BERT HOWE
  • Nationwide: (800) 482-1822    
    housing expert witness San Diego California townhome construction expert witness San Diego California casino resort expert witness San Diego California high-rise construction expert witness San Diego California condominiums expert witness San Diego California institutional building expert witness San Diego California structural steel construction expert witness San Diego California industrial building expert witness San Diego California condominium expert witness San Diego California Medical building expert witness San Diego California retail construction expert witness San Diego California parking structure expert witness San Diego California custom home expert witness San Diego California low-income housing expert witness San Diego California Subterranean parking expert witness San Diego California concrete tilt-up expert witness San Diego California office building expert witness San Diego California multi family housing expert witness San Diego California tract home expert witness San Diego California production housing expert witness San Diego California mid-rise construction expert witness San Diego California landscaping construction expert witness San Diego California
    San Diego California architectural expert witnessSan Diego California testifying construction expert witnessSan Diego California building consultant expertSan Diego California construction cost estimating expert witnessSan Diego California engineering consultantSan Diego California construction scheduling and change order evaluation expert witnessSan Diego California stucco expert witness
    Arrange No Cost Consultation
    Construction Expert Witness Builders Information
    San Diego, 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:


    Construction Expert Witness Contractors Licensing
    Guidelines San Diego California

    Commercial and Residential Contractors License Required.


    Construction Expert Witness Contractors Building Industry
    Association Directory
    Building Industry Association of San Diego
    Local # 0556
    9201 Spectrum Center Blvd Ste 110
    San Diego, CA 92123

    San Diego California Construction Expert Witness 10/ 10

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

    San Diego California Construction Expert Witness 10/ 10

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

    San Diego California Construction Expert Witness 10/ 10

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

    San Diego California Construction Expert Witness 10/ 10

    Building Industry Association Southern California - Riverside County Chapter
    Local # 0532
    3891 11th St Ste 312
    Riverside, CA 92501
    San Diego 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

    San Diego 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
    San Diego California Construction Expert Witness 10/ 10


    Construction Expert Witness News and Information
    For San Diego California


    More Regulations for Federal Contractors

    Thank You Once Again for the Legal Elite Election for 2022

    Dispute Review Boards for Real-Time Dispute Avoidance and Resolution

    Duty to Defend Sorted Between Two Insurers Based Upon Lease and Policies

    First Circuit Rules Excess Insurer Must Provide Coverage for Fuel Spill

    Reinventing the Building Envelope – Interview with Gordon A Geddes

    The Buck Stops Over There: Have Indemnitors Become the Insurers of First and Last Resort?

    Shoring of Problem Girders at Salesforce Transit Center Taking Longer than Expected

    Construction Is Holding Back the Economy

    EPA Coal Ash Cleanup Rule Changes Send Utilities, Agencies Back to Drawing Board

    Attorneys' Fee Clauses are Engraved Invitations to Sue

    Construction Payment Remedies: You May be Able to Skate by, But Why?

    Ex-Construction Firm That Bought a $75m Michelangelo to Delist

    Insurance Broker Stole NY Contractor's Payment, Indictment Alleges

    Soldiers Turn Brickies as U.K. Homebuilders Seek Workers

    Arbitration: For Whom the Statute of Limitations Does Not Toll in Pennsylvania

    It’s Time for a Net Zero Building Boom

    Lien Waivers Should Be Fair — And Efficient

    How Will Artificial Intelligence Impact Construction Litigation?

    The Case For Designers Shouldering More Legal Responsibility

    Bought a New Vacation Home? I’m So Sorry

    NY Appellate Court Holds Common Interest Privilege Applies to Parties to a Merger

    JD Supra’s 2017 Reader’s Choice Awards

    Formal Opinion No. 2020-203: How A Lawyer Is to Handle Access to Client Confidential Information and Anticipation of Potential Security Issues

    Engineer TRC Fends Off Lawsuits After Merger

    Excess Policy Triggered Once Retention Paid, Even if Loss Not Covered By Excess

    Last Call: Tokyo Iconic Okura Hotel Meets the Wrecking Ball

    Tests Find Pollution From N.C. Coal Ash Site Hit by Florence Within Acceptable Levels

    "Your Work" Exclusion Bars Coverage for Contractor's Faulty Workmanship

    When an Intentional Act Results in Injury or Damage, it is not an Accident within the Meaning of an Insurance Policy Even When the Insured did not Intend to Cause the Injury or Damage

    Indirect Benefit Does Not Support Unjust Enrichment Claim Against Prime Contractor

    PSA: Performing Construction Work in Virginia Requires a Contractor’s License

    Policy Renewals: Has Your Insurer Been Naughty or Nice?

    How Philadelphia I-95 Span Destroyed by Fire Reopened in Just 12 Days

    New York Nonprofit Starts Anti-Scaffold Law Video Series

    ASCE Statement On White House "Accelerating Infrastructure Summit"

    Best Practices for ESI Collection in Construction Litigation

    New Plan Submitted for Explosive Demolition of Old Tappan Zee Bridge

    Justin Clark Joins Newmeyer & Dillion’s Walnut Creek Branch as its Newest Associate

    “Pay When Paid” Provisions May Not Be Dead, at Least Not Yet

    A Court-Side Seat: “Inholdings” Upheld, a Pecos Bill Come Due and Agency Actions Abound

    ICE Said to Seek Mortgage Role Through Talks With Data Service

    Traub Lieberman Attorneys Recognized in the 2024 Edition of The Best Lawyers in America®

    Fact of Settlement Communications in Underlying Lawsuits is Not Ground for Anti-SLAPP Motion in Subsequent Bad Faith Lawsuit

    London Shard Developer Wins Approval for Tower Nearby

    Penn Station’s Revival Gets a $1.6 Billion Down Payment

    Tort Claims Against an Alter Ego May Be Considered an Action “On a Contract” for the Purposes of an Attorneys’ Fees Award under California Civil Code section 1717

    Fifth Circuit: Primary Insurer Relieved of Duty to Defend Without Release of Liability of Insured

    Giant Floating Solar Flowers Offer Hope for Coal-Addicted Korea

    U.S. Homebuilder Confidence Rises Most in Almost a Year
    Corporate Profile

    SAN DIEGO CALIFORNIA CONSTRUCTION EXPERT WITNESS
    DIRECTORY AND CAPABILITIES

    The San Diego, 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 San Diego'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
    San Diego, California

    Insurer Springs a Leak in Its Pursuit of Subrogation

    August 21, 2023 —
    In Nationwide Prop & Cas. Ins. Co. v. Fireline Corp., No. 1:20-cv-00684, 2023 U.S. Dist. LEXIS 104241, the United States District Court for the District of Maryland (District Court) considered whether the events giving rise to the plaintiff’s claims fell within the scope of a previously formed agreement, thereby rendering the plaintiff’s claims subject to the agreement’s time limitation and waiver of subrogation provisions. The District Court found that the claims fell within the scope of the agreement. The plaintiff, Nationwide Property & Casualty Insurance Company (Insurer), provided property insurance to Maple Lawn Homeowners Association, Inc. (Maple Lawn) for common property located in Fulton, Maryland, including a community center (the Subject Premises). On January 18, 2018, Maple Lawn entered into an Inspection Agreement (the Agreement) with defendant, Fireline Corporation (Fireline), wherein Fireline agreed to provide:
    • annual fire alarm inspection and testing services,
    • quarterly sprinkler inspection and testing, and
    • annual portable fire extinguisher testing and inspection.
    Read the full story...
    Reprinted courtesy of Katherine Dempsey, White and Williams LLP
    Ms. Dempsey may be contacted at dempseyk@whiteandwilliams.com

    Default Should Never Be An Option

    June 19, 2023 —
    Every time I think that the construction industry has learned that failure to respond to a lawsuit is never the correct response, another case of default judgment comes out. I’ve discussed on multiple occasions that failure to respond can only lead to disaster. Aside from being barred from making any substantive response to the allegations against you, there are other consequences including the inability to seek a reasonable settlement because the other side has no reason to negotiate. One of the more disastrous results recently came about in the Norfolk Division of the Eastern District of Virginia District Court. The case of L & W Supply Corp v. Driven Construction et. al. involved a supplier that sought to enforce its credit agreement against both the corporate entity of the contractor, Driven, and the guarantor, a principal of the company. Needless to say, there was no response to the lawsuit and the Plaintiff filed for default judgment. Read the full story...
    Reprinted courtesy of The Law Office of Christopher G. Hill
    Mr. Hill may be contacted at chrisghill@constructionlawva.com

    Hurricane Claim Cannot Survive Anti-Concurrent Causation Clause

    May 15, 2023 —
    The court upheld the insurer's denial of coverage for hurricane damage caused by storm surge. Heritage Motorcoach Resort & Marina Condominium Association, Inc v. Axis Ins. Co., 2023 U.S. Dist. LEXIS 58931 (S.D. Ala. April 4, 2023). Heritage operated a resort with a marina, dock and clubhouse. Hurricane Sally caused damage to the property. Heritage submitted a claim to its insurer, Axis. Axis investigated the claim. One investigator reported that the marina structures sustained damage caused by storm tide forces, wave action and debris impact. He opined that the marina structures did not sustain wind damage. When deposed, he testified that there was a combination of vessels and wave action causing damage to the marina. A second investigator found that the storm drove boats and other debris into the marina area causing much of the damage. Read the full story...
    Reprinted courtesy of Tred R. Eyerly, Damon Key Leong Kupchak Hastert
    Mr. Eyerly may be contacted at te@hawaiilawyer.com

    Portion of Washington State’s Prevailing Wage Statute Struck Down … Again

    July 04, 2023 —
    In 2018, the Washington Legislature amended its prevailing wages statute adopting S.S.B 5493 and codified as RCW 39.12.015(3). RCW 39.12.015(3) changed how the Washington State Department of Labor and Industries’ industrial statistician set the prevailing wages for employees on public works projects, from a county-by-county basis to a “geographic jurisdiction” basis established in collective bargaining agreements (“CBA”) or if multiple CBAs, the CBA with the higher wage would prevail. This change proved problematic for contractors since it allowed a minority of employees to determine the prevailing wage through side agreements and limited meaningful wage negotiations by industry trade groups. Contrary to the previous rule wherein wages were set by the average or majority wage rate in a certain county (which was normally the collectively bargained wage) and provided some flexibility to the industrial statistician in determining the prevailing wage, now, RCW 39.12.015(3)(a) directs the industrial statistician to “establish the prevailing rate of wage by adopting the hourly wage … paid for the geographic jurisdiction established in [CBAs],” removing flexibility, and requiring the inclusion of CBA (which could encompass multiple counties) wage rates as a part of the prevailing wage formula. Reprinted courtesy of Brett Hill, Ahlers Cressman & Sleight and Mason Fletcher, Ahlers Cressman & Sleight Mr. Hill may be contacted at brett.hill@acslawyers.com Mr. Fletcher may be contacted at mason.fletcher@acslawyers.com Read the full story...

    ASHRAE Approves Groundbreaking Standard to Reduce the Risk of Disease Transmission in Indoor Spaces

    July 10, 2023 —
    ATLANTA, June 27, 2023 (GLOBE NEWSWIRE) -- ASHRAE announced the approval for publication of its highly anticipated standard to reduce the risk of airborne infectious aerosol transmission in buildings, bringing numerous benefits to occupants and promoting healthier environments. ASHRAE Standard 241, Control of Infectious Aerosols establishes minimum requirements to reduce the risk of disease transmission by exposure to infectious aerosols in new buildings, existing buildings, and major renovations. Infectious aerosols are tiny, exhaled particles that can carry pathogens that cause infections or disease. These particles are so small that they can remain in the air for long periods of time. Use of this standard could reduce exposure to the SARS-COVID-2 virus, which causes COVID-19, the flu virus and other pathogens. Standard 241 provides requirements for many aspects of air system design, installation, operation, and maintenance. Standard 241 available now for presale in the ASHRAE Bookstore. About ASHRAE Founded in 1894, ASHRAE is a global professional society committed to serve humanity by advancing the arts and sciences of heating ventilation, air conditioning, refrigeration, and their allied fields. For more information and to stay up-to-date on ASHRAE, visit ashrae.org and connect on Instagram, LinkedIn, Facebook, Twitter and YouTube.

    Protecting and Perfecting Your Mechanics Lien when the Property Owner Files Bankruptcy

    June 19, 2023 —
    Introduction/Overview of the Mechanics Lien Law The California mechanics lien is a powerful tool for contractors, subcontractors and materials suppliers to secure payment of unpaid construction debts. A contractor, subcontractor or materials supplier is allowed to record a mechanics lien on real property, based on the value added to the property by the claimant during the construction process. The recorded mechanics lien provides the claimant with legal right to force the sale of the improved real property and thereby obtain the funds necessary to pay the delinquent debt. Under the usual procedure, the first step is the recording of mechanics lien with County Recorder’s office in the County where the property is located. A lawsuit to foreclose on the lien must then be filed in the County Superior Court of that County, within ninty (90) days after the mechanics lien is recorded. The goal of the lawsuit is to obtain a judgment for foreclosure on the mechanics lien by way of a forced sale of the property. The net proceeds of the sale will be used to pay the unpaid construction debt secured by the recorded mechanics lien, assuming that sale proceeds exceed the amount of senior liens and encumbrances. Read the full story...
    Reprinted courtesy of William L. Porter, Porter Law Group
    Mr. Porter may be contacted at bporter@porterlaw.com

    Building a Strong ESG Program Can Fuel Growth and Reduce Company Risk

    June 19, 2023 —
    Companies are addressing today’s evolving ESG (Environmental, Social and Governance) issues like they never have before. From climate change to diversity, equity and inclusion, these topics are at the forefront of discussion for businesses, with many seeking to understand stakeholder concerns and implement strategies to improve their ESG efforts. Stakeholders – consumers, investors and employees alike – have recently become more vocal and united in their demand for sustainable corporate behavior. In fact, 83% of consumers think companies should be actively working on Environmental, Social and Governance (ESG) program best practices and 86% of employees prefer to support or work for companies that care about the same issues they do.1 In turn, companies are addressing these issues like they never have before, in recognition of their importance as indicators of long-term value. Read the full story...
    Reprinted courtesy of The Hartford Staff, The Hartford Insights

    Adaptive Reuse: Creative Reimagining of Former Office Space to Address Differing Demands

    March 27, 2023 —
    Empty office buildings downtown. A housing shortage in almost every major market. Is there a way to address both issues at once by converting historic but underutilized office buildings into apartments and condos in city centers? It’s an idea that has been discussed, and in some cities, implemented in recent years. But while the idea seems simple enough—repurpose existing office space for residential and mixed-use projects—there are some real challenges limiting the feasibility of large-scale office to residential conversion. The commercial real estate market is facing an uncertain future. Even as some companies have started requiring that their workers return to the office, many continue to operate under their hybrid or fully remote working models, which companies may commit to permanently. And while some big cities have seen office occupancy levels increase in the past few months (CBRE notes that Austin and Houston both saw occupancy levels above 60% in January, up around 25% from 2022 levels), the ongoing impact of COVID-19 and uncertainty in the global financial markets are keeping many office buildings empty in major cities around the country. Those tenants who are returning to the office are focusing their search for office space on high-quality, sustainable, amenity-filled spaces to entice workers to return to the office. This flight to quality leaves some older and, in many cases, architecturally relevant, office buildings behind. As a result, there are growing opportunities for the potential adaptive reuse of these existing underutilized structures. Reprinted courtesy of Cait Horner, Pillsbury, Allan C. Van Vliet, Pillsbury and Adam J. Weaver, Pillsbury Ms. Horner may be contacted at cait.horner@pillsburylaw.com Mr. Van Vliet may be contacted at allan.vanvliet@pillsburylaw.com Mr. Weaver may be contacted at adam.weaver@pillsburylaw.com Read the full story...