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

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    Building Industry Association Southern California - Riverside County Chapter
    Local # 0532
    3891 11th St Ste 312
    Riverside, CA 92501
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    Local # 0532
    77570 Springfield Ln Ste E
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    28460 Ave Stanford Ste 240
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    Construction Expert Witness News and Information
    For Rosemead California


    Investing in Metaverse Real Estate: Mind the Gap Between Recognized and Realized Potential

    Claimants’ Demand for Superfluous Wording In Release Does Not Excuse Insurer’s Failure to Accept Policy Limit Offer Within Time Specified

    WSDOT Seeks Retraction of Waiver Excluding Non-Minority Woman-Owned Businesses from Participation Goals

    Timely Legal Trends and Developments for Construction

    HHMR Joins Forces with HBF at 2025 Blitz Build: Building More Than Just Ramps

    With No Evidence of COVID-19 Being Present, DC Trial Court Finds No Claim for Business Interruption

    Best Lawyers Recognizes Twelve White and Williams Lawyers

    No Indemnity After Insured Settles Breach of Implied Warranty of Habitability Claims

    Pennsylvania “occurrence”

    Lien Release Bonds – Remove Liens, But Not All Liability

    Waiver of Subrogation and Lack of Contractual Privity Bars Commercial Tenants’ Claims

    Mortgage Applications in U.S. Jump 11.6% as Refinancing Surges

    Hundreds of Coronavirus Coverage Cases Await Determination on Consolidation

    While Construction Permits Slowly Rise, Construction Starts and Completions in California Are Stagnant

    Newmeyer & Dillion’s Alan Packer Selected to 2018 Northern California Super Lawyers List

    Jury Awards 20 Million Verdict Against Bishop Abbey Homes

    Legal Fallout Begins Over Delayed Edmonton Bridges

    NEHRP Recommendations Likely To Improve Seismic Design

    The Tech Divide: How Construction Firms Embrace Emerging Technologies

    Nevada Supreme Court Declares Subcontractor Not Required to Provide Pre-Litigation Notice to Supplier

    New OSHA Vaccination Requirements For Employers With 100 Or More Employees (And Additional Advice for California Employers)

    Alabama Still “An Outlier” on Construction Defects

    GRSM Houston Office Recognized as Outstanding Diverse Organization by Houston Business Journal

    BOO! Running From Chainsaw Wielding Actor then Falling is an Inherent Risk of a Haunted Attraction

    Pennsylvania Supreme Court Dismisses Appeal of Attorney Fee Award Under the Contractor and Subcontractor Payment Act

    N.J. Governor Fires Staff at Authority Roiled by Patronage Hires

    Learning from Production Homes of the Past

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    The United States Court of Appeals, Fourth Circuit, Finds Wrap-Up Exclusion Does Not Bar Coverage of Additional Insureds

    Fatalities Edge Down: New Data Reveals a Promising Decline

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    Todd Ehrenreich Inducted as Fellow of International Academy of Trial Lawyers

    Brooklyn’s Industry City to Get $1 Billion Modernization

    Lessons from the Sept. 19 Mexico Earthquake

    New York Federal Court Enforces Construction Exclusion, Rejects Reimbursement Claim

    Wilke Fleury Attorneys Featured In Northern California Super Lawyers 2021!

    Lawmakers Vote to Reauthorize Programs to Support Water Quality, Coastal Protection

    New Iowa Law Revises Construction Defects Statute of Repose

    User Interface With a Building – Interview with Esa Halmetoja of Senate Properties

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    ROSEMEAD CALIFORNIA CONSTRUCTION EXPERT WITNESS
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    The Rosemead, California Construction Expert Witness 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 Rosemead'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.

    Construction Expert Witness News & Info
    Rosemead, California

    US Energy Dept. Withdraws Federal ‘Zero-Emissions Building’ Definition

    December 22, 2025 —
    The U.S. Dept. of Energy has withdrawn the Biden-era federal definition of a “zero-emissions building,” marking another step in the Trump administration’s rollback of climate-focused initiatives and creating uncertainty for states, cities and owners that had informally used the guidance in project planning. Read the full story...
    Reprinted courtesy of Bryan Gottlieb, Engineering News-Record
    Mr. Gottlieb may be contacted at gottliebb@enr.com

    Insurer Granted Summary Judgment on Claim for Roof Damage Caused by Windstorm

    May 26, 2026 —
    The insurer successfully moved for summary judgment, eliminating the insured’s claim for roof damage due to windstorm. Mulas v. Westchester Surplus Lines Ins. Co., 2026 U.S. Dist. LEXIS 20537 (Jan. 30, 2026). The insureds’ commercial property sustained windstorm damage during Hurricane Ian. Westchester denied the claim. The insureds believed Westchester wrongfully denied coverage for roof damage and various interior damage to property. The insureds also argued that Westchester’s actual cash value (ACV) payment did not reflect the fully insured loss. The insureds sued and Westchester moved for summary judgment. Westchester argued the roof damage was not covered because Hurricane Ian did not cause the damage. Westchester hired an engineer who determined the roof damage was not caused by wind from Hurricane Ian. Westchester pointed out that the insureds’ expert also found no wind damage on the roof. The insureds offered no other evidence suggesting the hurricane caused roof damage. Therefore, the insureds could not show that Westchester breached the policy by denying coverage. Read the full story...
    Reprinted courtesy of Tred R. Eyerly, Damon Key Leong Kupchak Hastert
    Mr. Eyerly may be contacted at te@hawaiilawyer.com

    Ninth Circuit Holds That Policies Covering Environmental Claims Do Not Have Aggregate Limits

    May 12, 2026 —
    In the case of County of San Bernardino v. Insurance Company of the State of Pennsylvania, the Ninth Circuit recently addressed the issue of whether general liability policies issued in the 1960s and 1970s included aggregate limits for claims arising under the premises-operations coverage in CGL policies. The difference between the policyholder’s interpretation of the policies’ limits clauses and the insurer’s interpretation was worth hundreds of millions of dollars in exposure for the insurer. The Court closely examined the policy language and extrinsic evidence from both the insurance industry’s drafting history and the parties before concluding that the policies were ambiguous. The Court construed that ambiguity in favor of the policyholder and ruled that aggregate limits did not apply to the claims at issue. The Court’s decision underscores the importance of carefully examining a policy’s limits, especially for older policies written before 1986 when the insurance industry revised the standard-form CGL policy to state the aggregate limits apply not only to products liability claims but to premises-operations claims as well. Decades of insurance industry drafting history confirms, as the policyholder’s submissions in this case indicate, that the industry well understood that operations claims like the environmental waste-disposal claims at issue here typically were not subject to aggregate limits. Reprinted courtesy of Lorelie S. Masters, Hunton Andrews Kurth LLP and Joseph T. Niczky, Hunton Andrews Kurth LLP Ms. Masters may be contacted at lmasters@hunton.com Mr. Niczky may be contacted at jniczky@hunton.com Read the full story...

    On Checks and Balances

    March 03, 2026 —
    It’s called “checks and balances” for a reason. And, generally, it works well so long as there are clear boundaries between the “co-equal” branches of government. In Associated General Contractors of California, Inc. v. Department of Industrial Relations, 108 Cal.App.5th 243 (2025), the 3rd District Court of Appeals upheld a set of regulations issued by the California Apprenticeship Council that contradicted an earlier 2015 ruling of the Court of Appeals. The Associated General Contractors of California Case At issue in the case was California’s Prevailing Wage Law which requires public works contractors to hire a certain ratio of apprentices. The purpose of the apprenticeship requirements is to maintain the pipeline of skilled tradespeople on taxpayer-funded projects. Read the full story...
    Reprinted courtesy of Garret Murai, Nomos LLP
    Mr. Murai may be contacted at gmurai@nomosllp.com

    Top 10 Insurance Cases of 2025

    January 26, 2026 —
    The insurance landscape continues to evolve, shaped by litigation that tests the limits of policy language, coverage obligations, and public policy considerations. In 2025, courts across the country issued several significant rulings that will influence how insurers and policyholders navigate claims and risks. Notable trends in 2025 include disputes over property coverage for wildfire and smoke damage, the treatment of interrelated claims under successive D&O policies, enforcement of arbitration clauses in international insurance contracts, and general liability coverage issues—such as construction exclusions for phased projects and limits on coverage for losses tied to the opioid crisis. This publication spotlights the top insurance cases of 2025, highlighting their legal reasoning, practical implications, and impact for policyholders—plus a look ahead at key cases to watch in 2026. Reprinted courtesy of Jeffrey J. Vita, Saxe Doernberger & Vita, P.C., Michelle A. Grieco, Saxe Doernberger & Vita, P.C. and Kiley Stackpole, Saxe Doernberger & Vita, P.C. Mr. Vita may be contacted at JVita@sdvlaw.com Ms. Grieco may be contacted at MGrieco@sdvlaw.com Ms. Stackpole may be contacted at KStackpole@sdvlaw.com Read the full story...

    PSA: Getting the First Mechanic’s Lien on a Project is a Plus

    January 26, 2026 —
    As those that read this construction law blog are aware, I am a big fan of mechanic’s liens as a way to get paid. These powerful and tricky beasts are a great way to get an owner’s attention and to put payment pressure on those that owe you money. Recently I was reminded that getting a lien prepared and recorded both carefully and quickly can be key to getting paid on a problem project. Not only should construction professionals keep the 150-day rule and the 90-day rule in mind, but they should also be quick on the trigger when it becomes clear that a mechanic’s lien will be necessary. Read the full story...
    Reprinted courtesy of The Law Office of Christopher G. Hill
    Mr. Hill may be contacted at chrisghill@constructionlawva.com

    AI Adoption in Construction: A UK Practitioner’s View

    April 20, 2026 —
    I recently talked with Chris Brady, an AI adoption consultant based in Birmingham, UK, who has spent 18 years working in construction. Two years ago, he began integrating AI into his work with contractors and SMEs, initially as an add-on service, and it has since become his main business. Chris now runs Metrix, an AI consultancy focused on UK construction companies, alongside two other ventures: Trade Upskill, an education platform for construction professionals, and ctrldash.ai, a compliance-automation SaaS for construction SMEs, both of which are soon to launch. What struck me most in our conversation was how grounded his approach is, built on years of direct industry experience rather than arriving from outside with a technology solution looking for a problem. Read the full story...
    Reprinted courtesy of Aarni Heiskanen, AEC Business
    Mr. Heiskanen may be contacted at aec-business@aepartners.fi

    Standing When It Comes to Real Property Owned by a Trust

    February 23, 2026 —
    It is not uncommon for property to be owned in the name of the trust as part of an estate planning agenda. In construction, improvements are made all the time to real property owned in the name of a trust or later transferred to a trust for estate planning purposes. In a recent case, the question became that if the property is owned by the trust does only the trust have standing to file the lawsuit. In this case, homeowners, in their individual capacities, sued a flooring contractor for defective work; however, prior to the lawsuit, the homeowners deeded the home (which would include the flooring in the home) to a revocable trust. The plaintiffs, though, were the trustees of the revocable trust and the settlors of the trust. Read the full story...
    Reprinted courtesy of David Adelstein, Kirwin Norris
    Mr. Adelstein may be contacted at dma@kirwinnorris.com