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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


    Confidence Among U.S. Homebuilders Declines to Eight-Month Low

    South Carolina Supreme Court Requires Transparency by Rejecting an Insurer’s “Cut-and-Paste” Reservation of Rights

    Acord Certificates of Liability Insurance: What They Don’t Tell You Can Hurt You

    Vietnam Expands Arrests in Coffee Region Property Probe

    Mississippi River Spends 40 Days At Flood Stage, Mayors Push for Infrastructure Funding

    SNC-Lavalin’s Former Head of Construction Pleads Guilty to Bribery, Money Laundering

    Resolving Condominium Construction Defect Warranty Claims in Maryland

    Lawsuit Decries Environmental Assessment for Buffalo, NY, Expressway Cap Project

    Issue and Claim Preclusion When Forced to Litigate Similar Issues in Different Forums: White River Village, LLP v. Fidelity and Deposit Company of Maryland

    Constructive Changes – A Primer

    Court Holds That Public Entity Can Unilaterally Replace Subcontractor Under California’s Subletting and Subcontracting Fair Practices Act

    ASCE Statement on House Passage of the Water Resources Development Act of 2024

    Corps Proposes $4.6B Plan to Steel Miami for Storm Surge

    Clean Water Act Cases: Of Irrigation and Navigability

    Unpunished Racist Taunts: A Pennsylvania Harassment Case With No True 'Winner'

    Subcontractors Essential to Home Building Industry

    Florida Contractor on Trial for Bribing School Official

    Oregon Condo Owners Make Construction Defect Claim

    Partner Jonathan R. Harwood Obtained Summary Judgment in a Case Involving a Wedding Guest Injured in a Fall

    No Subrogation, Contribution Rights for Carrier Defending Construction Defect Claim

    Federal Defend Trade Secrets Act Enacted

    The Five-Step Protocol to Reopening a Business

    Wendel Rosen Construction Attorneys Recognized by Super Lawyers and Best Lawyers

    Construction Wall Falls, Hurts Three

    Wildfire Insurance Coverage Series, Part 6: Ensuring Availability of Insurance and State Regulations

    Firm Sued for Stopping Construction in Indiana Wants Case Tried in Germany

    UPDATE - McMillin Albany LLC v. Superior Court

    California insured’s duty to cooperate and insurer’s right to select defense counsel

    Common Construction Contract Provisions: No-Damages-for-Delay Clause

    Real Estate & Construction News Roundup (05/23/23) – Distressed Prices, Carbon Removal and Climate Change

    New York Condominium Association Files Construction Defect Suit

    Ivanhoe Cambridge Plans Toronto Office Towers, Terminal

    Express Warranty Trumping Spearin’s Implied Warranty

    The Black Woman Architect Who Hopes to Change the Face of Design in America

    What to do When the Worst Happens: Responding to a Cybersecurity Breach

    Visual Construction Diaries – Interview with Jeff Sassinsky of Fovea Aero

    Toolbox Talk Series Recap - Guided Choice Mediation

    Waive Your Claim Goodbye: Louisiana Court Holds That AIA Subrogation Waiver Did Not Violate Anti-Indemnification Statute and Applied to Subcontractors

    The Construction Industry's Health Kick

    Japan Quake Triggers Landslides, Knocks Power Plant Offline

    Is Your Construction Business Feeling the Effects of the Final DBA Rule?

    Homeowner Protection Act of 2007 Not Just for Individual Homeowners Anymore?

    New Strategy for Deterring Intracorporate Litigation?: Delaware Supreme Court Supports Fee-Shifting Bylaws

    A Performance-Based Energy Code in Seattle: Will It Save Existing Buildings?

    University of Tennessee Commits to $1.9B Capital Plan

    Edward Beitz and William Taylor Recognized by US News – Best Lawyers as a "Lawyer of the Year"

    The First UK Hospital Being Built Using AI Technology

    Certificate of Merit to Sue Architects or Engineers Bill Proposed

    Preserving Lien Rights on Private Projects in Washington: Three Common Mistakes to Avoid

    Real Estate & Construction News Roundup (07/05/23) – A Hospitality Strike in Southern California, Agencies Step in With Lenders and the Social in ESG
    n Real Life the Bad Guy Sometimes Gets Away: Adding Judgment Debtors to a Judgment

    Contractors and Force Majeure: Contractual Protection from Hurricanes and Severe Weather

    Insurers' Communications Through Brokers Not Privileged

    Lewis Brisbois Listed on Leopard Solutions Top 10 Law Firm Index

    Congress to be Discussing Housing

    Banks Rejected by U.S. High Court on Mortgage Securities Suits

    Endorsements Do Not Exclude Coverage for Wrongful Death Claim

    Brooklyn Atlantic Yards Yields Dueling Suits on Tower

    Congratulations to BWB&O’s Newport Beach Team on Obtaining a Defense Verdict in Favor of their Subcontractor Client!

    SkenarioLabs Uses AI for Property Benchmarking

    Candis Jones Named to Atlanta Magazine’s 2023 “Atlanta 500” List

    The General Assembly Adds Some Clarity to Contracts and Unlicensed Contractors
    Corporate Profile

    ANAHEIM CALIFORNIA BUILDING CONSULTANT
    DIRECTORY AND CAPABILITIES

    The Anaheim, California Building Consultant Group is comprised from a number of credentialed construction professionals possessing extensive trial support experience relevant to construction defect and claims matters. Leveraging from more than 25 years experience, BHA provides construction related trial support and expert services to the nation's most recognized construction litigation practitioners, Fortune 500 builders, commercial general liability carriers, owners, construction practice groups, and a variety of state and local government agencies.

    Building Consultant News & Info
    Anaheim, California

    Let’s Get Surety Podcast – #126 Building the Future: AI, Construction and Law

    December 31, 2024 —
    Denis Serkin, partner in P&A’s New York and New Jersey offices, joins the latest episode of the NASBP podcast “Let’s Get Surety” to delve into the transformative impact of AI on the construction industry and construction law. In this insightful discussion, Denis explores how AI tools are already enhancing design and supply chains and shares his vision for AI’s eventual integration across every facet of the industry. Read the full story...
    Reprinted courtesy of Denis Serkin, Peckar & Abramson, P.C.
    Mr. Serkin may be contacted at dserkin@pecklaw.com

    New Mexico Holds One-Sided Dispute Resolution Provisions Are Unenforceable

    November 05, 2024 —
    Dispute resolution provisions that grant one party the unilateral right to choose either litigation or arbitration to resolve disputes are common in the construction industry. The main difference between the two forums is that courts are more likely to strictly enforce contract terms as written as well as the applicable law, while arbitrators make decisions on more equitable considerations, untethered to the contract terms and—to some degree—the law. The party with the sole discretion to select the dispute resolution procedure can select the process most beneficial to its interests based on the nature of the dispute, regardless of who brings the claims. In Atlas Electrical Construction, Inc. v. Flintco, LLC, 550 P.3d 881 (N.M. Ct. App. 2024), the Court of Appeals of New Mexico recently held that an arbitration provision in a subcontract, under which the contractor retained the exclusive right to choose whether disputes arising under the subcontract were litigated in court or arbitrated was unreasonably one-sided, substantively unconscionable, and unenforceable. The Atlas Electrical case involved two sophisticated entities with equal bargaining strength to negotiate the terms of a subcontract. The parties agreed to a subcontract provision which provided in the relevant part:
    In the event [contractor] and [subcontractor] cannot resolve the dispute through direct discussions or mediation … then the dispute shall, at the sole discretion of [contractor], be decided either by submission to (a) arbitration … or (b) litigation …
    Read the full story...
    Reprinted courtesy of Bill Wilson, Robinson & Cole LLP
    Mr. Wilson may be contacted at wwilson@rc.com

    A Funny Thing Happened to My Ground Lease in Bankruptcy Court

    November 25, 2024 —
    EXECUTIVE SUMMARY Ground leases are an important – if somewhat unusual – part of the real estate finance industry. Because they typically cover large expensive properties like Rockefeller Center and The Empire State Building, to name two, and last a long time (99 years and up to start) the likelihood of something unexpected or unintended happening is high. This likelihood increases dramatically if, as highlighted below, one or both of the lease parties’ files for bankruptcy. Accordingly, real estate professionals should take note and take care when entering into any transaction involving a ground lease. Reprinted courtesy of Christopher F. Graham, White and Williams LLP and Morgan A. Goldstein, White and Williams LLP Mr. Graham may be contacted at grahamc@whiteandwilliams.com Ms. Goldstein may be contacted at goldsteinm@whiteandwilliams.com Read the full story...

    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...

    Rhode Island Sues 13 Industry Firms Over Flawed Interstate Bridge

    September 23, 2024 —
    In an attempt to recoup any money Rhode Island will owe to others for rerouting traffic on half of a high-volume interstate bridge in Providence after structural flaws had been detected, the state Dept. of Transportation filed a lawsuit Aug. 16 against 13 engineers and contractors that had inspected or performed work on the Washington Bridge in the last decade. Reprinted courtesy of Richard Korman, Engineering News-Record Mr. Korman may be contacted at kormanr@enr.com Read the full story...

    Real Estate & Construction News Roundup (8/21/24) – REITs Show Their Strength, Energy Prices Increase Construction Costs and CRE Struggles to Keep Pace

    October 01, 2024 —
    In our latest roundup, UBS to liquidate $2 billion real estate fund, hotel workers in San Francisco vote to strike, housing market to change after blockbuster settlement, and more!
    • When it comes to buying and selling homes, new rules are about to be put in play, five months after the National Association of Realtors agreed to a settlement over how its 1.5 million agents across the U.S. are paid commissions. (Kate Gibson, CBS)
    • Project abandonments tumbled in July in one of the largest monthly declines ever due to the anticipated interest rate cut. (Sebastian Obando, Construction Dive)
    • Increases in energy prices drove most of the total rise in construction input costs over the past month. (Sebastian Obando, Construction Dive)
    Read the full story...
    Reprinted courtesy of Pillsbury's Construction & Real Estate Law Team

    Fee Simple!

    November 11, 2024 —
    Following the grant of summary judgment by a Nebraska federal court on a construction claim, the prevailing subcontractor sought recovery of attorney’s fees, but received pushback from its opponent based upon the Federal Rules of Civil Procedure. The general contractor urged “that attorney’s fees are ‘special damages’ that must be specifically pleaded within a complaint under Federal Rule of Civil Procedure 9(g).” The GC said that a prayer for “a judgment for… costs, interest, and attorney’s fees be entered” – without further asserting a statutory or factual basis for the recovery – is insufficient. The subcontractor shot back that “it complied with the requirements of Rule 9(g) because its prayer for relief expressly referenced attorney’s fees, and the request for such fees was based on the facts asserted in the pleadings themselves.” Read the full story...
    Reprinted courtesy of Daniel Lund III, Phelps
    Mr. Lund may be contacted at daniel.lund@phelps.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