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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
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    Construction Expert Witness News and Information
    For Anaheim California


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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.

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    Anaheim, California

    New California Law Mandates Prompt Resolution of Change Order Payment Disputes on Private Works of Improvement

    January 05, 2026 —
    On October 10, 2025, Governor Newsom signed SB 440, titled the Private Works Change Order Fair Payment Act. The new law introduces a process and deadlines for handling change order, time extension and payment disputes on private-works construction projects. SB 440 will apply to contracts entered into on or after January 1, 2026, and will remain in effect until January 1, 2030. What Is Changing? Construction projects often undergo changes during the construction process that may result in additional costs for labor and materials. Currently, there are no specific processes mandated for resolving change orders on private works of improvement in California. On January 1, 2017, California implemented Public Contract Code section 9204 to provide a claims resolution process for contractors engaged in public works projects, and SB 440 seeks to implement a similar process for private, nonresidential construction projects. Reprinted courtesy of Samuel Bucher, Pillsbury, Marc Coats, Pillsbury and William S. Hale, P.E., Pillsbury Mr. Bucher may be contacted at samuel.bucher@pillsburylaw.com Mr. Coats may be contacted at marc.coats@pillsburylaw.com Mr. Hale may be contacted at william.hale@pillsburylaw.com Read the full story...

    How to Document Changes and Preserve Claims Without Starting a Fight

    December 02, 2025 —
    Construction is a team sport, but you can play nice while still preserving your contractual rights. In every construction project, changes happen and disagreements arise. The trouble comes when during formal dispute resolution months (or years) later, the parties argue about the basic facts of what the issue was, what was authorized, who knew, and whether notice was given. In formal dispute resolution, the most compelling evidence is the contemporaneous, factual documentation in the project record, but many fail to document these issues for fear of harming the relationship with the owner, general contractor, or subcontractor. This article provides practical guidance on how to document changes and potential claims in a way that preserves relationships and avoids escalation during the project itself. Here’s how to document changes (or your disagreement) to preserve your contract rights and ability to make a claim later, without jeopardizing the working relationship during construction. Read the full story...
    Reprinted courtesy of Kristina Southwell, Ahlers Cressman & Sleight PLLC
    Ms. Southwell may be contacted at kristina.southwell@acslawyers.com

    Snell & Wilmer Recognized Among the Top 10 Largest Law Firms in Orange County by the Orange County Business Journal for the Ninth Consecutive Year

    April 27, 2026 —
    ORANGE COUNTY – Snell & Wilmer is pleased to announce that its Orange County office has been named the eighth largest law firm in Orange County on the Orange County Business Journal’s 2026 List of Law Firms. The office has been ranked among the top 10 largest law firms in the region by the Orange County Business Journal for nine consecutive years. “We are proud to once again be recognized among the top law firms in Orange County,” said Jonathan E. Frank, managing partner of the firm’s Orange County office. “This recognition is a testament to the outstanding attorneys and professionals in our Orange County office and the clients who trust us with their most important matters. Being ranked among the top 10 largest firms in the region for nine consecutive years reflects both the strength of our team and our deep commitment to serving the Orange County business community.” Read the full story...
    Reprinted courtesy of Snell & Wilmer

    Chris Konzelmann Appointed to NASP Board of Directors

    November 03, 2025 —
    White and Williams LLP congratulates Chris Konzelmann, Partner and Chairman of the Subrogation Department, on his appointment to the National Association of Subrogation Professionals’ (NASP) Board of Directors. In an announcement posted to LinkedIn, NASP stated, “These new board members bring diverse experience, leadership, and a shared vision for NASP’s future. Together, they will continue advancing NASP’s mission to provide education, advocacy, and community for subrogation professionals across all industries.” Chris is a long-standing member of NASP and a frequent presenter at its Annual and Spring Conferences. He also regularly delivers webinars and training sessions for subrogation clients, helping them stay informed on legal developments and best practices in recovery strategy. Read the full story...
    Reprinted courtesy of White and Williams LLP

    Reckless Disregard is. . . Well. . .Reckless

    December 30, 2025 —
    Punitive damages are hard to come by in construction law cases. This is because almost all construction contract cases are exactly that: contract cases. Between the economic loss rule and the Virginia Courts’ almost (though not completely) impregnable wall between tort and contract, punitive damages may seem completely out of the picture. Depending on your perspective and position on the construction project food chain, this fact can be either frustrating or comforting. However, like all seemingly immutable laws, this one has an exception according to the Chesapeake County, Virginia Circuit Court. In Sawyer v. C.L. Pincus Jr. & Co. et. al. this Virginia court was faced with the following scenario. The defendants, a church and its contractor, were sued by Sawyer over a construction swale that was built partly on Sawyer’s property. According to the plaintiff, the only permission they gave to their neighbors at the church was to allow the church to build a drainage berm that did not encroach on their property. As stated above, the church and its contractor built a swale that encroached on the Sawyers’ property. Read the full story...
    Reprinted courtesy of The Law Office of Christopher G. Hill
    Mr. Hill may be contacted at chrisghill@constructionlawva.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

    Always Keep Your Time Limits in Mind—to Know When You Can Sue, and When You Can No Longer Be Sued (Law Note)

    December 15, 2025 —
    As the calendar year is getting a little long in the tooth, the subject of time becomes top of mind. Time, in litigation, can make or break your ability to sue (or be sued). A recent blog post by blogger John Caravella addressing statutes of limitations in New York (6 years) and Florida (5 years) brought to mind the issues that sometimes surprise folks working in North Carolina. In North Carolina, the statute of limitations is (generally) set at 3 years for breach of contract matter, including breaches of construction contracts. However, there are always exceptions. The statute of repose in North Carolina for damages to real property is 6 years. What that means is that if there is a ‘latent defect’ that is not obvious right away, you may still have a claim beyond three years (but not beyond the 6 year repose limit). Read the full story...
    Reprinted courtesy of Melissa Dewey Brumback, Ragsdale Liggett
    Ms. Brumback may be contacted at mbrumback@rl-law.com

    Contract Interpretation – Determining What the Contract Requires

    March 24, 2026 —
    A good ole dispute on contract interpretation in government contracting. Contract interpretation disputes happen all the time in every jurisdiction under the sun. Think about that. Now, what’s the best way to avoid a contract interpretation dispute? Naturally, invest in the contract language and fully understand the scope of work. Make all of this clear. But, of course, this isn’t foolproof meaning you could still be doing this and you could still find yourself in a contract interpretation dispute. Although, if you are doing this, and being proactive, the contract interpretation disputes should be minimal and more streamlined. In Liberty Technical Services, LLC v. Department of Veterans Affairs, CBCA 8385, 2026 WL 407656 (CBCA 2026), the dispute centered on whether the government owed the contractor for certain, necessary equipment (largely controllers, but also tanks and pumps) not specified in the contract. The government countered that this should be a non-issue because the contractor always acknowledged it was responsible for furnishing the unspecified, necessary equipment, and the contractor did actually provide the equipment without direction from the government. Each party claimed the contract was unambiguous when construed in context. Read the full story...
    Reprinted courtesy of David Adelstein, Kirwin Norris
    Mr. Adelstein may be contacted at dma@kirwinnorris.com