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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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    Commercial and Residential Contractors License Required.


    Expert Witness Engineer 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 Expert Witness Engineer 10/ 10

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


    New Megablimp to Deliver to Remote Alaskan Construction Sites

    Construction Defects not Creating Problems for Bay Bridge

    OSHA Advisory Committee, Assemble!

    Insurance Alert: Insurer Delay Extends Time to Repair or Replace Damaged Property

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    Texas exclusions j(5) and j(6).

    Women Make Their Mark on Construction Leadership

    15 Wilke Fleury Lawyers Recognized in 2020 Northern California Super Lawyers and Rising Stars Lists

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    U.K. Construction Unexpectedly Strengthens for a Second Month

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    Bill Taylor Co-Authors Chapter in Pennsylvania Construction Law Book

    New 2021 ALTA/NSPS Land Title Survey Standards Effective February 23, 2021

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    "Your Work" Exclusion Bars Coverage for Contractor's Faulty Workmanship

    Eighth Circuit Rejects Retroactive Application of Construction Defect Legislation

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    Damages to Property That is Not the Insured's Work Product Are Covered

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    More In-Depth Details on the Davis-Bacon Act Overhaul

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    Surplus Lines Carriers Cannot Compel Arbitration in Louisiana

    Recent Federal Court Decision Favors Class Action Defendants

    Quick Note: Discretion in Determining Prevailing Party for Purposes of Attorney’s Fees

    California Ranks As Leading State for Green Building in 2022

    A Primer on Suspension and Debarment for Federal Construction Projects

    Congratulations to Partner Madeline Arcellana on Her Selection as a Top Rank Attorney in Nevada!

    Traub Lieberman Attorneys Win Motion for Judgment on the Pleadings In Favor of Insurer

    Arkansas: Avoiding the "Made Whole" Doctrine Through Dépeçage

    Plaintiffs In Construction Defect Cases to Recover For Emotional Damages?

    'Perfect Storm' Caused Fractures at San Francisco Transit Hub

    Timely and Properly Assert Affirmative Defenses and Understand Statutory Conditions Precedent

    Over a Hundred Thousand Superstorm Sandy Cases Re-Opened

    Failure to Comply with Contract Leaves No Additional Insured Coverage

    Fall 2024 Legislative Update:

    Waiving Workers’ Compensation Immunity for Indemnity: Demystifying a Common and Scary-Looking Contract Term

    Intricacies of Business Interruption Claim Considered

    Construction Defect Lawsuit May Affect Home Financing

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    Exculpatory Provisions in Business Contracts

    What Do I Do With This Stuff? Dealing With Abandoned Property After Foreclosure

    2017 Colorado Construction Defect Recap: Colorado Legislature and Judiciary Make Favorable Advances for Development Community

    Florida Courts Inundated by Wave of New Lawsuits as Sweeping Tort Reform Appears Imminent

    New Window Insulation Introduced to U.S. Market

    U.K. High Court COVID-19 Victory for Policyholders May Set a Trend in the U.S.

    "Ongoing Storm" Rules for the Northeast (Connecticut, Massachusetts, New Jersey, New York & Rhode Island)

    Record-Setting Construction in Fargo
    Corporate Profile

    ANAHEIM CALIFORNIA CONSTRUCTION EXPERT WITNESS
    DIRECTORY AND CAPABILITIES

    The Anaheim, California Expert Witness Engineer 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. Drawing 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.

    Expert Witness Engineer News & Info
    Anaheim, California

    Unlocking the Hidden Power of Zoning, for Good or Bad

    October 21, 2024 —
    No longer dismissed as an insomnia-curing corner of local governance, zoning is having a moment. It’s at the heart of the pro-housing Yes In My Backyard — or YIMBY — movement, which seeks to reform the rules that mandate the construction of single-family homes across much of the US, and the arcane details of land use policy are being debated in national outlets and city councils across the US. In much of this discourse, zoning is the clear villain, blamed for feeding societal ills ranging from housing costs to racial discrimination to greenhouse gas emissions. In her new book Key to the City, Sara Bronin examines zoning with a critical but sympathetic eye. Bronin brings deep experience to the topic, having studied zoning as an architect and lawyer before overhauling the land use regulations of Hartford, Connecticut. A professor of architecture and planning at Cornell University (and an occasional Bloomberg CityLab contributor), she is currently on leave to chair the federal Advisory Council on Historic Preservation. Read the full story...
    Reprinted courtesy of David Zipper, Bloomberg

    Nine ACS Lawyers Recognized as Super Lawyers – Two Recognized as Rising Stars

    August 26, 2024 —
    Going outside the norm of our blogs, which usually discuss construction related issues, Ahlers, Cressman, & Sleight is pleased to announce that nine members of our firm have been selected to the 2024 Washington Super Lawyers list. Each year, a rigorous process that involves a nomination by peers and a third-party verification of honors, awards, verdicts, settlements, and other criteria relating to their work as an attorney, aims to select no more than five percent of the lawyers in Washington state from no more than seventy practice areas for this distinction. As mentioned, the first step in the process is to be evaluated on their work as an attorney, next candidates are evaluated by their peers and given ratings based on the information known about their work. Finally, candidates are grouped into four firm-size categories and final selections are made. The grouping process is done so that candidates are compared fairly to their peers by firm size, eliminating the potential unfairness that comes with comparing large and small firm outcomes and attorney practices. The Rising Star list involves an even narrower criteria than the Super Lawyers list. The initial process is the same, however, candidates for the Rising Stars list must be under the age of forty or have less than ten years of experience. For this category less the two and a half percent of lawyers in Washington are selected, making this quite a feat for those who have accomplished the honor. Read the full story...
    Reprinted courtesy of Ahlers Cressman & Sleight PLLC

    Top 10 Insurance Cases of 2024

    January 21, 2025 —
    Federal and state courts tackled a myriad of interesting insurance-related issues this past year. The U.S. Supreme Court also surprisingly addressed coverage issues in 2024, in not one—but two—decisions. It is rare for the Supreme Court to confront insurance coverage issues which usually involve matters of state law. The highest court’s assessment of the nuances of insurance to resolve maritime choice of law issues and interpret an insurer’s role in bankruptcy proceedings is indicative of the significant role that insurance coverage plays in resolving commercial disputes. Additionally, 2024 included a pivotal opinion from the 5th Circuit, which welcomed the principle that negligent construction can constitute “property damage” under a CGL policy if it causes a harmful change to the property. Elsewhere in the country, the Hawaii Supreme Court ruled that reckless conduct can qualify as an “accident” under a CGL policy’s definition of “occurrence”; however, the court simultaneously ruled that greenhouse gases fall within the scope of “pollutants” under the policy’s pollution exclusion. Cyber coverage decisions were also prominent, and the 5th Circuit chimed in with an interesting decision interpreting the scope of coverage afforded under a “system failure” provision. These decisions represent a mere sampling of the multitude of insurance issues courts nationwide have grappled with in 2024. Reprinted courtesy of Jeffrey J. Vita, Saxe Doernberger & Vita, P.C. and Michelle A. Grieco, Saxe Doernberger & Vita, P.C. Mr. Vita may be contacted at JVita@sdvlaw.com Ms. Grieco may be contacted at MGrieco@sdvlaw.com Read the full story...

    Kahana Feld Receives 2024 OCCDL Top Legal Organizations for DEI Award

    September 30, 2024 —
    IRVINE, CA – Sep. 12, 2024 – Kahana Feld is pleased to announce that the firm received the 2024 Top Legal Organizations for DEI Award from the Orange County Coalition for Diversity in the Law (OCCDL). The firm will be recognized at an awards gala at The Westin South Coast Plaza on October 3. Each year, the OCCDL recognizes individuals and organizations who have advanced diversity, equity, and inclusion in the Orange County legal community, whether through their excellence in the law or their direct efforts to promote DEI. Kahana Feld was recognized for programs such as its DEI book club and its regular webinars on topics like implicit bias. The firm supports various DEI organizations and initiatives in the Orange County area, including the Orange County Asian American Bar Association, the Orange County Women Lawyers Association, and the Jewish Federation of Orange County. The OCCDL is a collaborative effort of professionals from leading Orange County law firms and other community partners promoting the advancement of diverse attorneys in Orange County. The OCCDL partners with local schools and organizations to increase community involvement and provides education focused on diversity to students and attorneys. Read the full story...
    Reprinted courtesy of Linda Carter, Kahana Feld
    Ms. Carter may be contacted at lcarter@kahanafeld.com

    Utilities’ Extreme Plan to Stop Wildfires: Shut Off the Power

    October 28, 2024 —
    A growing number of utilities are resorting to an extreme measure to prevent their equipment from sparking catastrophic wildfires: turning off the power. Electric companies serving about 24 million homes and businesses across the fire-prone US West now have plans to preemptively cut electricity during dangerous fire conditions, according to an analysis of data compiled by researchers at Stanford University. The proactive blackouts, however, run counter to the power companies’ main mission — which is to keep the lights on. And that’s angering customers and officials. Lawsuits — and the billions of dollars of damage claims that come with them — are an increasing concern among utilities, said Michael Wara, who leads the Climate and Energy Policy Program at Stanford University. Read the full story...
    Reprinted courtesy of Mark Chediak, Bloomberg

    A “Flood” of Uncertainty; Massachusetts SJC Finds Policy Term Ambiguous

    August 26, 2024 —
    The highest court in Massachusetts recently held that term “Flood” and the associated phrase “surface waters,” as used in two all-risk insurance policies, is ambiguous in the context of water that accumulated on a parapet roof and rooftop courtyard, thereby negating the insurers’ attempt to limit coverage to a sublimited coverage for “Flood.” Background In June 2020, a severe storm caused damage to Norwood Hospital, owned by Medical Properties Trust, Inc. (“MPT”) and leased to Steward Health Care System (“Steward”), the policyholders. The relevant portion of the damage included damage from rain that accumulated on the rooftop courtyard and seeped into the interior of the building causing damage to the building and its contents. Reprinted courtesy of Michael S. Levine, Hunton Andrews Kurth and Torrye Zullo, Hunton Andrews Kurth Mr. Levine may be contacted at mlevine@HuntonAK.com Ms. Zullo may be contacted at tzullo@HuntonAK.com Read the full story...

    Staffing Company Not Entitled to Make a Claim Against a Payment Bond and Attorneys’ Fees on State Public Works Payment Bonds

    August 12, 2024 —
    It’s not quite Baskin Robbin’s “31 Flavors” but the panoply of statutory construction payment remedies available to contractors, subcontractor and material suppliers in California, from mechanics liens to stop payment notices to payment bond claims, can be tempting to reach for when you are not paid. However, some flavors are more readily available than others, as a staffing agency discovered in K & S Staffing Solutions, Inc. v. The Western Surety Company, Case Nos. C096705 and C097987 (January 2, 2024). The K & S Staffing Case The California Department of Transportation awarded VSS International, Inc. two public works construction contracts for road maintenance. Each involved an expenditure of over $25,000 and VSSI obtained a payment bond from Western Surety Company. Titan DVBE Inc. was a subcontractor on both projects. For most years, Titan employed its own workers. However, when it learned that its insurance carrier would no longer be offering workers’ compensation insurance in California it switched to K & S Staffing Solutions, Inc. to fulfill its staffing needs. Read the full story...
    Reprinted courtesy of Garret Murai, Nomos LLP
    Mr. Murai may be contacted at gmurai@nomosllp.com

    Summary Judgment for Insurer on Construction Defect Claim Reversed

    January 07, 2025 —
    The Fifth Circuit reversed the district court's granting of summary judgment to the insurer on a construction defect claim asserted against the insured. TIG Ins. Co. v. Woodsboro Farmers Cooperative, 2024 U.S. App. LEXIS 24003 (5th Cir. Sept. 20, 2024). In March 2013, Woodsboro Farmers Cooperative contracted with E.F. Erwin, Inc. to construct two Brock 105' diameter grain silos. Erwin hired subcontract AJ Constructors, Inc. (AJC) to construct the silos. Erwin was responsible for supervising the work. Brock silos were kits shipped by the manufacturer and then assembled according to the manufacturer's manuals and specifications. The silos are constructed section by section. AJC began erecting the silos in May 2013 and completed its work in June or early July. Erwin occasionally inspected the work and found the silos were structurally sound and not defective. AJC left the job site after completing the assembly. Read the full story...
    Reprinted courtesy of Tred R. Eyerly, Damon Key Leong Kupchak Hastert
    Mr. Eyerly may be contacted at te@hawaiilawyer.com