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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:


    Building Consultant Contractors Licensing
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    Commercial and Residential Contractors License Required.


    Building Consultant Contractors Building Industry
    Association Directory
    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


    Arizona Court of Appeals Upholds Judgment on behalf of Homeowners against Del Webb Communities for Homes Riddled with Construction Defects

    Don’t Assume Your Insurance Covers A Newly Acquired Company

    Making the Construction Industry a Safer place for Women

    COVID-19 Could Impact Contractor Performance Bonds

    Florida Condo Collapse Shows Town’s Rich, Middle-Class Divide

    Insurer Has No Obligation to Cover Arbitration Award in Construction Defect Case

    Know What You’ve Built: An Interview with Timo Makkonen of Congrid

    Hawaii Supreme Court Finds Excess Can Sue Primary for Equitable Subrogation

    Deducting 2018 Real Property Taxes Prepaid in 2017 Comes with Caveats

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

    Senate Committee Approves Military Construction Funds

    Pile Test Likely for Settling Millennium Tower

    2019 Promotions - New Partners at Haight

    Just When You Thought General Contractors Were Necessary Parties. . .

    Washington Trial Court Narrows Definition of First Party Claimant, Clarifies Available Causes of Action in Commercial Property Loss Context

    Summary Judgment Granted to Insurer for Hurricane Damage

    Building Group Has Successful 2012, Looks to 2013

    Florida’s Citizens Property Insurance May Be Immune From Bad Faith, But Is Not Immune From Consequential Damages

    Insurers in New Jersey Secure a Victory on Water Damage Claims, But How Big a Victory Likely Remains to be Seen

    A Proactive Approach to Construction Safety

    The Practical Distinction Between Anticipatory Breach and Repudiation and How to Deal with Both on Construction Projects

    Mass Timber Reduces Construction’s Carbon Footprint, But Introduces New Risk Scenarios

    Traub Lieberman Attorneys Lisa M. Rolle, Eric D. Suben, and Justyn Verzillo Secure Dismissal of All Claims in a Premises Liability Case

    Insurance Agent Sued for Lapse in Coverage after House Collapses

    MTA’S New Debarment Powers Pose an Existential Risk

    No Duty to Defend Faulty Workmanship Under Hawaii Law, but All is not Lost for Insured Contractor

    New Mexico Architect Is Tuned Into His State

    The Harmon Hotel Construction Defect Trial to Begin

    Court Holds That One-Year SOL Applies to Disgorgement Claims Under B&P Section 7031

    Don't Count On a Housing Slowdown to Improve Affordability

    Boston Team Obtains Complete Defense Verdict for Engineering Firm in Professional Liability Matter

    Most Common OSHA Violations Highlight Ongoing Risks

    Open & Known Hazards Under the Kinsman Exception to Privette

    Procedural Matters Matter!

    U.S. Homeownership Rate Rises for First Time in Two Years

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

    Lessons Learned from Implementing Infrastructure BIM in Helsinki

    Best Practices After Receiving Notice of a Construction Claim

    Failing to Release A Mechanics Lien Can Destroy Your Construction Business

    California Supreme Court Finds Vertical Exhaustion Applies to First-Level Excess Policies

    The Court-Side Seat: FERC Reviews, Panda Power Plaints and Sovereign Immunity

    Key California Employment Law Cases: October 2018

    Living With a Millennial. Or Grandma.

    Consider Arbitration Provision in Homebuilder’s Warranty and Purchase-and-Sale Agreement

    Reporting Requirements for Architects under California Business and Professions Code Section 5588

    A Deep Dive Into an Undervalued Urban Marvel

    Additional Dismissals of COVID Business Interruption, Civil Authority Claims

    One-Upmanship by Contractors In Prevailing Wage Decision Leads to a Bad Result for All . . . Perhaps

    Newport Beach Partners Jeremy Johnson, Courtney Serrato, and Associate Joseph Real Prevailed on a Demurrer in a Highly Publicized Shooting Case!

    The Problem with One Year Warranties
    Corporate Profile

    ANAHEIM CALIFORNIA BUILDING CONSULTANT
    DIRECTORY AND CAPABILITIES

    Leveraging from more than 7,000 construction defect and claims related expert witness designations, the Anaheim, California Building Consultant Group provides a wide range of trial support and consulting services to Anaheim's most acknowledged construction practice groups, CGL carriers, builders, owners, and public agencies. Drawing from a diverse pool of construction and design professionals, BHA is able to simultaneously analyze complex claims from the perspective of design, engineering, cost, or standard of care.

    Building Consultant News & Info
    Anaheim, California

    NYC Landlord Accused of Skirting Law With Rent-Free Months Offer

    October 15, 2024 —
    The opening of Tower 28, one of the tallest residential towers in New York City outside Manhattan, brought rent-stabilized units to Long Island City roughly seven years ago, adding affordable listings to a neighborhood where soaring prices were increasingly squeezing out many renters. Now, three tenants at the 58-story building have filed a class-action lawsuit alleging the landlord sought to evade New York City rent regulations in order to raise prices even higher over time. The lawsuit against the limited liability company tied to 42-12 28th St. in Queens claims that the property owner recorded initial rents with the New York State Division of Housing and Community Renewal that were higher than what the first tenant was actually charged and paid. In doing so, any future rent increases were based off a higher figure, according to the lawsuit. Read the full story...
    Reprinted courtesy of Natalie Wong, Bloomberg

    New York's New Gateway: The Overhaul of John F. Kennedy International Airport

    September 09, 2024 —
    On the cusp of the 70th anniversary of the originally named New York Airport’s opening in Queens, N.Y., a blue-ribbon panel in 2017 released a report to the governor of New York: The facility, once popularly known as Idlewild Airport, needed a comprehensive master plan and a total transformation. In the seven years since, builders at John F. Kennedy International Airport have been anything but idle, and the speed at which that $19-billion transformation of the roads and terminals is occurring could be called wild. Reprinted courtesy of Aileen Cho, Engineering News-Record Ms. Cho may be contacted at choa@enr.com Read the full story...

    Attention Contractors: U.S. Department of Labor Issues Guidance on Avoiding Discrimination When Using AI in Hiring

    November 25, 2024 —
    I recently blogged about the use of AI and ChatGBT in the construction industry. Today’s guest post by Alexandra Shulman and Leah Lively addresses the recent guidance by the USDOL on the issue of using AI when hiring in recruitment, which is applicable to those constructions who use AI in the recruitment process. AI in hiring: About 80% of U.S. and almost all Fortune 500 companies use AI-powered hiring software. AI may be used to target online advertising for job opportunities and to match candidates to jobs on employment platforms (e.g., LinkedIn, Indeed). AI may also be used to reject or rank applicants using automated resume screening and chatbots based on knockout questions, keyword requirements, or specific qualifications or characteristics. Read the full story...
    Reprinted courtesy of Matthew DeVries, Buchalter
    Mr. DeVries may be contacted at mdevries@buchalter.com

    New Jersey Law Firm Announces $4 Million Settlement from Construction Site Accident

    November 11, 2024 —
    WEST ORANGE, N.J., Nov. 07, 2024 (GLOBE NEWSWIRE) -- Greenberg Minasian, LLC, a personal injury law firm located in Essex County, New Jersey, has announced a $4 million settlement stemming from a roofer who suffered serious injuries after a construction site fall. Veteran trial attorney Mitchell Goldstein represented the injured client, who suffered multiple fractures and injuries, permanently affecting his ability to work. In 2018, Robert Smith, who was 61 at the time, fell backward through or over a temporary guard rail at the American Dream Mall in East Rutherford, NJ. The 30-foot fall caused him to suffer serious injuries to his pubis, sacrum, clavicle, and humerus, leading to multiple surgeries and a hip replacement. On behalf of his client, Mr. Goldstein brought suit against the mall developer and construction company, successfully arguing that the temporary guardrails were improperly constructed and insufficiently elevated according to Occupational Safety and Health Administration (OSHA) guidelines. The case was settled just two days before trial, marking a significant victory for the plaintiff and his family. Despite the defense's attempt to argue that Mr. Smith was responsible for his fall, Goldstein was able to refute their claims, asserting that the temporary guardrail's improper construction directly led to the accident. About Greenberg Minasian LLC Based in West Orange, Greenberg Minasian represents clients who have been seriously injured as the result of negligence by others. The firm handles cases anywhere in New Jersey including West Orange, Jersey City, Newark, Essex County and all surrounding areas. The firm continues to achieve the highest awards for its clients and families.

    Why Should Businesses Seek Legal Help Early On?

    December 03, 2024 —
    Most business owners are natural problem solvers. They assess the issue that lies before them and develop a strategy to overcome it. It’s a critical mindset to have, but do all business owners have the skillset to solve every issue? While it is understandable that business owners may want to attempt to resolve issues on their own, it is invariably beneficial to obtain guidance for legal issues earlier rather than later. 3 Reasons to Consult an Attorney Sooner than Later Many people might consider working with an attorney to be a last resort. Typically, this is not the case; rather, getting knowledgeable legal counsel sooner than later can help business owners because:
    1. It’s Cheaper: Early legal intervention can often prevent disputes from leading to litigation, which can be expensive. Working with an attorney to resolve a conflict before it escalates into a larger issue is often a good business decision and wise investment.
    Read the full story...
    Reprinted courtesy of Scott L. Baker, Baker & Associates
    Mr. Baker may be contacted at slb@bakerslaw.com

    The Final Frontier Opens Up New Business Opportunities for Private Contractors

    August 26, 2024 —
    Earlier this year, the U.S. Department of Defense (“DOD”) issued its Commercial Space Integration Strategy. While arguably still in the early stages of implementation, this policy shows a significant shift in creating new opportunities for contractors to work with and sell commercial solutions to DOD. This creates big opportunities for the construction industry. DOD’s current construction budget is over $2.9 billion,[1] and seeking to increase funding and projects with the private sector also increases the need for construction of facilities to house those partnerships. For contractors who may be able to take advantage of these opportunities and the facilities that support them, it is worth having an understanding of what a prospective contractor would need to do to participate and what pitfalls may be attached to these programs. In an effort to call out the elephant in the room, the timing of these policies coming out in the year before an election should not be ignored. While grounded in the 2022 National Defense Strategy and other established departmental policies, a change in administration could create change in how these prospective opportunities are handled. Read the full story...
    Reprinted courtesy of Jessica S. Allain, Jones Walker
    Ms. Allain may be contacted at jallain@joneswalker.com

    Meet the Forum's Neutrals: TOM DUNN

    October 21, 2024 —
    Company: Pierce Atwood LLP Office Location: Boston, MA Licensed in: Massachusetts, Rhode Island, California (inactive) Email: rtdunn@pierceatwood.com Website: https://www.pierceatwood.com/people/r-thomas-dunn Law School: McGeorge School of Law (2004 JD) Types of ADR services offered: Arbitration Affiliated ADR organizations: American Arbitration Association Geographic area served: Massachusetts, Rhode Island, and New England Q: Describe the path you took to becoming an ADR neutral. A: Arbitration and alternative forms to avoid and resolve disputes has interested me since law school. Serving as an arbitrator is rewarding both as a neutral helping people close out disputes, but also as an advocate as it reminds me about how best to communicate with the fact finder. Read the full story...
    Reprinted courtesy of Marissa L. Downs, Laurie & Brennan, LLP
    Ms. Downs may be contacted at mdowns@lauriebrennan.com

    Thirteen Payne & Fears Attorneys Honored by Best Lawyers

    August 19, 2024 —
    Congratulations to the 13 Payne & Fears attorneys included in the 2025 Edition of “Lawyer of the Year,” The Best Lawyers In America®, and Best Lawyers: Ones to Watch®. Attorneys have been recognized in the following practice areas: 2025 Edition “Lawyer of the Year” Orange County Benjamin A. Nix
    • Trade Secrets Law
    Daniel F. Fears
    • Litigation – Labor and Employment
    Read the full story...
    Reprinted courtesy of Payne & Fears LLP