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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 - 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
    Anaheim California Construction Expert Witness 10/ 10


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    ANAHEIM CALIFORNIA CONSTRUCTION EXPERT WITNESS
    DIRECTORY AND CAPABILITIES

    The Anaheim, 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 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.

    Construction Expert Witness News & Info
    Anaheim, California

    Massachusetts Construction Industry Continues to Wait While Prompt Payment Law Is Put to the Test

    March 31, 2026 —
    Earlier this month, the Massachusetts Supreme Judicial Court (SJC) heard argument in J.C. Cannistraro, LLC v. Columbia Construction Co. et al., a dispute concerning the state’s Prompt Payment Act (PPA). Although a decision has yet to be issued, it could potentially pose widespread implications for high-value private construction projects moving forward – and perhaps backwards. The PPA, G. L. c. 149, § 29E, enacted by the Massachusetts Legislature in 2010, has become a keystone in the construction industry. It was enacted to address, in part, downstream cash flow issues that tend to pervade construction projects by mandating a series of strict guidelines for submitting, and responding to, payment applications for private projects valued over $3,000,000. Amongst these requirements are set timeframes to respond to an application, as well as what must be contained in an application rejection. Critically, if an owner or upper-tier contractor fails to fully comply with all the statutory requirements in response to a proper payment application, the application is automatically “deemed to be approved” and payable. Significantly, however, this is not always the end of the line. Read the full story...
    Reprinted courtesy of Catherine Maronski, Robinson Cole
    Ms. Maronski may be contacted at cmaronski@rc.com

    Navigating Turbulent Waters Ashore: Insurance Lessons from a Navy Project Dispute

    February 02, 2026 —
    As we ring in the New Year, one thing remains the same: understanding the definitions and conditions in your insurance policy is critical. In a recent decision, a Florida federal court in Ohio Security Insurance Co. v. E Kelly Enterprises Inc. et al., No. 3:22-cv-24754, held that an insurer had no duty to defend or indemnify a general contractor and no duty to indemnify a subcontractor for damages from defective work on a naval base, based on the policy’s definition of “suit,” “property damage,” and allocation requirements. The decision highlights the importance of numerous issues in the context of commercial general liability policies, including the nuances of policy definitions, obtaining insurer consent when necessary, and allocation between covered and uncovered claims. Background In October 2014, a general contractor (“GC”) was awarded a contract by the Navy to renovate buildings at the Naval Air Station in Pensacola. The GC subcontracted work to various subcontractors, including metal framing and drywall, to a subcontractor named EKE. Reprinted courtesy of Cary D. Steklof, Hunton Andrews Kurth LLP and Torrye Zullo, Hunton Andrews Kurth LLP Mr. Steklof may be contacted at csteklof@hunton.com Ms. Zullo may be contacted at tzullo@hunton.com Read the full story...

    White and Williams LLP is Honored to be Recognized Among the 2026 Best Law Firms Ranked by Best Lawyers®

    November 21, 2025 —
    White and Williams LLP is honored to be recognized among the 2026 Best Law Firms ranked by Best Lawyers®. The Firm earned National Tier 1 and 3 recognitions across six practice areas, reflecting the strength and depth of its legal expertise. In addition, 30 practice areas were recognized among the Regional Tier rankings in Philadelphia, Allentown (Lehigh Valley), New York City, Boston, Baltimore, Delaware and New Jersey. Best Law Firms rankings are based on a rigorous evaluation and research process that includes client and lawyer evaluations, peer reviews from leading attorneys in their field, industry leader interviews and reviews of a law firm's highlights provided as part of the formal research submission process. Read the full story...
    Reprinted courtesy of White and Williams LLP

    Mind The Gap!

    November 04, 2025 —
    The U.S. District Court for the Southern District of New York addressed the scope of insurance coverage for workplace injuries on a Brooklyn, New York, construction project, holding that the project owner’s insurer had no duty to defend or indemnify the owner in a personal injury lawsuit stemming from a construction accident. The property owner hired a general contractor for a condominium project. In March 2020, an employee of one of the GC’s subcontractors was injured when a scaffold collapsed. The employee sued both the property owner at the general contractor in state court. The owner sought coverage and a defense from its commercial general liability insurer, but the insurer denied coverage, citing three exclusions: Contracted Persons, Independent Contractors, and Condominium. Read the full story...
    Reprinted courtesy of Daniel Lund, Phelps
    Mr. Lund may be contacted at daniel.lund@phelps.com

    Under Construction – November 2025

    January 06, 2026 —
    Letter From the Editor Welcome to the fall edition of Snell & Wilmer’s Under Construction Newsletter. As brisk autumn air sets in, it’s an ideal moment to shore up the basics — both in your projects and in your grasp of the continually shifting field of construction law. In this newsletter, we explore a variety of topics related to current construction trends and legal news that may be relevant and helpful to you and your business. We have assembled a selection of articles that include discussions of state-specific issues including how Idaho’s Contractor Registration Act bars unregistering contractors from enforcing contracts or filing liens, though the state Supreme Court allows remedies for post-registration work if severable. This edition discusses how contractors can maximize cash flow and profits by substituting security for retainage on public projects. We also highlight the California Court of Appeals discussion and latest decision relating to subcontractor substitution protections under Public Contract Code §4107. We round out our newsletter summarizing how the Colorado Supreme Court clarified that the economic loss rule bars tort claims for purely economic harm arising from contracts — even when alleging willful and wanton misconduct. Read the full story...
    Reprinted courtesy of Snell & Wilmer

    Forget Fifth Graders - Are You Smarter Than a CEO?

    December 02, 2025 —
    The Supreme Court of South Dakota says that (in certain circumstances) you need to be. That court wrangled with the evidentiary requirements for professional negligence and breach of contract claims arising from the construction of a clinical research facility in Brookings, South Dakota. The general contractor on the project alleged defects in the design and installation of the HVAC system and suspended ceiling, resulting in contamination and operational failures. The general contractor sued the architect, engineers, and contractors, asserting breach of contract and implied warranties. Read the full story...
    Reprinted courtesy of Daniel Lund III, Phelps Dunbar
    Mr. Lund may be contacted at daniel.lund@phelps.com

    Why the Renovation of Federal Reserve Headquarters Costs $2.5 Billion

    January 21, 2026 —
    For months, the renovation of the Federal Reserve’s headquarters in Washington has been a subject of friction between the White House and the central bank. On Jan. 11, Fed Chair Jerome Powell said the Justice Department had issued subpoenas in advance of a possible criminal indictment related to the ongoing work. The cost of the work has ballooned to $2.5 billion, and allies of President Donald Trump have previously pressed for an investigation. Powell described the DOJ inquiry as a pressure campaign led by the White House. Any evidence of mismanagement or fraud, as Trump administration officials have suggested, could prove a useful pretext for removing Powell, who the president has repeatedly lambasted for interest rates higher than he’d like. Read the full story...
    Reprinted courtesy of Kriston Capps, Bloomberg

    John Palmeri and Peter Siachos Named to 2026 Lawdragon 500 Leading Lawyers
    Render Unto Caesar: Considerations for Returning Withheld Sums

    “The Myth of Sisyphus”

    Stephen Henning Receives “Legend of an Era” Award

    Benford’s Law: A Seldom Used Weapon in Forensic Accounting

    Cooperation and Collaboration With Government May Be on the Horizon

    Can an Owner Preemptively Avoid a Mechanics Lien?

    Federal Interpleader Dealing with Competing Claims over Undisputed Payable to Subcontractor

    Look Up And Look Out: Increased Antitrust Enforcement Of Horizontal No-Poach Agreements Signa
    Another Colorado District Court Refuses to Apply HB 10-1394 Retroactively

    In Oregon Construction Defect Claims, “Contract Is (Still) King”

    There’s an Unusual Thing Happening in the Housing Market

    Alabama Supreme Court Reverses Determination of Coverage for Faulty Workmanship

    How to Properly Fill Out and Use the Conditional Waiver and Release on Final Payment Form Used in California Construction

    Colorado “property damage” caused by an “occurrence” and exclusions j(5) and j(6) “that particular part”

    First Circuit Limits Insurers’ Right to Recoup Defense Costs or Settlement Payments

    Construction Contractors Must Understand Retainage In 2021

    How to Fireproof a Neighborhood

    The New Industrial Revolution: Rebuilding America and the World

    Indemnity Provision Provides Relief to Contractor; Additional Insured Provision Does Not

    Traub Lieberman Attorneys Recognized as 2023 New York – Metro Super Lawyers® and Rising Stars

    Equal Access to Justice Act Fee Request Rejected in Flood Case

    Demanding a Reduction in Retainage

    Virginia Multi-Employer Site Safety Issues–and How to Deal with Them

    Everyone's Moving to Seattle, and It's Stressing Out Sushi Lovers

    Firm Leadership – New Co-Chairs for the Construction Law Practice Group

    Property Owner Entitled to Rely on Zoning Administrator Advice

    Critical Materials for the Energy Transition: Of “Rare Earths” and Even Rarer Minerals

    American Arbitration Association Revises Construction Industry Rules and Mediation Procedures

    Hovnanian Increases Construction Defect Reserves for 2012

    Tech Focus: Water Tech Getting Smarter

    Auburn Woods Homeowners Association v. State Farm General Insurance Company

    Rattlesnake Bite Triggers Potential Liability for Walmart

    Insurer Ordered to Participate in Appraisal

    As Evidence Grows, Regions Prepare for Sea Level Rise

    Port Authority Reaches Deal on Silverstein 3 World Trade

    When Must a New York Insurer Turn Over a Copy of the Policy?

    GRSM Partner Gretchen Harris Sperry Featured in ABA Article on Importance of Appellate Counsel in Trial Proceedings

    Everybody Is Going to End Up Paying for Texas' Climate Crisis

    California Court of Appeal Vacates $30M Non-Economic Damages Award Due to Failure to Properly Apportion Liability and Attorney Misconduct During Closing Argument

    How Many New Home Starts are from Teardowns?

    OSHA Issues Final Rule on Electronic Submission of Injury and Illness Data

    Settlement Conference May Not Be the End in Construction Defect Case

    Las Vegas Sphere Lawsuits Roll On in Nevada Courtrooms

    Federal Judge Dismisses Insurance Coverage Lawsuit In Construction Defect Case

    Owner Bankruptcy: What’s a Contractor to Do?

    New Jersey Construction Company Owner and Employees Arrested for Fraud

    Colorado’s Workers’ Compensation Act and the Construction Industry

    Supplement to New California Construction Laws for 2019

    Indiana District Court Finds Crane Inspection Services Do Not Trigger “Professional Services” Exclusion in Liability Policy

    Massachusetts High Court to Decide if Insurers Can Recoup Defense Costs

    Ongoing Operations Exclusion Bars Coverage

    Second Circuit Court Differentiates the Standard for Determining Evident Partiality for a Neutral Arbitrator and a Party-Appointed Arbitrator

    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

    Town Concerned Over Sinkhole at Condo Complex

    Filing Motion to Increase Lien Transfer Bond (Before Trial Court Loses Jurisdiction Over Final Judgment)

    Meet the Forum's In-House Counsel: RACHEL CLANCY

    Why Construction Tendering Needs Specialized Intelligence

    Ill-fated Complaint Fails to State Claims Against Broker and FEMA