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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

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

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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 - LA/Ventura Chapter
    Local # 0532
    28460 Ave Stanford Ste 240
    Santa Clarita, CA 91355
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    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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    ANAHEIM CALIFORNIA CONSTRUCTION EXPERT WITNESS
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    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.

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    Anaheim, California

    Louisiana Enacts Important Tort Reform Legislation

    May 12, 2026 —
    The Louisiana legislature enacted tort reform legislation in 2025 to address the increasing cost of insurance in Louisiana and to provide some predictability to the Louisiana legal system. While our colleagues, Jenny Michel and Jennifer Kretschmann, have provided an excellent and comprehensive analysis of the legislation in their article entitled “Louisiana State Legislature 2025 Regular Session: Tort Reform - Acts & Vetoed Insurance Bill,” which can be found here, this article examines the anticipated impact of the tort reform legislation on personal injury trials in federal and state courts in Louisiana. The most significant reform involves the institution of a modified defense of contributory negligence, which went into effect on January 1, 2026. Since 1996, Louisiana had operated as a pure comparative fault state; the liability of each party whose fault caused damages was to be allocated among the respective parties based upon their appropriate percentage of fault, regardless of the legal theory of liability asserted against each party. Thus, a plaintiff 55 percent at fault could recover 45 percent of their damages from the liable defendants. The 2025 Tort Reform Amendments now prohibit a plaintiff in a personal injury action from recovering any damages if they are found to be 51 percent or more at fault for their damages. The 55 percent at-fault party in the example above is now prohibited from recovering any damages from any party. Importantly, this new legislation now requires the trial court to instruct the jury that if they find a plaintiff to be more than 50 percent at fault, then the plaintiff will not recover any damages. Reprinted courtesy of Lee M. Peacocke, Lewis Brisbois and Benjamin Perkins, Lewis Brisbois Mr. Peacocke may be contacted at Lee.Peacocke@lewisbrisbois.com Mr. Perkins may be contacted at Benjamin.Perkins@lewisbrisbois.com Read the full story...

    Dispute Erupts Into Public Over Castro Theater Rehab Project Costs

    September 08, 2026 —
    As it was about to start an arbitration of final payments on a complex theater renovation, the entertainment company that leases San Francisco's landmark Castro Theatre has filed a state court trademark violation lawsuit seeking to bar the contractor from publicizing as a success its work for the owner on that and other projects. Read the full story...
    Reprinted courtesy of Richard Korman, Engineering News-Record
    Mr. Korman may be contacted at kormanr@enr.com

    Congratulations to Gianna Liddy on Her Promotion to Partner

    September 21, 2026 —
    Bremer Whyte Brown & O’Meara, LLP is proud to announce that Gianna Liddy has been promoted to partner. Gianna’s dedication, leadership, and exceptional contributions to the firm have earned her this well-deserved recognition. Please join us in congratulating her on this exciting achievement! Meet Gianna Liddy! Gianna has been with BWB&O since 2019 and has been practicing law since 2017. Her practice focuses on complex civil defense litigation, including high-exposure personal injury, premises liability, transportation, construction defect, habitability, and general liability matters. As a Supervising Attorney in the firm’s Encinitas office, she oversees a team of attorneys, collaborates closely with clients and insurance professionals, and develops litigation strategy in complex matters. Read the full story...
    Reprinted courtesy of Bremer Whyte Brown & O’Meara, LLP

    New York Orders Moratorium on Large Data Center Permits

    July 27, 2026 —
    Levi W. Barrett, Co-Managing Partner of Peckar & Abramson’s New Jersey office, Co-Chair of the firm’s Construction Contracts & Risk Management team, and Executive Committee Member, was recently quoted in “New York Orders Moratorium on Large Data Center Permits,” an article written by Engineering News-Record (ENR). The article examines New York Governor Kathy Hochul’s executive order temporarily halting state environmental permit reviews for certain large-scale data center projects while regulators develop a comprehensive framework to address the sector’s energy demands, water consumption, environmental impacts, and effects on local communities. It also explores the broader implications of the moratorium for developers, contractors, investors, and other stakeholders, as well as the ongoing debate between economic development, AI-driven infrastructure growth, and environmental and utility ratepayer concerns. Read the full story...
    Reprinted courtesy of Levi W. Barrett, Peckar & Abramson, P.C.
    Mr. Barrett may be contacted at lbarrett@pecklaw.com

    4th Department Narrowly Interprets Professional Services

    August 11, 2026 —
    In the recent case of Cty. of Erie v. Selective Ins. Co. of Am., 2026 NY Slip Op 04092 (App. Div. 4th Dept.), New York’s Appellate Division, Fourth Department held that a general liability carrier for a construction manager owed additional insured coverage to the County of Erie, notwithstanding an exclusion in the construction manager’s policy for injuries arising out of professional services. The underlying case involved injuries sustained when the underlying plaintiff fell off of her bicycle at a park owned by the County when she transitioned from the pavement edge to grass. Read the full story...
    Reprinted courtesy of Craig Rokuson, Traub Lieberman
    Mr. Rokuson may be contacted at crokuson@tlsslaw.com

    Global Insights Center: Monthly Newsletter

    June 15, 2026 —
    May in Review Last month, inflation moved higher, with Consumer Price Index (CPI) inflation rising to 3.8% year over year, up from 3.3% the prior month. The increase was driven primarily by energy prices, particularly gasoline, reflecting ongoing disruptions tied to the Middle East conflict. Labor market data were broadly stable. The unemployment rate remained unchanged at 4.3%, wage growth increased modestly to 3.6%, while job growth continued to be geographically concentrated in the Southern states, particularly cities in Texas. On an occupational basis, healthcare once again led job gains, especially in home health services, a trend we have consistently highlighted. Business formations increased during the month, with notable strength in e commerce and digital services firms. Manufacturing activity also improved, particularly in semiconductors, IT equipment, and natural gas–related energy infrastructure. Read the full story...
    Reprinted courtesy of Global Insights Center Staff, The Hartford

    A Win for Clarity: What a Recent Federal Court Decision Means for Davis-Bacon Compliance

    July 13, 2026 —
    Following the Department of Labor’s 2023 Davis-Bacon rule changes, federal construction contractors faced a pressing question: not whether paying prevailing wages is required, but how far those obligations could extend. Could they reach off-site material suppliers? Delivery drivers? Contracts that omitted Davis-Bacon clauses entirely? A recent federal court decision in AGC of America v. US Department of Labor answers these questions in important ways, vacating several disputed provisions and giving contractors greater certainty when pricing, bidding, and administering federal construction projects. The ruling addresses three aspects of the 2023 regulations that sought to extend Davis-Bacon obligations beyond their traditional scope. By vacating those provisions, the decision creates a more predictable compliance environment and reinforces an important principle: Davis-Bacon enforcement works best when contractors, workers, and regulators operate under clear, objective rules. Read the full story...
    Reprinted courtesy of Stephen E. Irving, Peck
    Seeking Better Peer Reviews After the FIU Bridge Collapse

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    The Double-Breasted Dilemma

    White and Williams LLP Ranked in the Chambers USA 2026 Guide

    Real Estate & Construction News Roundup (11/5/25) – Apartment Conversion Projects Surge, Targeted AI in Real Estate Increases and Hotel Lobby Urge End of Government Shutdown

    In Texas, a General Contractor May be Liable in Tort to a Third-Party Lessee for Property Damage Caused by a Subcontractor’s Work

    Construction Picks Up Post-COVID and So Do Claims (and A Construction Lawyer Can Help)

    Withdrawal of an Admission in California May Shift Costs—Including Attorneys’ Fees—Incurred in Connection with the Withdrawal

    Insureds’ Altering Dates for Hailstorm Damage Justifies Denial of Claim

    Boston Building Boom Seems Sustainable

    Breach of an Oral Contract and Unjust Enrichment and Implied Covenant of Good Faith and Fair Dealing

    You Cannot Arbitrate Claims Not Covered By The Arbitration Agreement

    From Fantasy to Fact: Cristina Andersson on Our Robotic Future

    Navigating the Diverging Landscape of Climate Disclosure Laws

    CA Supreme Court Permits Insurers to Bring Direct Actions Seeking Reimbursement of Excessive Fees Against Cumis Counsel Under Limited Circumstances

    Using the Prevention Doctrine

    Sustainability Is an Ever-Increasing Issue in Development

    Smoke and Soot Constitute Direct Physical Loss

    Homebuilders See Record Bearish Bets on Shaky Recovery

    Course of Conduct Can Serve as Waiver or Modification of Parties’ Contract

    Chambers USA 2022 Ranks White and Williams as a Leading Law Firm

    Consequential Damage Claims for Insurer's Bad Faith Dismissed

    Wildfire Insurance Coverage Series, Part 5: Valuation of Loss, Sublimits, and Amount of Potential Recovery

    Florida’s Citizens Property Insurance May Be Immune From Bad Faith, But Is Not Immune From Consequential Damages

    Quick Note: Don’t Spoil Evidence!!!!

    Tariffs, Supply Snarls Spur Search for Factories Closer to U.S.

    Florida Federal Court to Examine Issues of Alleged Arbitrator Conflicts of Interests in Panama Canal Case

    The Construction Industry Lost Jobs (No Surprise) but it Gained Some Too (Surprise)

    Insured’s Counsel Sanctioned for Filing Pleading with No Legal or Factual Justification

    "On Second Thought"

    Neither Designated Work Exclusion nor Pre-Existing Damage Exclusion Defeat Duty to Defend

    Celebrities Lose Case in Construction Defect Arbitration

    Court Reminds Insurer that the Mere Possibility Of Coverage at the Time of Tender Triggers a Duty to Defend in a Defect Action

    Court Finds That SIR Requirements are Not Incorporated into High Level Excess Policies and That Excess Insurers’ Payment of Defense Costs is Not Conditioned on Actual Liability

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

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

    California Mediation Confidentiality May Apply to Third Party “Participants” Retained to Provide Analysis

    Construction Robotics Works Where Variation Ends

    Techniques for Resolving Construction Disputes

    A Primer on Suspension and Debarment for Federal Construction Projects

    Condos Down in Denver Due to Construction Defect Litigation

    Pennsylvania “occurrence”

    Loan Snarl Punishes Spain Builder Backed by Soros, Gates

    LA’s Wildfire Recovery Shifts to Costly and Chaotic Rebuilding

    General Liability Alert: ADA Requirements Pertaining to Wall Space Adjacent to Interior Doors Clarified

    Oregon to Add 258,000 Jobs by 2022, State Data Shows

    Three Attorneys Elevated to Partner at Newmeyer & Dillion, LLP

    Construction Defects in Home a Breach of Contract

    Top 10 Take-Aways from the 2025 Mid-Winter Meeting in Tampa

    Insurer Must Pay To Defend Product Defect Claims From Date Of Product Installation
    prop="name">D.C. Decision Finding No “Direct Physical Loss” for COVID-19 Closures Is Not Without Severe Limitations

    Construction Slow to Begin in Superstorm Sandy Cases

    Wilke Fleury Attorney Featured in 2022 Best Lawyers in America and Best Lawyers: Ones To Watch!

    Cameron Kalunian to Speak at Casualty Construction Defect Seminar

    Time is Money. Unless You’re an Insurance Company

    Important Information Regarding Colorado Mechanic’s Lien Rights.

    Unit Owners Have No Standing to Sue under Condominium Association’s Policy

    Homeowner’s Policy Excludes Coverage for Loss Caused by Chinese Drywall

    Pending Sales of Existing Homes in U.S. Decline for Eighth Month

    Texas Construction Firm Officials Sentenced in Contract-Fraud Case

    AGC Seeks To Lead Industry in Push for Infrastructure Bill