goals

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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

    Real Estate & Construction News Roundup (12/4/24) – Highest Rate of Office Conversions, Lending Caps for Fannie Mae and Freddie Mac and Affordability Challenges for Homebuyers

    December 23, 2024 —
    In our latest roundup, infrastructure-related ballot initiatives, U.S. Green Building Council’s success stories, support for sustainable building, and more!
    • 2024 is expected to see the highest rate of office conversions since CBRE began tracking them in 2016. (Nish Amarnath, SmartCities Dive)
    • The Federal Housing Finance Agency has established lending caps of $73 billion each for Fannie Mae and Freddie Mac, allowing them to purchase a total of up to $146 billion in multifamily loans in 2025. (Leslie Shaver, Multifamily Dive)
    • A number of infrastructure-related initiatives with the potential to impact facilities managers were on the ballot during the 2024 U.S. presidential election. (Joe Burns, Construction Dive)
    Read the full story...
    Reprinted courtesy of Pillsbury's Construction & Real Estate Law Team

    Scott Saylin Expands Employment Litigation and Insurance Litigation Team at Payne & Fears

    September 23, 2024 —
    Scott Saylin has joined Payne & Fears LLP as a Law Clerk in the firm’s Employment Litigation Group and Insurance Litigation Group. Before his time at Payne & Fears, Scott served as a law clerk for Cascadia Healthcare in Boise, Idaho. “We are pleased to welcome Scott Saylin back to the firm. He was with us as a summer associate before completing his final year of law school at George Washington University,” said Amy Patton, the group’s co-chair. “Scott has fantastic potential to develop into an excellent litigator and will be an asset to our team.” Get to Know Scott What activities do you enjoy outside of work? Pickle ball, long walks, beach trips, cooking, watching the Lakers games, and playing the guitar & piano. Read the full story...
    Reprinted courtesy of Payne & Fears LLP

    Report Highlights Trends in Construction Tech, Digitization, and AI

    November 11, 2024 —
    Bluebeam, a top technology provider for AEC professionals, has just released its “Building the Future: Bluebeam AEC Technology Outlook 2025” report. This report highlights key global trends in construction technology, including the role of AI and digital tools. Based on insights from over 400 AEC technology leaders, the report also uncovers challenges that prevent full-scale adoption of these tools. The online research surveyed technology decision-makers (managers or above) within AEC firms in the US, UK, Canada, France, Spain, Germany, Australia, and New Zealand in July 2024. AI’s Growing Role in Construction According to the report, 74% of surveyed AEC professionals are now using AI in one or more phases of building projects. AI is especially popular in the design (48%) and planning (42%) stages. Many AEC firms recognize its value: over half (55%) of companies using AI say it’s crucial, and most now allocate up to 25% of their budgets to AI initiatives. Despite this support, concerns over AI regulation are significant. About 54% of respondents are worried about regulations, and 44% say this impacts their use of AI. Read the full story...
    Reprinted courtesy of Aarni Heiskanen, AEC Business
    Mr. Heiskanen may be contacted at aec-business@aepartners.fi

    Wilke Fleury Attorneys Featured in “The Best Lawyers in America” & “Best Lawyers: Ones to Watch” 2025 Editions

    August 19, 2024 —
    2025 Best Lawyers & Ones to Watch George Guthrie, Best Lawyer Adriana Cervantes, One to Watch Steven Williamson, Best Lawyer Jason Eldred, One to Watch Daniel Foster, Best Lawyer David Frenznick, Best Lawyer Kathryne Baldwin, One to Watch Daniel Egan, Best Lawyer Wilke Fleury is extremely proud to have five attorneys recognized in The Best Lawyers in America and three attorneys recognized in the Best Lawyers: Ones to Watch in America! Best Lawyers has been regarded by lawyers and the public for more than 40 years as the most credible measure of legal integrity and distinction in the United States. Congratulations to this talented group! Read the full story...
    Reprinted courtesy of Wilke Fleury LLP

    Newport Beach Attorneys John Toohey and Nick Rodriguez Receive Full Defense Verdict

    July 31, 2024 —
    Bremer Whyte Brown & O’Meara is pleased to report that Partner John Toohey and Senior Associate Nicholas Rodriguez received a complete defense verdict after a 5-week jury trial in Orange County Superior Court. The case involved a multimillion-dollar home in Orange County. Plaintiff had originally suffered a water loss throughout areas of the home. Our client, an Orange County restoration and construction company, was hired to provide on-going estimates and perform demolition. Plaintiff claimed that, in the course of the demolition process, asbestos containing material was disturbed and spread resulting in contamination throughout home. Plaintiff claimed contractor negligence and breach of contract against our client. Plaintiff sought millions against our client in general and special damages for whole home restoration and other related general damages. The jury found in complete favor of our client on all allegations and awarded zero dollars to the opposing party. Read the full story...
    Reprinted courtesy of Dolores Montoya, Bremer Whyte Brown & O'Meara LLP

    BWB&O’s Motion for Summary Judgment is Granted in a Premises Liability Matter

    November 05, 2024 —
    Congratulations to Newport Beach Partner Courtney Serrato and Associate Joseph Real on Prevailing on a Motion for Summary Judgment for their Client! Plaintiff filed a lawsuit alleging negligence and premises liability against BWB&O’s client, a general contractor of a multi-level construction project. Plaintiff was injured after a fall at the construction project and filed suit against BWB&O’s client and another subcontractor. Plaintiff alleged BWB&O’s client was negligent and was responsible for causing Plaintiff’s fall. BWB&O filed a Motion for Summary Judgment arguing under the Privette Doctrine and its progeny, it neither owed nor breached any duty to Plaintiff and that no exception to the doctrine applied. Under the Privette Doctrine, when a person or entity hires an independent contractor to provide work or services, and one of the contractor’s employees is injured on the job, the hirer is generally not liable to the employee. Read the full story...
    Reprinted courtesy of Dolores Montoya, Bremer Whyte Brown & O'Meara LLP

    Top 10 Take-Aways from the 2024 Fall Forum Meeting in Pittsburgh

    December 03, 2024 —
    Over 500 construction law attorneys and consultants convened last week at the confluence of three rivers in what became the first-ever meeting in Pittsburgh, Pennsylvania of the ABA Forum on Construction Law. The Steel City was a fitting backdrop for a meeting focused on issues of design in construction. Thanks to the hard work of many, most notably the newly minted Forum Chair Keith Bergeron and Meeting Coordinators Kendall Woods and Michael Clark, the meeting's attendees brought home new connections and a host of new lessons learned. Read on for my top 10 take-aways from the 2024 Fall Meeting in Pittsburgh and feel free to share yours in the comments below. 10. An architect's standard of care does not require perfection. A common refrain across many of the meeting's plenary sessions was that any design that is produced by human hands will never be perfect. In recognition of our own fallibility, the legal standard to which design professionals will be held to account does not require that their designs be error-free. A design professional must generally exercise the degree of care and skill ordinarily exercised by professionals performing similar services under similar circumstances. Establishing what that means in each locality will vary and will most likely need to be supported by the expert opinion of another practicing design professional. Read the full story...
    Reprinted courtesy of Marissa L. Downs, Laurie & Brennan, LLP
    Ms. Downs may be contacted at mdowns@lauriebrennan.com

    Federal Court Holds that Demolition Exclusion Does Not Apply and Carrier Has Duty to Defend Additional Insureds

    September 02, 2024 —
    In the recent case of Travelers Indem. Co. v. Trisura Specialty Ins. Co., 2024 U.S. Dist. LEXIS 101953 (S.D.N.Y. June 7, 2024), the court had occasion to consider the classic additional insured fact pattern of a construction accident. Travelers insured the general contractor and provided a defense to the general contractor as well as its wholly owned subsidiary. Trisura insured the subcontractor, who employed the injured worker. Travelers brought suit, alleging that Trisura is obligated to defend and indemnify the general contractor, its subsidiary, the owner of the building (The City of New York), and the tenant. Trisura denied any obligation to provide coverage due to the application of the “Demolition Exclusion” to the Trisura policy, which provides, in part, that there is no coverage for injury or damage arising out of the demolition of any building or structure which has original ground height in excess of three stories. The accident occurred during the interior demolition of the fifth floor of the building. The court held that the Demolition Exclusion applies only when there is a complete tearing down, razing, or destruction of an entire building. As the accident occurred during interior demolition, the exclusion did not apply. Read the full story...
    Reprinted courtesy of Craig Rokuson, Traub Lieberman
    Mr. Rokuson may be contacted at crokuson@tlsslaw.com