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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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    Construction Expert Witness Contractors Building Industry
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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
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    Construction Expert Witness News and Information
    For Anaheim California


    Columbus, Ohio’s Tallest Building to be Inspected for Construction Defects

    Heatup of Giant DOE Nuclear Waste Melter Succeeds After 2022 Halt

    House Bill Clarifies Start Point for Florida’s Statute of Repose

    How the Cumulative Impact Theory has been Defined

    A Survey of New Texas Environmental Laws

    First Lumber, Now Drywall as Canada-U.S. Trade Tensions Escalate

    Reminder: You Can’t Make Others Indemnify You for Your Own Actions

    Duty to Defend Bodily Injury Evolving Over Many Policy Periods Prorated in Louisiana

    Maritime Law: An Albatross for Contractors Navigating Marine Construction

    COVID-19 Business Closure and Continuity Compliance Resource

    How Concrete Mistakes Added Cost to the Recent Frederick Douglass Memorial Bridge Project

    School District Settles Construction Lawsuit with Additional Million

    Candis Jones Named to Atlanta Magazine’s 2022 “Atlanta 500” List

    Arbitration is Waivable (Even If You Don’t Mean To)

    Dust Infiltration Due to Construction Defect Excluded from Policy

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    Fort Lauderdale Associate Secures Summary Judgment in Rare Premises Liability Win

    California Court of Appeal: Inserting The Phrase “Ongoing Operations” In An Additional Endorsement Is Not Enough to Preclude Coverage for Completed Operations

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    Design and Construction Defects Not a Breach of Contract

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    Kahana Feld Secures Voluntary Discontinuance With Prejudice in High-Exposure Trip-and-Fall Case

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    New York Team’s Win Limits Scope of Property Owners’ Duties to Workers for Hazards Inherent in Their Work

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    Corporate Profile

    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

    New California Law Requires Real Estate Agents and Brokers to Disclose AI Alterations in Listings

    January 21, 2026 —
    San Diego, Calif. (December 19, 2025) - Artificial intelligence and digital marketing have become ubiquitous in real estate advertising. The widespread use of AI creates risk for consumers who don’t know whether images shown online or on the multiple listing services are real. A new California law that goes into effect in January 2026 tries to draw a clear line: innovation is welcome but deception is not. The state’s new law requires licensed real estate brokers and salespersons to disclose when images used in advertisement and promotional materials have been digitally altered and to provide access to the original, unaltered images. The law is intended to enhance transparency in real estate advertising and to reduce the risk of consumer deception arising from image editing, virtual staging, or other digital modifications. Who Is Covered The law applies to real estate agents, brokers, developers, and marketing staff involved in property advertising. It encompasses advertisements including those in print and online. Read the full story...
    Reprinted courtesy of Brian Slome, Lewis Brisbois
    Mr. Slome may be contacted at Brian.Slome@lewisbrisbois.com

    Top 10 Insurance Cases of 2025

    January 26, 2026 —
    The insurance landscape continues to evolve, shaped by litigation that tests the limits of policy language, coverage obligations, and public policy considerations. In 2025, courts across the country issued several significant rulings that will influence how insurers and policyholders navigate claims and risks. Notable trends in 2025 include disputes over property coverage for wildfire and smoke damage, the treatment of interrelated claims under successive D&O policies, enforcement of arbitration clauses in international insurance contracts, and general liability coverage issues—such as construction exclusions for phased projects and limits on coverage for losses tied to the opioid crisis. This publication spotlights the top insurance cases of 2025, highlighting their legal reasoning, practical implications, and impact for policyholders—plus a look ahead at key cases to watch in 2026. Reprinted courtesy of Jeffrey J. Vita, Saxe Doernberger & Vita, P.C., Michelle A. Grieco, Saxe Doernberger & Vita, P.C. and Kiley Stackpole, Saxe Doernberger & Vita, P.C. Mr. Vita may be contacted at JVita@sdvlaw.com Ms. Grieco may be contacted at MGrieco@sdvlaw.com Ms. Stackpole may be contacted at KStackpole@sdvlaw.com Read the full story...

    Reminder: You Can’t Make Others Indemnify You for Your Own Actions

    January 13, 2026 —
    I have spoken about Virginia Code 11-4.1 and the prohibition on forcing others to indemnify for the actions of the indemnitees on a few occasions here at Construction Law Musings (See Uniwest Posts). The Western District of Virginia gave its take on indemnification clauses and why they need to be carefully drafted in a December 2024 case, Sauer Construction, LLC v. MC3 Solutions, LLC et al. In Sauer, the Court looked at, among other things, an indemnification provision between MC3, a subcontractor to Sauer, and MC3s sub-subcontractor, Bonitz Flooring Group. This was the relatively typical construction dispute where a general contractor sues a subcontractor and then that subcontractor sues its supplier and sub-subcontractors for indemnity pursuant to its contract. When faced with the indemnification claim, Bonitz argued that the indemnification provision violated the Va. Code 11-4.1 because it required Bonitz to indemnify MC3 for MC3’s actions. The provision follows the break. Read the full story...
    Reprinted courtesy of The Law Office of Christopher G. Hill
    Mr. Hill may be contacted at chrisghill@constructionlawva.com

    Las Vegas Partner Jeffrey Saab and Team Leader D. Ryan Efros Secure a $0.00 Settlement on a Multimillion-Dollar Construction Defect Case!

    April 14, 2026 —
    Partner Jeffrey Saab and Team Leader D. Ryan Efros’ client was a construction supervisor on a palatial mansion. The homeowners claimed millions of dollars in damages and asserted the client was a general contractor (GC) and so responsible for the alleged defects. Jeff and Ryan took more than 15 depositions, reinforcing their trial strategy theme: that the client was not a GC, but Plaintiffs were. They secured significant concessions from Plaintiffs, pressed Plaintiffs’ own negligent construction choices, and made the risk of trying the case intolerable. On the eve of trial, Plaintiffs backed down, settling out Jeff and Ryan’s client for $0.00. Read the full story...
    Reprinted courtesy of Dolores Montoya, Bremer Whyte Brown & O'Meara LLP

    Lewis Brisbois Ranked Tier 1 Nationally for Seven Practice Areas in 2026 Best Law Firms

    January 06, 2026 —
    November 6, 2025) - Lewis Brisbois has been ranked Tier 1 nationally by Best Lawyers for 'Appellate Practice,' 'Commercial Litigation,' ‘Insurance Law,’ 'Litigation - Construction,' ‘Litigation - Labor and Employment,’ ‘Mass Tort Litigation / Class Actions – Defendants,’ and ‘Transportation Law,’ as well as ranking Tier 1 in an array of practice areas across 27 metro regions in its 2026 edition of Best Law Firms®. In addition to Lewis Brisbois' national rankings, the firm was also ranked Tier 1 in the following regional categories: Akron
    • Bet-the-Company Litigation
    • Commercial Litigation
    • Tax Law
    • Trusts and Estates
    Read the full story...
    Reprinted courtesy of Lewis Brisbois

    Should Post Contract Award Tariffs be Reimbursable? Why Public Works Contractors Deserve Clarity

    November 18, 2025 —
    Public works contractors across Washington and the U.S. are grappling with a costly and unresolved question: when the federal government imposes new import tariffs after a contract has been awarded, do those tariffs entitle contractors to additional compensation? The answer depends on the contract and the public agency. Some public works contracts tie relief directly to whether tariffs are considered “taxes.” Others frame their adjustment clauses more broadly, focusing on changes in law or government-imposed costs. For contractors, the distinction is critical. Read the full story...
    Reprinted courtesy of Brett M. Hill, Ahlers Cressman & Sleight PLLC
    Mr. Hill may be contacted at brett.hill@acslawyers.com

    Dallas County District Court Grants Kahana Feld’s Motion to Dismiss for Want of Prosecution

    December 30, 2025 —
    Kahana Feld successfully obtained dismissal of a lawsuit in the 95th Judicial District Court of Dallas County. The Court granted our Motion to Dismiss for Want of Prosecution, agreeing that the plaintiff failed to diligently pursue their claims after more than 18 months of inactivity, despite an upcoming trial date. Our team demonstrated that the plaintiff had not initiated discovery or scheduled depositions, and furthermore, the delay was not excused by former counsel’s withdrawal. Consequently, the judge declined the plaintiff’s request for additional time and dismissed the case without prejudice. Read the full story...
    Reprinted courtesy of Kahana Feld

    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...