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    Anaheim, 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:

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    Guidelines Anaheim California

    Commercial and Residential Contractors License Required.

    Expert Witness Engineer 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 Expert Witness Engineer 10/ 10

    Building Industry Association Southern California - Riverside County Chapter
    Local # 0532
    3891 11th St Ste 312
    Riverside, CA 92501
    Anaheim California Expert Witness Engineer 10/ 10

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

    Anaheim California Expert Witness Engineer 10/ 10

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

    Anaheim California Expert Witness Engineer 10/ 10

    Building Industry Association Southern California - Baldy View Chapter
    Local # 0532
    8711 Monroe Ct Ste B
    Rancho Cucamonga, CA 91730

    Anaheim California Expert Witness Engineer 10/ 10

    Building Industry Association Southern California - LA/Ventura Chapter
    Local # 0532
    28460 Ave Stanford Ste 240
    Santa Clarita, CA 91355
    Anaheim California Expert Witness Engineer 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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    Expert Witness Engineer News and Information
    For Anaheim California

    Appropriation Bill Cuts Military Construction Spending

    Brooklyn’s Industry City to Get $1 Billion Modernization

    Over a Hundred Thousand Superstorm Sandy Cases Re-Opened

    Discussion of History of Construction Defect Litigation in California

    Preventing Costly Litigation Through Your Construction Contract

    What To Do When the Government is Slow to Decide a Claim?

    Construction Down in Twin Cities Area

    Construction Leads World Trade Center Area Vulnerable to Flooding

    Domtar Update

    Insurance Law Client Alert: California FAIR Plan Limited to Coverage Provided by Statutory Fire Insurance Policy

    El Paso Increases Surety Bond Requirement on Contractors

    Toll Brothers Shows how the Affluent Buyer is Driving Up Prices

    New Jersey’s Independent Contractor Rule

    The Anatomy of a Construction Dispute- The Claim

    Construction Resumes after Defects

    Ackman Group Pays $91.5 Million for Condo at NYC’s One57

    Connecticut Supreme Court Finds Faulty Work By Subcontractor Constitutes "Occurrence"

    St. Petersburg Florida’s Tallest Condo Tower Allegedly Riddled with Construction Defects

    Chinese Brooklyn-to-Los Angeles Plans Surge: Real Estate

    Buyer Alleges Condo Full of Mold and Mice

    Chinese Demand Rush for Australia Homes to Stay, Ausin Says

    Texas res judicata and co-insurer defense costs contribution

    Michigan Supreme Court Concludes No Statute of Repose on Breach of Contract

    Texas Supreme Court Rules on Contractual Liability Exclusion in Construction Cases

    Housing Buoyed by 20-Year High for Vet’s Loans: Mortgages

    Another Colorado District Court Refuses to Apply HB 10-1394 Retroactively

    Decaying U.S. Roads Attract Funds From KKR to DoubleLine

    Colorado’s Three-Bill Approach to Alleged Construction Defect Issues

    Medical Center Builder Sues Contracting Agent, Citing Costly Delays

    Sales of Existing Homes in U.S. Fall to Lowest Since 2012

    Pennsylvania Supreme Court Rules in Builder’s Implied Warranty of Habitability Case

    Bay Area Firm Offers Construction Consulting to Remodels

    South Carolina Couple Must Arbitrate Construction Defect Claim

    Construction Insurance Rates Up in the United States

    Texas School System Goes to Court over Construction Defect

    Insured's Complaint Against Flood Insurer Survives Motion to Dismiss

    Fannie-Freddie Elimination Model in Apartments: Mortgages

    Wildfire Is Efficient Proximate Cause of Moisture Reaching Expansive Soils Under Residence

    Housing Starts in U.S. Little Changed From Stronger January

    SEC Approves New Securitization Risk Retention Rule with Broad Exception for Qualified Residential Mortgages

    Miami Building Boom Spreads Into Downtown’s Tent City

    Is Arbitration Okay Under the Miller Act? It Is if You Don’t Object

    Employee Exclusion Bars Coverage for Wrongful Death of Subcontractor's Employee

    Playing Hot Potato: Indemnity Strikes Again

    Construction Law Firm Welin, O'Shaughnessy + Scheaf Merging with McDonald Hopkins LLC

    Consumer Prices Rising as U.S. Housing Stabilizes: Economy

    The Ghosts of Baha Mar: How a $3.5 Billion Paradise Went Bust

    Court Orders City to Pay for Sewer Backups

    Parking Garage Collapse May Be Due to Construction Defect

    Home Prices in 20 U.S. Cities Rose at Slower Pace in May
    Corporate Profile


    The Anaheim, California Expert Witness Engineer Group is comprised from a number of credentialed construction professionals possessing extensive trial support experience relevant to construction defect and claims matters. Leveraging from this considerable body of experience, BHA provides construction related trial support and expert services to the nation's most recognized construction litigation practitioners, Fortune 500 builders, commercial general liability carriers, owners, construction practice groups, and a variety of state and local government agencies.

    Expert Witness Engineer News & Info
    Anaheim, California

    Slowing Home Sales Show U.S. Market Lacks Momentum: Economy

    August 27, 2014 —
    The pace of new-home sales fell to the slowest in four months in July, signaling U.S. real estate lacks the vigor to propel faster growth in the economy. Purchases unexpectedly declined 2.4 percent to a 412,000 annualized pace, weaker than the lowest estimate of economists surveyed by Bloomberg, Commerce Department data showed today in Washington. June purchases were revised up to a 422,000 rate after a May gain that was also bigger than previously estimated. Housing has advanced in fits and starts this year as tight credit and slow wage growth kept some prospective buyers from taking advantage of historically low borrowing costs. Bigger job and income gains, along with a further slowdown in price appreciation, would help make properties more affordable. Read the court decision
    Read the full story...
    Reprinted courtesy of Lorraine Woellert, Bloomberg
    Ms. Woellert may be contacted at

    Client Alert: Release of Liability Agreement Extinguishes Duty of Ordinary Care

    February 05, 2015 —
    On January 27, 2015, the California Court of Appeal, Fourth Appellate District, in Eriksson v. Nunnink (Case No. E057158), held a release of liability between Decedent and Defendant was enforceable as a defense to the Decedent's Parents' wrongful death and negligent infliction of emotional distress ("NIED") claims. In Eriksson, the Court concluded that on the basis of the signed release agreement, Defendant did not owe a duty of care to Decedent and thus could only be liable for Decedent's death if caused by the Defendant's gross negligence. The Court held that Plaintiffs failed to establish gross negligence and affirmed the lower court's judgment. Reprinted courtesy of Haight Brown & Bonesteel LLP attorneys R. Bryan Martin and Whitney L. Stefko Mr. Martin may be contacted at; Ms. Stefko may be contacted at Read the court decision
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    Reprinted courtesy of

    Firm Seeks to Squash Subpoena in Coverage CD Case

    May 20, 2015 —
    According to the New Jersey Law Journal, the insurance firm Carroll McNulty & Kull was “subpoenaed in connection with an out-of-state coverage dispute stemming from construction litigation that yielded a $55 million verdict," and "is fighting a demand that it hand over its file.” Carroll McNulty & Kull told the New Jersey Law Journal that “the subpoena ‘is a transparent attempt to obtain documents ordinarily protected by the attorney-client privilege and work product doctrine.” The New Jersey Law Journal reported that the subpoena “seeks ‘your entire file for the time period beginning Oct. 1, 2012, and ending June 19, 2014, pertaining in any manner to insurance policies issued by Crum and Forster Specialty Insurance Company.’ Included in the demand are ‘all handwritten or electronically stored notes; electronic and other communications,’ ‘emails and all attachments to those emails, time records, and bills,’ and ‘any documents and materials reviewed.’” U.S. District Judge Peter Sheridan has been assigned the motion to quash. Read the court decision
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    Reprinted courtesy of

    Defective Sprinklers Not Cause of Library Flooding

    October 30, 2013 —
    Sprinklers are important in any public building, but libraries with their large collections of nicely flammable paper. Of course, you also want to keep those books dry. The Hilton Head Island library investigated its sprinklers after a malfunctioning sprinkler head flooded the Friends of the Library bookshop, ruining thousands of books. The investigation found that, apart from the malfunction, the sprinklers had a defect that could have lead to their failure to operate in the event of a fire. The sprinklers had been the subject of a voluntary recall in 2001, however the 220 sprinkler heads were not replaced at that time. The county claimed that they were unaware of the recall at the time, and so failed to take advantage of program under which the manufacturer would pay for the recall. That program ended in 2007. Read the court decision
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    Reprinted courtesy of

    Proving Contractor Licensure in California. The Tribe Has Spoken

    October 21, 2015 —
    As I mentioned in an earlier post, in California you must “prove” you’re a licensed contractor in a construction case. But in whose hands are you entitled to place your fate – the judge or the jury? Well, the tribe has spoken. Jeff Tracy, Inc. v. City of Pico Rivera In Jeff Tracy, Inc. v. City of Pico Rivera, Case Nos. B258563 and B258648, California Court of Appeals for the Second District (September 15, 2015), general contractor Jeff Tracy, Inc. doing business as Land Forms Construction (“Land Forms”) was walloped with a nearly $5.5 million judgment for being improperly licensed on a park project owned by the City of Pico Rivera (“City”). The judgment followed a bench trial over Land Form’s objection that it was entitled to a jury trial. Read the court decision
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    Reprinted courtesy of Garret Murai, Wendel Rosen Black & Dean LLP
    Mr. Murai may be contacted at

    Construction Law Client Alert: California Is One Step Closer to Prohibiting Type I Indemnity Agreements In Private Commercial Projects

    June 15, 2011 —

    On June 1, 2011 by majority vote, the California Senate passed Senate Bill 474, which would amend Civil Code section 2782, and add Civil Code section 2782.05. The passage of this new law is a critical development for real estate developers, general contractors and subcontractors because it will affect how these projects are insured and how disputes are resolved.

    Civil Code section 2782 was amended in 2007 to prohibit Type I indemnity agreements for residential projects only. Since 2007, various trade associations and labor unions have lobbied to expand those very same restrictions to other projects. These new provisions apply to contracts, entered into after January 1, 2013, that are not for residential projects, and that are not executed by a public entity. The revisions provide that any provision in a contract purporting to indemnify, hold harmless, and defend another for their negligence or other fault is against public policy and void. These provisions cannot be waived.

    A provision in a contract requiring additional insured coverage is also void and unenforceable to the extent it would be prohibited under the new law. Moreover, the new law does not apply to wrap-up insurance policies or programs, or a cause of action for breach of contract or warranty that exists independently of the indemnity obligation.

    The practical impact of this new law is that greater participation in wrap-up insurance programs will likely result. While many wrap-up programs suffer from problems such as insufficient limits, and disputes about funding the self-insured retention, the incentive for the developer or general contractor to utilize wrap-up insurance will be greater than ever before because they will no longer be able to spread the risk of the litigation to the trades and the trade carriers.

    Read the full story…

    Reprinted courtesy of Steve Cvitanovic of Haight Brown & Bonesteel, LLP.

    Read the court decision
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    Reprinted courtesy of

    August Home Prices in 20 U.S. Cities Appreciate at Faster Pace

    October 28, 2015 —
    Home prices in 20 U.S. cities rose at a faster pace in the year ended August, a sign the industry continues to strengthen on improving demand. The S&P/Case-Shiller index of property values climbed 5.1 percent from August 2014 after rising 4.9 percent in the year ended in July, the group said Tuesday in New York. The gain was the biggest in a year and matched the median forecast of economists surveyed by Bloomberg. Nationally, prices increased 4.7 percent after a 4.6 percent advance in the 12 months through July. A tight supply has supported price appreciation, which may in turn entice more owners to put their properties on the market as the payoff grows. More homes that are affordable for first-time or young buyers will be needed to keep the housing recovery on track, providing a boost to consumer spending in the process. Read the court decision
    Read the full story...
    Reprinted courtesy of Victoria Stilwell, Bloomberg

    To Arbitrate or Not to Arbitrate? That is the Question

    April 28, 2016 —
    It’s been the fodder of debate of philosophers, academics and the rest of us for ages:
    • Do we have free will or are our actions predetermined and the result of preceding events?
    • Are human beings fundamentally selfless or self preserving?
    • Coca-Cola or Pepsi?
    • iOs or android?
    And for litigators and their clients, including us construction lawyers, arbitration or litigation? Or, in short, if a project goes sideways, in what forum will you resolve your dispute? It’s an important question the answer to which could mean the difference between winning or losing. Read the court decision
    Read the full story...
    Reprinted courtesy of Garret Murai, Wendel Rosen Black & Dean LLP
    Mr. Murai may be contacted at