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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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    Commercial and Residential Contractors License Required.

    Construction Expert Witness Contractors Building Industry
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    Building Industry Association of San Diego
    Local # 0556
    9201 Spectrum Center Blvd Ste 110
    San Diego, CA 92123

    San Diego California Construction Expert Witness 10/ 10

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

    San Diego California Construction Expert Witness 10/ 10

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

    San Diego California Construction Expert Witness 10/ 10

    Building Industry Association Southern California - Desert Chapter
    Local # 0532
    77570 Springfield Ln Ste E
    Palm Desert, CA 92211

    San Diego California Construction Expert Witness 10/ 10

    Building Industry Association Southern California - Riverside County Chapter
    Local # 0532
    3891 11th St Ste 312
    Riverside, CA 92501
    San Diego 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

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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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    Construction Expert Witness News and Information
    For San Diego California

    A Brief Discussion – Liquidating Agreements

    The NAR asks FAA to Amend their Drone Rules for Real Estate Use

    Insurer Has Duty to Defend Despite Construction Defects

    Reasons to Be Skeptical About a Millennial Homebuying Boom in 2016

    Indemnity Clauses—What do they mean, and what should you be looking for?

    CEB’s Mechanics Liens and Related Remedies – 2014 Update

    Disputed Facts on Cause of Collapse Results in Denied Cross-Motions for Summary Judgment

    Appeal of an Attorney Disqualification Order Results in Partial Automatic Stay of Trial Court Proceedings

    Communications between Counsel and PR Firm Hired by Counsel Held Discoverable

    Parties to an Agreement to Arbitrate May be Compelled to Arbitrate with Non-Parties

    City and Contractor Disclaim Responsibility for Construction Error that Lead to Blast

    Update Relating to SB891 and Bond Claim Waivers

    Supreme Court of California Rules That Trial Court Lacking Subject Matter Jurisdiction May Properly Grant Anti-SLAPP Motion on That Basis, and Award Attorney’s Fees

    2018 Legislative Changes Affecting the Construction Industry

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

    EPA Announces Decision to Retain Current Position on RCRA Regulation of Oil and Gas Production Wastes

    New Zealand Using Plywood Banned Elsewhere

    Construction Law Client Alert: Hirer Beware - When Exercising Control Over a Job Site’s Safety Conditions, You May be Held Directly Liable for an Independent Contractor’s Injury

    Wait, You Want An HOA?! Restricting Implied Common-Interest Communities

    Insured Versus Insured Clause Does Not Bar Coverage

    Cost of Materials Holding Back Housing Industry

    Plehat Brings Natural Environments into Design Tools

    New York Appellate Division Reverses Denial of Landlord’s Additional Insured Tender

    Are Construction Defect Claims Covered Under CGL Policies?

    Not Remotely Law as Usual: Don’t Settle for Delays – Settle at Remote Mediation

    Explore Legal Immigration Options for Construction Companies

    The Value of Photographic Evidence in Construction Litigation

    The Most Expensive Apartment Listings in New York That Are Not in Manhattan

    Subcontractor’s Miller Act Payment Bond Claim

    Tech to Help Contractors Avoid Litigation

    Contract Provisions That Help Manage Risk on Long-Term Projects

    New York Court Finds Insurers Cannot Recover Defense Costs Where No Duty to Indemnify

    Choice of Laws Test Mandates Application of California’s Continuous and Progressive Trigger of Coverage to Asbestos Claims

    University of California Earthquake Report Provides List of Old Concrete Buildings in LA

    Contractual Assumption of Liability Does Not Bar Coverage

    Colorado Supreme Court Decision Could Tarnish Appraisal Process for Policyholders

    A Few Construction Related Bills to Keep an Eye On in 2023 (UPDATED)

    North Carolina Should Protect Undocumented Witnesses to Charlotte Scaffolding Deaths, Unions Say

    Canada Cooler Housing Market Boosts Poloz’s Soft Landing

    Construction Warranties: Have You Seen Me Lately?

    Chinese Billionaire Sues Local Governments Over Project Payment

    House Committee Kills Colorado's 2015 Attainable Housing Bill

    Affordable Housing, Military Contracts and Mars: 3D Printing Construction Potential Builds

    New York: The "Loss Transfer" Opportunity to Recover Otherwise Non-Recoverable First-Party Benefits

    Barratt Said to Suspend Staff as Contract Probe Continues

    Seattle Council May Take a New Look at Micro-Housing

    The Dangers of an Unlicensed Contractor from Every Angle

    Project-Specific Commercial General Liability Insurance

    Hudson River PCB Cleanup Lands Back in Court

    Are Defense Costs In Addition to Policy Limits?
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    Leveraging from more than 7,000 construction defect and claims related expert witness designations, the San Diego, California Construction Expert Witness Group provides a wide range of trial support and consulting services to San Diego'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.

    Construction Expert Witness News & Info
    San Diego, California

    Traub Lieberman Attorneys Recognized as 2023 Illinois Super Lawyers® and Rising Stars

    February 01, 2023 —
    Traub Lieberman is pleased to announce that two Partners from the Chicago, IL office have been selected to the 2023 Illinois Super Lawyers list. In addition, two Partners have been named to the 2023 Super Lawyers Rising Stars list. 2023 Illinois Super Lawyers
    • Brian Bassett – Insurance Coverage
    • Dana Rice – Insurance Coverage
    2023 Super Lawyers Rising Stars
    • Jessica Kull – Civil Litigation: Defense
    • Jeremy Macklin – Insurance Coverage
    Read the full story...
    Reprinted courtesy of Traub Lieberman

    Florida Continues Enacting Tort Reforms, This Time Shortening the Statute of Repose

    May 01, 2023 —
    On April 13, 2023, Florida’s governor, Ron DeSantis, signed into law SB 360 which, among other things, shortens the statute of repose period for improvements to real property. The law also revises the date on which the statute of limitations period runs for these types of damage claims. Florida’s revision of this law provides further evidence of the state’s tort reform efforts. The new law went into effect upon signing and includes the following changes:
    • Shortens the statute of repose period set forth in Fla. Stat. § 95.11(3)(c) for actions founded on the design, planning or construction of improvements to real estate from ten (10) to seven (7) years. The statute of repose period runs from the earliest (rather than the latest) of the date: a) the authority having jurisdiction issues a temporary certificate of occupancy; b) a certificate of occupancy; c) a certificate of completion; or d) of abandonment of construction if not completed. Of note, the revised repose period eliminates that date of actual possession by the owner as one of the accrual dates.
    Read the full story...
    Reprinted courtesy of William L. Doerler, White and Williams LLP
    Mr. Doerler may be contacted at

    Traub Lieberman Partner Jonathan Harwood Obtains Summary Judgment Determining Insurer Has No Duty to Defend or Indemnify

    February 27, 2023 —
    Traub Lieberman Partner Jonathan Harwood obtained summary judgment in favor of the Plaintiff determining that it had no duty to defend or indemnify an insured in a personal injury action, in a case brought in the Eastern District of New York. The Plaintiff, an insurance provider (“the Insurer”), issued a General Commercial Policy (the “Policy”) to the Defendant, a commercial property owner (the “Property Owner”). In the underlying action, a former employee (the “Employee”) of a concrete vendor sued the Property Owner, and others, in New York Supreme Court, Queens County, for an injury that occurred on the street in front of the Property Owner’s premises during the course of repairs of sewer pipes that serviced the Property Owner’s premises. Read the full story...
    Reprinted courtesy of Jonathan R. Harwood, Traub Lieberman
    Mr. Harwood may be contacted at

    “Unwinnable”: Newark Trial Team Obtains Unanimous “No Cause” Verdict in Challenging Matter on Behalf of NYC Mutual Housing Association

    May 15, 2023 —
    Newark, N.J. (May 8, 2023) – Newark Partner Afsha Noran and New Jersey Managing Partner Colin P. Hackett recently obtained a “no cause” verdict on behalf of multi-unit apartment owners and managers, notwithstanding that the trial judge initially deemed the matter an “unwinnable case” for the defense. In this matter, Lewis Brisbois represented a large New York City mutual housing association that owned and managed a single multi-unit apartment building in Paterson, New Jersey. The plaintiffs – a mother and her two children – alleged that the housing association failed to maintain the property, which led to defective conditions and mold throughout their apartment. They further contended that the mold caused multiple pulmonary, nasal, and skin injuries. Despite the shortage of trial judges in New Jersey, this case proceeded to trial, with the plaintiffs’ significant six-figure demand in place. Over the course of the four-day trial, the plaintiffs presented five witnesses: the plaintiff mother, the plaintiff 18-year-old child, the liability expert, and two medical experts. The client chose not to retain either liability or damages experts to counter those of the plaintiffs. As such, Lewis Brisbois’ trial team was left to defend the matter with an opening statement, a cross-examination of the plaintiffs and their experts, the testimony of the client’s property manager, and a closing argument. Read the full story...
    Reprinted courtesy of Lewis Brisbois

    Reminder: Know Your Contractor Licensing Rules

    January 09, 2023 —
    In the course of my construction law practice, I have the pleasure of speaking with and talking to contractors and subcontractors that are based in Virginia and also based in other states. With the more nationalized construction landscape due to the constricted construction economy, I have more and more interaction with the latter category. When I get a call from an out of state contractor (often when that construction company has an issue), one of my first questions is always whether that contractor has obtained its contractors license here in Virginia. In most cases, the answer is “Yes” and we can move on. However, in some instances, the answer is no and we have to discuss the potential consequences. Among the consequences for failure to obtain the proper contractor license prior to performing work in Virginia are as follows:
    1. Inability to record a mechanic’s lien
    2. Possible criminal charges
    3. Possible inability to collect for construction work performed
    Read the full story...
    Reprinted courtesy of The Law Office of Christopher G. Hill
    Mr. Hill may be contacted at

    Managing Once-in-a-Generation Construction Problems – Part II

    April 03, 2023 —
    Part I of this series discussed the benefits of construction participants using alternative project delivery methods and properly addressing change order issues, rising costs and payment structure issues to manage construction during these uncertain times. Part II below explores the possibility that higher prices and steady consumer demand could lead to an increase in unscrupulous contractor practices—and how owners can mitigate that risk, managing the challenges posed by the unforeseen labor shortage and turnover in the industry and evolving your construction team for short-term and long-term success. Higher Prices and Steady Demand With the demand for construction projects relatively stable, contractors remaining in high demand and a surge in prices for construction materials and components, owners are under great pressure to accept less favorable construction terms. This has presented unscrupulous contractors with perceived leverage over owners and new opportunities to engage in questionable business practices and fraud. Although some contractors may seek to stretch the boundaries of a construction contract, other contractors are more deliberate. Falsifying payment applications and invoices to inflate labor or materials costs, billing for work not yet performed or materials not yet delivered to the project site and manipulating change orders are examples of illicit and fraudulent practices by contractors. Reprinted courtesy of Jeffrey S. Wertman, Construction Executive, a publication of Associated Builders and Contractors. All rights reserved. Read the full story...

    Claim Preclusion: The Doctrine Everyone Thinks They Know But No One Really Knows What it Means in Practice

    April 25, 2023 —
    Generally, I think restraint in litigation is a good thing. Don’t go crazy on your claims, don’t go nut-so in your discovery, and don’t present your case at trial in a way that causes the judge and/or jury to raise their eyebrows or shake their heads in disbelief. But, as with nearly everything, there’s always an exception. One of which is: don’t hold back on a claim because you “think” you might be able to bring it later, because you might not be able to as the next case, 5th and LA v. Western Waterproofing Company, Inc., 87 Cal.App.5th 781 (2023), demonstrates. The 5th and LA Case At the outset, let me first say how much I enjoyed reading this case based on the writing alone. The case, as the 2nd District Court of Appeals states, involves “a second lawsuit about an increasingly leaky roof.” In 2012, property owner 5th and LA hired roofing contractor Western Waterproofing Company, Inc. to remove and recoat a parking lot that served also served as the roof over retail and office space below. Western completed its work in July 2012 and almost immediately 5th and LA noticed water that the coating was failing causing water leaks to the interior of the building. Read the full story...
    Reprinted courtesy of Garret Murai, Nomos LLP
    Mr. Murai may be contacted at

    Meet Daniel Hall, Assistant Professor at TU Delft

    January 17, 2023 —
    We sat down with Daniel M. Hall, an assistant professor at TU Delft, to discuss ways of achieving circularity in the built environment. Daniel will be a keynote speaker at WDBE in September 2023, where he’ll talk more about future circular cities. Daniel is internationally known for his research on construction management and construction informatics. He did his Ph.D. at Stanford and worked for almost five years as an Assistant Professor of Innovative and Industrial Construction at ETH Zurich. In September 2022, he moved to the Netherlands. The Delft University of Technology, Daniel’s new home base, strongly emphasizes the circular economy and circularity and has a long history of excellent teaching and research. It provides an inspiring environment for innovating the future. Why we need to improve circularity in cities “We cannot keep building the way we’ve been building. We don’t have enough resources; we don’t have enough materials,” Daniel asserts. “Obviously, we have questions around carbon impact. Around 40 percent of all CO2 emissions come from a combination of building operations and building materials.” Read the full story...
    Reprinted courtesy of Aarni Heiskanen, AEC Business
    Mr. Heiskanen may be contacted at