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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.


    Construction Expert Witness Contractors Building Industry
    Association Directory
    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


    Construction Expert Witness News and Information
    For Anaheim California


    Reconciling Prompt Payments and Withholding of Retention Payments

    Kahana Feld Partner Jeff Miragliotta and Senior Associate Rachael Marvin Obtain Early Dismissal of Commercial Litigation Cases in New York and New Jersey

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    ANAHEIM CALIFORNIA CONSTRUCTION EXPERT WITNESS
    DIRECTORY AND CAPABILITIES

    Leveraging from more than 7,000 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

    Surety Liability Is Coextensive with Its Bond Principal

    April 14, 2026 —
    A recent Miller act payment bond case, U.S. f/u/b/o Whitetail General Constructors v. Northcon, Inc., 2026 WL 46671 (D.Mont. 2026), contains a short noteworthy discussion as to a surety’s liability being coextensive with that of its bond principal. If you are bonded, or you are pursuing a bond, you need to appreciate this, which is why this is a noteworthy discussion:
    A “surety’s liability on a Miller Act bond must be at least coextensive with the obligations imposed by the Act if the bond is to have its intended effect.” “Therefore, ‘the liability of a surety and its principal on a Miller Act payment bond is coextensive with the contractual liability of the principal only to the extent that it is consistent with the rights and obligations created under the Miller Act.’” In other words, “[w]here a subcontract’s terms are consistent with the Miller Act’s provisions, the surety’s liability on the Miller Act bond is coextensive with the contractual liability of its princip[al].”
    “The liability of a surety under the Miller Act is controlled by federal law, rather than state contract law[.]” The court may, however, “look to state law when interpreting contractual provisions” in a Miller Act case.
    “[T]he measure of recovery under the Miller Act is generally determined by the terms of the subcontract [or underlying contract].”
    Northcon, supra, at *4-5 (internal citations omitted).
    Read the full story...
    Reprinted courtesy of David Adelstein, Kirwin Norris
    Mr. Adelstein may be contacted at dma@kirwinnorris.com

    California Court Affirms $1.8 Million Judgment Against HOA for Failing to Investigate and Remediate Water Intrusion

    November 04, 2025 —
    When an HOA ignores its duties under its covenants and restrictions, the consequences can be devastating. In Ridley v. Rancho Palma Grande Homeowners Association (Cal. Ct. App., Aug. 28, 2025, No. H052560), a Santa Clara couple secured a $1.8 million judgment after their condominium was rendered uninhabitable due to water intrusion, mold, and a sinkhole caused by an abandoned well beneath the property. The Court of Appeal upheld the judgment, finding that the HOA’s delay, deception, and failure to act breached its duties under the CC&Rs. What Went Wrong at Rancho Palma Grande HOA Retirees Doug Ridley and Sherry Shen owned a condominium in Santa Clara County. In 2018, their tenants discovered persistent water pooling in the crawlspace beneath the unit - part of the building’s common area under the HOA’s control. The issue worsened over time, culminating in severe water damage, mold growth, and ultimately, a sinkhole beneath the living room floor. Read the full story...
    Reprinted courtesy of Haight Brown & Bonesteel LLP

    Navigating the DOT’s Interim Final Rule on DBE Certification Standards - and Preparing for the (Bumpy) Road Ahead

    October 27, 2025 —
    Last week, as a result of the federal government shutdown, news outlets reported on a pause in processing project reimbursements for the massive bi-state Hudson Tunnel Gateway Program and New York City’s Second Avenue Subway line. Beyond the political finger-pointing and investigation into the pause’s impact (the billions of dollars already appropriated remain untouched) is the federal Department of Transportation’s publication, also last week, of its interim final rule (“IFR”) Docket No. DOT–OST–2025–0897. Effective October 3, 2025, this IFR removes from its regulations at 49 C.F.R. Parts 23 and 26 race and gender-based presumptions of social and economic disadvantage from DOT’s regulations governing its Disadvantaged Business Enterprise (DBE) and Airport Concession Disadvantaged Business Enterprise (ACDBE) programs. In doing so, it replaces terms like “race-neutral/race-conscious” with “DBE-neutral/DBE-conscious” frameworks, and adds new sections (§§ 23.81 and 26.111) that require each Unified Certification Program (UCP), i.e., each state’s agency that sets the criteria for firms seeking DBE/ACDBE certification, to reevaluate any currently certified DBE, to recertify any DBE that meets the new certification standards, and to decertify any DBE that does not meet the new certification standards or fails to provide additional information required for submission under the new certification standards. Read the full story...
    Reprinted courtesy of Virginia Trunkes, Robinson & Cole LLP
    Ms. Trunkes may be contacted at vtrunkes@rc.com

    New York Moves to Tighten Third-Party Practice: Key Changes to CPLR 1007

    March 31, 2026 —
    Effective April 18, 2026, the New York Legislature enacted the Avoiding Vexatious Overuse of Impleading to Delay (“AVOID”) Act, amending CPLR 1007—the statute that governs third-party practice. The amendment sharply limits when and how defendants can commence third-party actions, curbing the expansive discretion they previously enjoyed and targeting the late-stage impleaders that often upend case schedules. What Changes Before the AVOID Act was signed into law on December 19, 2025 (and subsequently modified by Chapter Amendments A9502 and S8809, signed by Governor Hochul on February 13, 2026[1]), CPLR 1007 gave defendants broad latitude to implead “any person who is or may be liable” for all or part of the plaintiff’s claim. CPLR 1007 specified no outside time limit for the initiation of a third-party claim; courts assessed only whether a defendant’s delay was undue—such as impleading months after the note of issue—and whether the plaintiff would suffer prejudice if the third-party action were not severed. Read the full story...
    Reprinted courtesy of Sophia L. Cahill, Sheppard
    Ms. Cahill may be contacted at scahill@sheppard.com

    Seven Kahana Feld Attorneys Selected to 2025 New York Metro Super Lawyers Lists

    November 18, 2025 —
    NEW YORK - Oct. 30, 2025 - Kahana Feld is pleased to announce that Tim Capowski was included in the 2025 edition of New York Metro Super Lawyers and Sean Harriton, Rachael Marvin, Sarah Pavlini, Mariah Smith, Christopher Theobalt, and Sofya Uvaydov were included in New York Metro Rising Stars. 2025 New York Metro Super Lawyers Tim Capowski was awarded for his work in Appellate Law. Capowski is a partner at Kahana Feld and chair of the firm’s National Appellate Litigation & Consulting Group. He has spent the better part of three decades at the forefront of the insurance defense bar. He has litigated hundreds of appeals and thousands of motions in state and federal and appellate courts throughout New York and around the country. He handles a variety of complex litigation including catastrophic property and casualty claims, construction defect, professional liability, labor and employment law, mass torts, insurance coverage, and more. Read the full story...
    Reprinted courtesy of Eva Paulson, Kahana Feld
    Ms. Paulson may be contacted at epaulson@kahanafeld.com

    Are Robotic Coworkers Soon a Reality in Construction?

    March 24, 2026 —
    General-purpose humanoid robots are in the headlines, but is the hype justified? What’s the point of having a robot home assistant when it still needs a “guy behind the curtain” to control it remotely? Despite the challenges, robots, even those that look like humans, are seriously considered as future coworkers in business environments. According to the McKinsey report ‘Will embodied AI create robotic coworkers?‘ the idea that AI-powered robots will become general-purpose coworkers is grounded in real technological progress, but not an overnight reality. Read the full story...
    Reprinted courtesy of Aarni Heiskanen, AEC Business
    Mr. Heiskanen may be contacted at aec-business@aepartners.fi

    Brian Newberry Accepted into ABOTA

    November 18, 2025 —
    Providence, RI (October 13, 2025) - Lewis Brisbois is pleased to announce that Providence Partner Brian C. Newberry was recently accepted as a new member of the Rhode Island Chapter of the American Board of Trial Advocates (ABOTA) during the organization’s National Board Meeting in Austin, Texas on October 4, 2025. In discussing his acceptance into the organization, Mr. Newberry noted, “It’s an honor to be accepted into ABOTA. Jury trials lie at the heart of the legal system and while our first priority as lawyers is to resolve disputes as economically and efficiently as possible for our clients, part of that pursuit depends on always being ready to present a case to a jury and it is critically important for both our clients and opposing counsel to know we stand at the top of the profession in that regard.” Providence Managing Partner Lauren Motola-Davis stated, “ABOTA sets one of the profession’s highest bars for trial excellence and civility. Brian Newberry not only meets that standard - he exemplifies it. We’re thrilled for him and for ABOTA’s Rhode Island Chapter, and we know he’ll continue to strengthen Lewis Brisbois’ National Trial Practice.” Read the full story...
    Reprinted courtesy of Lewis Brisbois

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

    December 22, 2025 —
    This is the Second article in a series of four articles discussing how to properly fill out the four California construction releases described in California Civil Code 8132 – 8138. Let me start by noting that in addition to practicing construction law for more than 35 years, I chaired the committee of California construction attorneys who revised those sections of the California Civil Code dealing with this release form and many other construction forms as part of Senate Bill 189 in 2010. I also wrote the first version of this release form and made it free to the public well before the new law took effect in 2012. With this background, let me note a few things about the Unconditional Waiver and Release on Progress Payment form to help you avoid mistakes that might prevent you from achieving the intended effect of the form or releasing claim rights to a greater extent than you intend. Read the full story...
    Reprinted courtesy of William L. Porter, Porter Law Group
    Mr. Porter may be contacted at bporter@porterlaw.com