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    Anaheim, California

    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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    Building Industry Association Southern California - Desert Chapter
    Local # 0532
    77570 Springfield Ln Ste E
    Palm Desert, CA 92211

    Anaheim California Construction Expert Witness 10/ 10

    Building Industry Association Southern California - Riverside County Chapter
    Local # 0532
    3891 11th St Ste 312
    Riverside, CA 92501
    Anaheim California Construction Expert Witness 10/ 10

    Building Industry Association Southern California
    Local # 0532
    17744 Sky Park Circle Suite 170
    Irvine, CA 92614

    Anaheim California Construction Expert Witness 10/ 10

    Building Industry Association Southern California - Orange County Chapter
    Local # 0532
    17744 Skypark Cir Ste 170
    Irvine, CA 92614

    Anaheim California Construction Expert Witness 10/ 10

    Building Industry Association Southern California - Baldy View Chapter
    Local # 0532
    8711 Monroe Ct Ste B
    Rancho Cucamonga, CA 91730

    Anaheim California Construction Expert Witness 10/ 10

    Building Industry Association Southern California - LA/Ventura Chapter
    Local # 0532
    28460 Ave Stanford Ste 240
    Santa Clarita, CA 91355
    Anaheim California Construction Expert Witness 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
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    Construction Expert Witness News and Information
    For Anaheim California

    Builders Can’t Rely on SB800

    New York’s Lawsky Proposes Changes to Reduce Home Foreclosures

    Construction Law Advisory: Mechanical Contractor Scores Victory in Prevailing Wage Dispute

    Self-Storage Magnates Cash In on the Surge in Real Estate

    CAUTION: Terms of CCP Section 998 Offers to Compromise Must Be Fully Contained in the Offer Itself

    Windows and Lawsuits Fly at W Hotel

    Construction Delayed by Discovery of Bones

    All Risk Policy Only Covers Repair to Portion of Dock That Sustains Damage

    2013 May Be Bay Area’s Best Year for Commercial Building

    Gain in Home Building Points to Sustained U.S. Growth

    Colorado “occurrence”

    Colorado homebuilders target low-income buyers with bogus "affordable housing" bill

    The Law of Patent v Latent Defects

    Insurers' Communications Through Brokers Not Privileged

    Preventing Costly Litigation Through Your Construction Contract

    Insured's Claim for Replacement Cost Denied

    How SmartThings Wants to Automate Your Home

    Coverage Found for Faulty Workmanship Damaging Other Property

    New Defendant Added to Morrison Bridge Decking Lawsuit

    No Bad Faith In Filing Interpleader

    Brown Paint Doesn’t Cover Up Construction Defects

    WSHB Ranked 4th Most Diverse Law Firm in U.S.

    Remembering Joseph H. Foster

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    Discovery Requests in Bad Faith Litigation Considered by Court

    No Coverage For Damage Caused by Chinese Drywall

    Federal Defend Trade Secrets Act Enacted

    Construction Materials Company CEO Sees Upturn in Building, Leading to Jobs

    Disgruntled Online Reviews of Attorney by Disgruntled Former Client Ordered Removed from

    OSHA Penalties—What Happened with International Nutrition

    Precedent-Setting ‘Green’ Apartments in Kansas City

    Toll Brothers Climbs After Builder Reports Higher Sales

    Texas Supreme Court Defines ‘Plaintiff’ in 3rd-Party Claims Against Design Professionals

    Conspirators Bilked Homeowners in Nevada Construction Defect Claims

    Thieves Stole Backhoe for Use in Bank Heist

    Century Communities Acquires Dunhill Homes Las Vegas Operations

    Insurance Coverage Litigation Section to Present at Hawaii State Bar Convention

    Economy in U.S. Picked Up on Consumer Spending, Construction

    Court Rejects Insurer's Argument That Two Triggers Required

    Court Rules on a Long List of Motions in Illinois National Insurance Co v Nordic PCL

    Alabama Supreme Court States Faulty Workmanship can be an Occurrence

    Court of Appeal Opens Pandora’s Box on Definition of “Contractor” for Forum Selection Clauses

    The “Program Accessibility” Exception for Public Entities Under the ADA

    Badly Constructed Masonry Walls Not an Occurrence in Arkansas Law

    The Rubber Hits the Ramp: A Maryland Personal Injury Case

    Hawaii Federal Court Grants Insured's Motion for Remand

    Putting for a Cure: Don’t Forget to Visit BHA’s Booth at WCC to Support Charity

    Court Upholds Plan to Eliminate Vehicles from Balboa Park Complex

    Providing Notice of Claims Under Your Construction Contract

    Couple Claims ADA Renovation Lead to Construction Defects
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    Leveraging from more than 4500 construction defect and claims related expert witness designations, the Anaheim, California Construction Expert Witness 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.

    Construction Expert Witness News & Info
    Anaheim, California

    Will Colorado Pass a Construction Defect Reform Bill in 2016?

    December 17, 2015 —
    According to blogger Jill Jamieson-Nichols of the Colorado Real Estate Journal, another construction defects bill may be debated in Colorado next year. Representative Dan Pabon told Jamieson-Nichols that “the answer lies in ‘thinking about the insurance piece’ so condominium developers can afford insurance against litigation that might arise.” She also stated that the city of Denver is considering ways to increase funding to increase affordable housing in the area. Read the court decision
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    Reprinted courtesy of

    Banks Loosening U.S. Mortgage Standards: Chart of the Day

    August 13, 2014 —
    Perhaps more U.S. banks than at any time in two decades are making it easier to qualify for a mortgage. The CHART OF THE DAY shows the net share of banks telling the Federal Reserve that they’re tightening standards in the home-loan market. In the central bank’s July survey of senior loan officers released last week, the net percentage for prime mortgages was negative 18.3 percent, by far the most loosening since it started asking the question by loan-quality category in 2007. It was also greater than the highest net share of banks easing in “all” mortgages in the 1990s or 2000s. Still, lenders have a long way to go before they unwind the restrictions they imposed in the wake of the global financial crisis that risky home loans helped to create. The current trend is mainly about “small tweaks around the edges,” according to JPMorgan Chase & Co. mortgage-bond analysts. Read the court decision
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    Reprinted courtesy of Jody Shenn, Bloomberg
    Ms. Shenn may be contacted at

    Construction Law Client Alert: California’s Right to Repair Act (SB 800) Takes Another Hit, Then Fights Back

    February 25, 2014 —
    Last week, the California appellate courts decided two cases with ramifications under the Right to Repair Act. The first case, Burch, addresses whether the Right to Repair Act is the exclusive remedy for the homeowner. The second case, KB Home, addresses a situation where a homeowner or the homeowner's insurer fails to follow the procedures under the Right to Repair Act. Last August, the Fourth Appellate District announced its decision in Liberty Mutual Ins. Co. v. Brookfield Crystal Cove LLC (2013) 219 Cal.App.4th 98 holding that SB 800 is not a homeowner’s exclusive remedy in situations where defects cause actual damage. Many lawyers believed that Liberty Mutual would be a one-off because of its facts – it was a subrogation case brought by an insurance company. So much for that. Now the Second Appellate District is getting into the act. In Burch v. The Superior Court of Los Angeles County, et al., the Second Appellate District overturned an order granting summary adjudication in favor of a developer, general contractor, and their respective owners, in a construction defect action brought by a residential homeowner. The trial court found that the Right to Repair Act precluded the homeowner’s negligence and implied warranty claims but the Court of Appeal reversed. Reprinted courtesy of Steven M. Cvitanovic, Haight Brown & Bonesteel, LLP and Whitney L. Stefko, Haight Brown & Bonesteel, LLP Mr. Cvitanovic may be contacted at, Ms. Stefko may be contacted at Read the court decision
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    Reprinted courtesy of

    FEMA Offers to Review Hurricane Sandy Claims

    May 20, 2015 —
    According to NJ, the Federal Emergency Management Agency (FEMA) will be sending 141,800 letters to homeowners offering to review their Hurricane Sandy claims to see if the homeowners had been shortchanged. Homeowners who do not wish to wait for their letter can call 866-337-4262 or download a form online, reported NJ. If after the initial FEMA review the homeowner remains unsatisfied, he or she can request an additional review by an independent party. Read the court decision
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    Reprinted courtesy of

    Ninth Circuit Holds Efficient Proximate Cause Doctrine Applies Beyond All-Risk Policies

    April 20, 2016 —
    The Ninth Circuit held that the efficient proximate cause doctrine is not limited to all-risk policies. Olin Corp. v. Continental Cas. Co., 2016 U.S. App. LEXIS 4905 (9th Cir. March 17, 2016). Olin operated a plant that produced industrial chemicals. Continental issued a policy covering the plant's boilers and machinery. In late 2008, the machinery was damaged. Continental denied coverage for damage to Olin's diaphragm cells, which were tanks containing metal cathodes covered by asbestos diaphragms. Continental argued that the damage to the cells was not covered because it was not caused by an "accident." The jury returned a verdict in favor of Olin. Read the court decision
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    Reprinted courtesy of Tred R. Eyerly, Insurance Law Hawaii
    Mr. Eyerly may be contacted at

    Pennsylvania Supreme Court Reaffirms Validity of Statutory Employer Defense

    March 31, 2014 —
    In Patton v. Worthington Associates, Inc., the Pennsylvania Supreme Court reaffirmed the continuing validity of the longstanding statutory employer doctrine and related five-part test of McDonald v. Levinson Steel Co. In doing so, the court overruled the Superior Court and held that Worthington was immune from tort liability as the statutory employer of plaintiff Earl Patton. Worthington was the general contractor for a project to construct an addition to a church. Worthington subcontracted with Patton Construction, Inc. to perform carpentry work. Earl Patton was an employee and the sole owner of Patton Construction, Inc. He was injured in a scissor lift accident while performing work on the church. Patton sued Worthington alleging failure to maintain safe conditions at the worksite. After a trial, a jury awarded Patton and his wife a little more than $1.5 million in damages. Before trial, Worthington had moved for summary judgment arguing that it was Patton’s statutory employer and thus immune from tort liability under Pennsylvania’s Workers’ Compensation Act. Under that law, general contractors are secondarily liable for payment of workers’ compensation benefits to employees of subcontractors. Like traditional employers, statutory employers are immune from tort liability for work-related injuries in situations where they are secondarily liable for workers’ compensation payments. Reprinted courtesy of Michelle Coburn, White and Williams LLP and Michael Jervis, White and Williams LLP Ms. Coburn may be contacted at; Mr. Jervis may be contacted at Read the court decision
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    Reprinted courtesy of

    Skyline Bling: A $430 Million Hairpin Tower and Other Naked Bids for Tourism

    January 21, 2015 —
    American cities are starting an architectural arms race to the sky with super-sized Ferris wheels, a 100-story observation tower and maybe even a mammoth golf ball atop a 300-foot tee planted in the Arizona desert. From Phoenix to Camden, New Jersey, city officials and developers are seeking to punctuate their skylines with exclamation points, vying for the world’s attention with the next Eiffel Tower or London Eye. Read the court decision
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    Reprinted courtesy of Toluse Olorunnipa, Bloomberg
    Mr. Olorunnipa may be contacted at

    Why You Should Consider “In House Counsel”

    September 22, 2016 —
    We construction lawyers have occasionally taken it on the chin as one of the obstacles in the construction process. However, I have often argued what I believe to be true, that early consultation with a construction lawyer, before problems occur, is a great way for a construction company to avoid issues and to, yes, save money in the long run. Read the court decision
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    Reprinted courtesy of The Law Office of Christopher G. Hill, PC
    Mr. Hill may be contacted at