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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.


    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


    Force Majeure Under the Coronavirus (COVID-19) Pandemic

    Balfour in Talks With Carillion About $5 Billion Merger

    PSA: Pay If Paid Ban Goes into Effect on January 1, 2023

    CDJ’s #10 Topic of the Year: Transport Insurance Company v. Superior Court (2014) 222 Cal.App.4th 1216.

    Musk’s Cousins Battle Utilities to Make Solar Rooftops Cheap

    Colorado Senate Bill 13-052: The “Transit-Oriented Development Claims Act of 2013.”

    $1.9 Trillion Stimulus: Five Things Employers Need to Know

    Know your Obligations: Colorado’s Statutory Expansions of the Implied Warranty of Habitability Are Now in Effect

    Related’s $1 Billion Los Angeles Project Opens After 15-Year Wait

    Revisiting Statutory Offers to Compromise

    In Kansas City, a First-Ever Stadium Designed for Women’s Sports Takes the Field

    Seattle Council May Take a New Look at Micro-Housing

    Lack of Flood Insurance for New York’s Poorest Residents

    Court Grants Partial Summary Judgment on Conversion Claim Against Insurer

    Newmeyer & Dillion Attorneys Listed in the Best Lawyers in America© 2017

    Serving the 558 Notice of Construction Defect Letter in Light of the Statute of Repose

    California Home Sellers Have Duty to Disclose Construction Defect Lawsuits

    State Farm Unsuccessful In Seeking Dismissal of Qui Tam Case

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

    The Ever-Growing Thicket Of California Civil Code Section 2782

    Is Your Home Improvement Contract Putting You At Risk?

    Congratulations to Walnut Creek Partner Bryan Stofferahn and Associate Jeffrey Schilling for Winning a Motion for Summary Judgment on Behalf of Their Client, a Regional Grocery Store!

    Fence Attached to Building Covered Under Dwelling Provisions

    What Cal/OSHA’s “Permanent” COVID Standards Mean for Employers

    Florida Lien Law and Substantial Compliance vs. Strict Compliance

    Client Alert: Expert Testimony in Indemnity Action Not Limited to Opinions Presented in Underlying Matter

    The Requirement to State a “Sum Certain” No Longer a Jurisdictional Bar to Government Contract Claims

    Another Reminder to ALWAYS Show up for Court

    Approaching Design-Build Projects to Avoid (or Win) Disputes

    Untangling Unique Legal Issues in Modern Modular Construction

    The Miller Act: More Complex than You Think

    VOSH Jumps Into the Employee Misclassification Pool

    New Joint Venture to Develop a New Community in Orange County, California

    Background Owner of Property Cannot Be Compelled to Arbitrate Construction Defects

    Hunton Offers Amicus Support in First Circuit Review of “Surface Water” Under Massachusetts Law

    Reminder: Your MLA Notice Must Have Your License Number

    Mortgagors Seek Coverage Under Mortgagee's Policy

    Dealing with Hazardous Substances on the Construction Site

    Waive It Goodbye: Despite Evidence to the Contrary, Delaware Upholds an AIA Waiver of Subrogation Clause

    U.S. Supreme Court Allows Climate Change Lawsuits to Proceed in State Court

    Chinese Billionaire Developer Convicted in UN Bribery Case

    Construction Defect Notice in the Mailbox? Respond Appropriately

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    Uniwest Rides Again (or, Are Architects Subject to Va. Code Section 11-4.1?)

    Turkey Digs Out From a Catastrophe

    NYC Design Firm Executives Plead Guilty in Pay-to-Play Scheme

    Issues of Fact Prevent Insurer's Summary Judgment Motion in Collapse Case

    Five Lewis Brisbois Attorneys Named “Top Rank Attorneys” by Nevada Business Magazine

    A Primer on Suspension and Debarment for Federal Construction Projects

    Message from the Chair: Kelsey Funes (Volume I)
    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

    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

    Key Legal Issues to Consider Before and After Natural Disasters

    November 25, 2024 —
    While legal considerations are often the last thing on the minds of project owners and contractors during an emergency, construction industry stakeholders should bear in mind the impact of natural disasters on their legal rights, remedies and potential exposure to claims. For all stakeholders, two of the most pressing considerations are: (1) what provisions in their contracts are impacted by a natural disaster and (2) do they have any potential exposure to price-gouging claims? Reprinted courtesy of Patrick Kelly, Construction Executive, a publication of Associated Builders and Contractors. All rights reserved. Read the full story...
    Mr. Kelly may be contacted at pkelly@grayreed.com

    New York Appellate Team Obtains Affirmance of Dismissal of Would-Be Labor Law Action Against Municipal Entities

    August 12, 2024 —
    New York, N.Y. (July 11, 2024) - In Charlot v. City of New York, ___ A.D.3d ___, 2024 NY Slip Op 03161 (2d Dep’t 2024), New York Associate Dean Pillarella, a member of the Appellate Practice, recently obtained an affirmance of the lower court’s dismissal of the plaintiff’s action against the City of New York (“the City”) for failure to timely serve a notice of claim. New York Partner Meghan Cavalieri, a member of the Construction Practice, and her team authored and argued the initial motion to dismiss. The plaintiff alleged to have sustained injuries as a result of a construction-site accident on December 8, 2020, on City-owned property in the course of the construction of a school by the New York City School Construction Authority. N.Y. General Municipal Law (“GML”) § 50-e(1)(a), requires service of a notice of claim within 90 days after the claim arises as a condition precedent to the commencement of a tort action. The plaintiff served no notice of claim until June 2021 and commenced an action in January 2022, alleging violations of N.Y. Labor Law §§ 240(1), 241(6), and 200. Given the plaintiff’s failure to comply with GML § 50-e(1)(a), Meghan and her team rejected the notices of claim as untimely. The plaintiff then moved for leave to deem the notices of claim timely served nunc pro tunc. In response, Meghan and her team opposed the motion and cross-moved to dismiss the action. Read the full story...
    Reprinted courtesy of Lewis Brisbois

    Singer Akon’s Multibillion-Dollar Futuristic City in Africa Gets Final Notice

    September 02, 2024 —
    A single arched concrete block juts out of a field in Senegal where R&B singer Akon first laid the foundation stone for his $6 billion metropolis four years ago. The West African nation granted the artist 136 acres of land on its Atlantic Coast in 2020 to build his Akon City — envisioned as a real-life Wakanda, the fictional country from Marvel Studios’ Black Panther films. Complete with condominiums, amusement parks and a seaside resort in gravity-defying skyscrapers rising above the rural landscape, Akon City would run on solar power and his Akoin cryptocurrency, the American-Senegalese singer said during a flashy presentation in Senegal’s capital, Dakar. Today, goats and cows graze the deserted pasture 60 miles south of Dakar, and authorities are growing increasingly impatient. Reprinted courtesy of Katarina Hoije, Bloomberg and Fred Ojambo, Bloomberg Read the full story...

    Traub Lieberman Attorneys Recognized as 2024 “Top Lawyers” in New York by Hudson Valley Magazine

    July 15, 2024 —
    Traub Lieberman is pleased to announce four New York partners have been included in the 2024 edition of the Hudson Valley Magazine "Top Lawyers in the Hudson Valley in 2024.” This annual guide recognizes over 260 of the region's leading attorneys. Lisa Shrewsberry, Hillary Raimondi and Jonathan Harwood are noted for their professional skills in the category of Professional Malpractice Non-Medical Defense and Copernicus “Cope” Gaza in the Insurance category. Insurance:
    • Copernicus T. Gaza
    Professional Malpractice Non Medical Defense:
    • Jonathan R. Harwood
    • Hillary J. Raimondi
    • Lisa L. Shrewsberry
    Read the full story...
    Reprinted courtesy of Traub Lieberman

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

    November 05, 2024 —
    The federal district court for the District of Hawaii dismissed the insurer's action for declaratory relief because it raised issues that were unsettled by Hawaii courts. Association of Apartment Owners of Lahaina Residential Condominium, et al., No. 1-24-cv-00075-JAO-BMK, Order Granting AOAO's Motion to Dismiss (D. Haw. Aug. 29, 2024). The case addressed whether a property damage exclusion barred coverage over an owner's claim that a condominium association and its property manager failed to obtain adequate insurance before the condominium's property was damaged by the Maui wildfire in August 2023. Great American filed suit seeking a declaration that it had no duty to defend or indemnify the Association and the property manage, Quam Properties Hawaiiana, Inc., in connection with a demand for mediation submitted to the Association and Quam on behalf of one of the owners. Read the full story...
    Reprinted courtesy of Tred R. Eyerly, Damon Key Leong Kupchak Hastert
    Mr. Eyerly may be contacted at te@hawaiilawyer.com

    ‘The Ground Just Gave Out’: How a Storm’s Fury Ravaged Asheville

    October 07, 2024 —
    Eric Becker was at his vacation home in western North Carolina, in a community bordering the Pisgah National Forest and Blue Ridge Parkway, when the rain began to pour. Becker, co-founder of the private wealth management firm Cresset, lives in Florida for most of the year. He had lived through a hurricane — but nothing like what he saw during Helene. “Mud was liquefying around tree bases. You could see the root systems,” said Becker, who first began visiting the Asheville area 20 years ago and was smitten by its natural scenery, excellent food and lively arts and music scene. “The ground just gave out.” Becker is part of a wave of affluent homebuyers who have flocked to the southern Appalachian region. Transplants from wealth managers and retirees to artists and young outdoors enthusiasts have helped create a real estate goldrush in cities including Asheville, where home prices have climbed 69% in the past five years. Reprinted courtesy of Michael Smith, Bloomberg, Devon Pendleton, Bloomberg, Claire Ballentine, Bloomberg and Michael Sasso, Bloomberg Read the full story...

    Corrective Action Protest Grounds for GSA Schedule Federal Construction Contractors

    September 09, 2024 —
    A contract awarded, protested, terminated, appealed, then reinstated. It’s no secret that federal construction procurements are plagued with uncertainty. From delays, constructive suspensions, compromised supply chains, the litigation-laden critical path method, and the mandate for all construction materials used in federally funded projects for infrastructure to be produced in the United States under the Build America, Buy America Act (BABAA) (to name just a few traditional and emerging favorites), just one of these issues could fill the rest of anyone’s month with substantive research. To add one more, which is entirely unique to bid protests, federal contractors–including construction contractors–listed in a General Service Administration (GSA) Schedule may have new grounds to have a contract award reinstated that was terminated by a federal agency pending a GAO decision. GAO Protest An initial GAO protest filed by Deloitte & Touche LLP (Deloitte) argued that the National Geo-Spatial Intelligence Agency (Agency) wrongfully made an award to Kearney & Company, P.C. (Kearney) when the Agency: (1) improperly evaluated quotes; and (2) failed to conduct a proper best-value tradeoff analysis. At issue was a competed task order with Kearney under a GSA FSS multiple-award contract. Before the GAO issued an opinion, however, it held an unrecorded predictive-outcome conference with Deloitte and Kearney where the only mutual consensus was the likely ineligibility of all offerors for the relevant award. The Agency subsequently elected to take corrective action, terminating Kearney’s contract award for convenience, amending the solicitation to avoid issues (including undisputed issues) addressed in the GAO protest. After the Agency adopted their corrective action, the GAO protest was dismissed as academic and moot. Read the full story...
    Reprinted courtesy of Marissa L. Downs, Laurie & Brennan, LLP
    Ms. Downs may be contacted at mdowns@lauriebrennan.com