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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


    Differing Site Conditions Produce Differing Challenges

    Skipping Depositions does not Constitute Failure to Cooperate in New York

    Insurer's Daubert Challenge to Insured's Expert Partially Successful

    Building Growth Raises Safety Concerns

    The Anatomy of a Construction Dispute- The Claim

    Safer Schools Rendered Unsafe Due to Construction Defects

    Housing Stocks Rally at End of November

    Other Colorado Cities Looking to Mirror Lakewood’s Construction Defect Ordinance

    Illinois Town’s Bond Sale Halted Over Fraudulent Hotel Deals

    One Sector Is Building Strength Amid Slow Growth

    Home Sales Going to Investors in Daytona Beach Area

    NLRB Hits Unions with One-Two Punch the Week Before Labor Day

    Hawaii Federal District Court Grants Preliminary Approval of Settlement on Volcano Damage

    Bill Taylor Co-Authors Chapter in Pennsylvania Construction Law Book

    A New Lawsuit Might Change the Real Estate Industry Forever

    West Virginia Wild: Crews Carve Out Corridor H Through the Appalachian Mountains

    Contractors: Revisit your Force Majeure Provisions to Account for Hurricanes

    Coverage Denied for Condominium Managing Agent

    Making the World’s Longest Undersea Railway Tunnel Possible with BIM

    Eleventh Circuit Finds No Coverage for Faulty Workmanship Claims

    Local Government’s Claims on Developer Bonds Dismissed for Failure to Pursue Administrative Remedies

    Homeowners Should Beware, Warn Home Builders

    Wells Fargo, JPMorgan Vexed by Low Demand for Mortgages

    Quick Note: Independent Third-Party Spoliation Of Evidence Claim

    U.S. Government Bans Use of Mandatory Arbitration Agreements between Nursing Homes and Residents, Effective November 28, 2016

    FDOT Races to Re-Open Storm-Damaged Pensacola Bridge

    No Coverage for Negligent Misrepresentation without Allegations of “Bodily Injury” or “Property Damage”

    The California Privacy Rights Act Passed – Now What?

    Texas Approves Law Ensuring Fair and Open Competition

    Kansas City Airport Terminal Project Faces Delays, Rising Costs

    Contractors Struggle with Cash & Difficult Payment Terms, Could Benefit From Legal Advice, According to New Survey

    Illinois Joins the Pack on Defective Construction as an Occurrence

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

    DoD Testing New Roofing System that Saves Energy and Water

    Mexico's Richest Man Carlos Slim to Rebuild Collapsed Subway Line

    Contractors Admit Involvement in Kickbacks

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    #1 CDJ Topic: McMillin Albany LLC v Superior Court of California

    MGM Begins Dismantling of the Las Vegas Harmon Tower

    Trump Tower Is Now One of NYC’s Least-Desirable Luxury Buildings

    Think Twice About Depreciating Repair Costs in Our State, says the Tennessee Supreme Court

    Quick Note: Notice of Contest of Claim Against Payment Bond

    Earth Movement Exclusion Precludes Coverage

    Real Estate Trends: Looking Ahead to 2021

    Utah’s Highest Court Holds That Plaintiffs Must Properly Commence an Action to Rely on the Relation-Back Doctrine to Overcome the Statute of Repose

    California’s Fifth Appellate District Declares the “Right to Repair Act” the Exclusive Remedy for Construction Defect Claims

    Professional Liability Client Alert: Law Firms Should Consider Hiring Outside Counsel Before Suing Clients For Unpaid Fees

    Fire Fears After Grenfell Disaster Set Back Wood Building in UK

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

    Single-Family Home Starts Seen Catching Up to Surging U.S. Sales
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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

    With Trump's Tariff Talk, Time to Negotiate for Escalation Clauses in Construction Contracts

    December 17, 2024 —
    Remember 2019? That’s when contractors faced sudden material price surges from tariffs during then-President Donald Trump’s first term in office. How about 2021? That's when contractors saw new price surges and long delivery delays because of Covid-19. Read the full story...
    Reprinted courtesy of Richard Korman, ENR
    Mr. Korman may be contacted at kormanr@enr.com

    Meet Your Future Team Members: AI Agents

    December 10, 2024 —
    If you’ve been following the discussion around AI, you’re familiar with the concept of AI agents. AI agents can be understood as intelligent automation that operates independently, monitoring its environment and taking action without constant human input. Unlike traditional software requiring specific inputs to produce predictable outputs, AI agents can adapt to varying conditions and user needs. AI agents can be based on various technologies, including Large Language Models. They can also be constructed using other AI technologies, such as rule-based systems, machine learning algorithms, and specialized models tailored to specific tasks. Read the full story...
    Reprinted courtesy of Aarni Heiskanen, AEC Business
    Mr. Heiskanen may be contacted at aec-business@aepartners.fi

    Recovering Time and Costs from Hurricane Helene: Force Majeure Solutions for Contractors

    November 18, 2024 —
    When Hurricane Helene struck North Carolina, it caused severe disruptions to construction projects across the state. Baxter International’s North Cove facility in Marion, N.C., was completely shut down after floodwaters damaged the site and bridges leading to it. Elsewhere, landslides and floods wiped out large sections of Interstate 40, making transportation of materials and equipment nearly impossible. Many contractors in western North Carolina found their projects halted, and their schedules thrown off by this force majeure event. In situations like these, contractors and subcontractor need a plan to mitigate the impact of such natural disasters on their projects. Here are five practical tips to help you secure time extensions and/or compensation for delays: 1. Include a Robust Force Majeure Clause in Your Contract When disaster strikes, your contract is your first line of defense. A well-drafted force majeure clause can make the difference between bearing the costs yourself and getting an extension or compensation. The clause should clearly list specific events such as hurricanes, floods, and road closures as qualifying force majeure events. Read the full story...
    Reprinted courtesy of Matthew DeVries, Buchalter
    Mr. DeVries may be contacted at mdevries@buchalter.com

    Understanding Entitlement to Delays and Proper Support

    December 10, 2024 —
    In a previous post, we discussed delays on construction projects including (1) critical versus non-critical delays, (2) excusable versus non-excusable delays, and (3) compensable versus non-compensable delays. We also reviewed the common methods of delay analysis include (1) the Total Cost Method, (2) the Modified Total Cost Approach, and (3) the Measured Mile Method. Once you have determined the type of delay and the method to be used to analyze and quantify the delay, it is important to understand the type of documents/evidence needed to support your claim for delay. If a party determines that they are entitled to some type of recovery for the delay, the party making a claim for delay, such as a contractor, must have the proper documentation/evidence to assist in proving entitlement for damages from the delay. Without the proper back-up, contractors are generally unable to recover all of the additional costs and expenses associated with the delays or, at best, recover only an “equitable” amount. Generally, damages must be proved with reasonable certainty and may not be based on speculation or conjecture. Thus, it is crucial for a party asserting a delay to have the proper documentation to support a delay claim, if the goal is to recover the damages associated with the delay. Read the full story...
    Reprinted courtesy of Andrew G. Vicknair, D'Arcy Vicknair, LLC
    Mr. Vicknair may be contacted at agv@darcyvicknair.com

    ENR 2024 Water Report: Managers Look to Potable Water Reuse

    July 15, 2024 —
    With nearly all seven states within the 250,000-sq-mile Colorado River basin scrambling to conserve their apportionments from the river system’s increasingly depleted resources, interest in securing alternative local drinking water supplies is soaring. Reprinted courtesy of Pam McFarland, Engineering News-Record Ms. McFarland may be contacted at mcfarlandp@enr.com Read the full story...

    Behavioral Science Meets Construction: Insights from Whistle Rewards

    September 09, 2024 —
    In this episode of the AEC Business Podcast, Aarni Heiskanen hosts Drew Carter, CEO of Whistle Rewards, and Dr. Laurel Newman, a behavioral scientist, to discuss instant rewards for driving behavioral change in construction. Laurel shares her psychology background and academic career, studying how the environment influences behavior. Drew introduces himself as a data scientist, focusing on predictive modeling. Tune in to learn how they collaborate to create motivating environments in the construction industry. Whistle Rewards is a platform specializing in rewards, recognition, and incentives in the AEC industry. It is designed to enhance employee engagement, safety compliance, performance, and technology adoption in construction companies. The Guests Drew Carter, CEO and Co-Founder at Whistle Systems, Inc. Drew is improving employee retention using data science and behavioral science. Read the full story...
    Reprinted courtesy of Aarni Heiskanen, AEC Business
    Mr. Heiskanen may be contacted at aec-business@aepartners.fi

    David Uchida Joins Kahana Feld’s Los Angeles Office as Partner

    December 31, 2024 —
    Kahana Feld is pleased to announce that David M. Uchida recently joined the firm as a partner in the firm’s Los Angeles Office. He is a member of the firm’s General Liability group. A client-focused and seasoned litigator, David has defended product manufacturers and suppliers in complex toxic tort and environmental litigation. David also has extensive experience defending clients in alleged asbestos, benzene, and silica exposure claims. Read the full story...
    Reprinted courtesy of Linda Carter, Kahana Feld
    Ms. Carter may be contacted at lcarter@kahanafeld.com

    Real Estate & Construction News Roundup (10/16/24) – Chevron Ruling’s Impact on Construction Industry, New Kind of Public Housing and Policy Recommendations from Sustainable Building Groups

    November 11, 2024 —
    In our latest roundup, Hurricane Helene affects infrastructure, California Gov. Gavin Newsom signs bills aimed at renter protections, Federal Reserve kick-off rate-easing cycle, and more!
    • Hurricane Helene illustrates how communities and infrastructure across the U.S. are unprepared for the extreme weather driven by climate change. (Julie Strupp, Construction Dive)
    • The Supreme Court’s June Chevron ruling will likely have a seismic impact on laws that pertain to the construction industry. (Julie Strupp, Construction Dive)
    • California Gov. Gavin Newsom signed three bills changing renter protection practices in the state last month including new requirements for security deposit deductions and restrictions on certain fees. (Mary Salmonsen, Multifamily Dive)
    Read the full story...
    Reprinted courtesy of Pillsbury's Construction & Real Estate Law Team