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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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    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

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    Local # 0532
    3891 11th St Ste 312
    Riverside, CA 92501
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    Irvine, CA 92614

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    Expert Witness Engineer News and Information
    For Anaheim California

    Florida Governor Signs Construction Defect Amendments into Law

    FIFA May Reduce World Cup Stadiums in Russia on Economic Concern

    Louisiana Politicians Struggle on Construction Bills, Hospital Redevelopment

    Construction Defect Claim Did Not Harm Homeowner, Court Rules

    Colorado Court of Appeals holds that insurance companies owe duty of prompt and effective communication to claimants and repair subcontractors

    Personal Guarantor Cannot Escape a Personal Guarantee By…

    No Coverage For Damage Caused by Chinese Drywall

    Equities Favor Subrogating Insurer Over Subcontractor That Performed Defective Work

    How to Make the Construction Dispute Resolution Process More Efficient and Less Expensive

    Stop by BHA’s Booth at WCC and Support the Susan G. Komen Foundation

    Illinois Law Bars Coverage for Construction Defects in Insured's Work

    Lost Rental Income not a Construction Defect

    Breach of a Construction Contract & An Equitable Remedy?

    School System Settles Design Defect Suit for $5.2Million

    Harmon Tower Opponents to Try Mediation

    Home Repair Firms Sued for Fraud

    Orange County Home Builder Dead at 93

    BWBO Celebrating Attorney Award and Two New Partners

    Newmeyer & Dillion Ranked Fourth Among Medium Sized Companies in 2016 OCBJ Best Places to Work List

    Contractor Changes Contract After Signed, Then Sues Older Woman for Breaking It

    Subcontractors Have a Duty to Clarify Ambiguities in Bid Documents

    World-Famous Architects Design $480,000 Gazebos for Your Backyard

    Condominium Association Wins $5 Million Judgment against Developer

    Hawaii Building Codes to Stay in State Control

    City Drops Impact Fees to Encourage Commercial Development

    Handling Construction Defect Claims – New Edition Released

    Insurance and Your Roof

    Ninth Circuit Affirms Duty to Defend CERCLA Section 104 (e) Letter

    New York Court Rules on Architect's Duty Under Contract and Tort Principles

    Another Las Vegas Tower at the Center of Construction Defect Claims

    Finding Highway Compromise ‘Tough,’ DOT Secretary Says

    Iowa Court Holds Defective Work Performed by Insured's Subcontractor Constitutes an "Occurrence"

    Housing Starts Rebound in U.S. as Inflation Eases: Economy

    Electrical Subcontractor Sues over Termination

    Blurred Lines: New York Supreme Court Clarifies Scope of Privileged Documents in Connection with Pre-Denial Communications Prepared by Insurer's Coverage Counsel

    Man Pleads Guilty in Construction Kickback Scheme

    Crowdfunding Comes to Manhattan’s World Trade Center

    One to Watch: Case Takes on Economic Loss Rule and Professional Duties

    Warranty Reform Legislation for Condominiums – Unfair Practices used by Developers and Builders to avoid Warranty Responsibility for Construction Defects in Newly Constructed Condominiums

    Panel Declares Colorado Construction Defect Laws Reason for Lack of Multifamily Developments

    CDJ’s #6 Topic of the Year: Does Colorado Need Construction Defect Legislation to Spur Affordable Home Development?

    Bel Air Mansion Construction Draws Community Backlash

    Homeowner Sues Brick Manufacturer for Spalling Bricks

    Construction Law Client Advisory: What The Recent Beacon Decision Means For Developers And General Contractors

    Colorado Court of Appeals Enforces Limitations of Liability In Pre-Homeowner Protection Act Contracts

    Union THUGS Plead Guilty

    Developer Boymelgreen Forced to Hand Over Financial Records for 15 Broad Street

    Is Solar the Next Focus of Construction Defect Suits?

    Alabama Court Determines No Coverage For Insured's Faulty Workmanship

    First Quarter Gains in Housing Affordability
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    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

    D.R. Horton Earnings Rise as Sales and Order Volume Increase

    May 07, 2015 —
    D.R. Horton Inc., the largest U.S. homebuilder by revenue, said fiscal second-quarter earnings rose as sales increased in a sign of growing demand for new homes. Net income climbed to $147.9 million, or 40 cents a share, for the three months ended March 31 from $131 million, or 38 cents, a year earlier, the Fort Worth, Texas-based company said Wednesday in a statement. The average of 15 analyst estimates was 38 cents a share, according to data compiled by Bloomberg. “The spring selling season at D.R. Horton is off to a strong start,” Chairman Donald R. Horton said in the statement. “Our increasingly diverse product offerings are enabling us to expand our industry-leading market share.” Read the court decision
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    Reprinted courtesy of John Gittelsohn, Bloomberg
    Mr. Gittelsohn may be contacted at

    Axa Unveils Plans to Transform ‘Stump’ Into London Skyscraper

    June 17, 2015 —
    Plans for a skyscraper at 22 Bishopsgate in the City of London go on show for the first time today before developers Axa Real Estate and Lipton Rogers seek planning approval. Axa bought the site in February, three years after work halted on the tower during the financial crisis. The plot became known as “the stump” because only the foundations, basements and the lift core up to level nine were built. Read the court decision
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    Reprinted courtesy of Patrick Gower, Bloomberg

    Will They Blow It Up?

    March 28, 2012 —

    The issues concerning the Harmon Towers building in Las Vegas continue to make their way through the courts. As we noted in a previous piece, Cook County building officials stated that the building could be a hazard if Las Vegas were struck by an earthquake. The question of whether the building will continue to stand is just one of the issues in front of a judge.

    MGM Resorts International argued at a March 13 hearing for permission to implode the Harmon hotel building. They claim that more than 1,700 defects have been discovered in the building and that the building is a public safety hazard. Arguing against demolition, Perini Building Company, the general contractor for the hotel, and its subcontractors are claiming that imploding the building would destroy evidence and prejudice juries in the ongoing construction defect claims. They claim that MGM Resorts wishes to abandon the building due to the economic slowdown. Perini Corp, the contractor for the project, claims that the building can be fixed. Perini claims that MGM’s position in the construction trial would be improved if the building is demolished.

    After Judge Elizabeth Gonzalez heard the four days of testimony on the Harmon Towers building and whether it should be demolished, she scheduled more testimony, with two days in April and an entire week in July. Judge Gonzalez will be deciding whether the building will be torn down, imploded, or left in place.

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    Reprinted courtesy of

    Environmental Suit Against Lockheed Martin Dismissed

    August 13, 2014 —
    A federal judge dismissed an environmental suit against Lockheed Martin, finding that contamination levels on the plaintiffs’ Moorestown, New Jersey properties were not high enough to pose a health threat, according to the New Jersey Law Journal. Two owners who live across the street from the plant had “sued under the Resource Conservation & Recovery Act, the Comprehensive Environmental Response, Compensation & Liability Act and various state statutes.” However, “while the suit was pending, the New Jersey Department of Environmental Protection raised the threshold for concentration levels of substances such as TCE and PCE to warrant additional testing.” Read the court decision
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    Reprinted courtesy of

    CEB’s Mechanics Liens and Related Remedies – 2014 Update

    November 26, 2014 —
    I’ve been writing for the CEB – the Continuing Education of the Bar – which publishes legal practice guides for lawyers for some time now. But I don’t think I’ve been quite as excited to write for the CEB than writing for its publication, California Mechanics Liens and Related Construction Remedies, for the first time this year. Particularly, since it’s one of the first publications I used as a young lawyer to learn about construction law, and still use today. Read the court decision
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    Reprinted courtesy of Garret Murai, Wendel Rosen Black & Dean LLP
    Mr. Murai may be contacted at

    Pennsylvania Court Extends Construction Defect Protections to Subsequent Buyers

    December 20, 2012 —
    The Pennsylvania courts have long held that there is an implied warranty of habitability for the initial purchaser of a home. Now, as some defects may not immediately show up, the court has extended that implied warranty to second and subsequent purchasers. As Marc D. Brookman, David I. Haas, and Christopher Bender of Duane Morris note, “this judicially created doctrine shifts the risk of a latent defect in the construction of a new home from the purchaser to the builder-vendor.” The Pennsylvania Supreme Court concluded that a contractual relationship is not needed for an implied warranty of habitability. The court’s concern was inequalities would result when a home was sold while other homes were protected by being within the statute of repose. Read the court decision
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    Reprinted courtesy of

    Terminator’s Trench Rehab Drives L.A. Land Prices Crazy

    June 26, 2014 —
    Ben Stapleton frames the shot with his hands like a movie director, sharing his vision of a junkyard he’s trying to sell for $3.5 million. He sees artist workspaces, retail shops and apartments with Los Angeles skyline views, steps from a riverfront oasis. Right now the river of his dreams is the concrete flood channel where an 18-wheeler chased Arnold Schwarzenegger on a Harley in “Terminator 2: Judgment Day,” one of the movies that used the 200-foot-wide (60-meter) ditch to depict industrial bleakness. A U.S. Army Corps of Engineers plan to return the Los Angeles River to a more natural state would cost $1 billion and has speculators circling even before the funding’s in place. “The private money is already moving,” said Stapleton, a vice president at commercial real-estate brokerage Jones Lang LaSalle Inc. (JLL) “They’re looking for opportunities. It’s the private money that’s going to make the vision happen.” Mr. Gittelsohn may be contacted at; Mr. Ohnsman may be contacted at Read the court decision
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    Reprinted courtesy of John Gittelsohn and Alan Ohnsman, Bloomberg

    Legal Fallout Begins Over Delayed Edmonton Bridges

    June 22, 2016 —
    The project teams for Edmonton’s two problem bridge-replacement projects have put most of their woes behind them—if trips to civil court and possible late-completion penalties are excluded. Read the court decision
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    Reprinted courtesy of Scott Van Voorhis, Engineering News-Record
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