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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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    Building Industry Association Southern California - Desert Chapter
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    17744 Sky Park Circle Suite 170
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    ANAHEIM CALIFORNIA CONSTRUCTION EXPERT WITNESS
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    Leveraging from more than 7,000 construction defect and claims related expert witness designations, the Anaheim, California Expert Witness Engineer Group provides a wide range of trial support and consulting services to Anaheim'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.

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    Thomson Reuters Construction Law (Virginia Practice Series)

    March 31, 2026 —
    P&A Partners Michael A. Branca and Jennifer L. Harris have authored the most recent edition (2025) of Construction Law (Virginia Practice Series), part of Thomson Reuters’ ProView legal reference library. Associate Julia Loudenburg also provided substantial assistance for this edition. Construction Law includes summaries and analysis of statutes, regulations, and cases. It covers all major legal issues, including:
    • Licensing
    • Building code compliance
    • Public-private partnerships
    • Public contract bidding and performance
    • Dispute resolution
    • Damages
    • Third-party liability
    • Liens and bonds
    Reprinted courtesy of Jennifer L. Harris, Peckar & Abramson, P.C. and Michael A. Branca, Peckar & Abramson, P.C. Ms. Harris may be contacted at jharris@pecklaw.com Mr. Branca may be contacted at mbranca@pecklaw.com Read the full story...

    Insured Successfully Moves to Dismiss Insurer’s Suit to Eliminate Duty to Defend

    January 06, 2026 —
    The court found that the insurer had a duty to defend and dismissed the insurer’s motion for summary judgment. Travelers Indem. Co. of Conn. v. I.C. Refrigeration Services Inc., 2025 U.S. Dist. LEXIS 221768 (N.D. Cal. Nov. 10, 2025). Flory Construction, Inc. sued the project owner, Highbridge, asserting claims for (1) foreclosure on mechanics liens; (2) breach of contract; and other cliams. Flory agreed to furnish labor, materials and equipment for improvements to Highbridge’s properties. Flory alleges Highbridge failed to provide payment despite Flory completing “all requested contract work . . . except to the extent prevented by Highbridge.” Read the full story...
    Reprinted courtesy of Tred R. Eyerly, Damon Key Leong Kupchak Hastert
    Mr. Eyerly may be contacted at te@hawaiilawyer.com

    Traub Lieberman Attorneys Recognized in Hudson Valley Magazine’s 2026 Top Lawyers List

    March 24, 2026 —
    Traub Lieberman is pleased to announce that six Partners from the White Plains, NY office have been included in the 2026 edition of the Hudson Valley Magazine’s Top Lawyers in the Hudson Valley list. This annual guide recognizes more than 270 of the region's leading attorneys. Insurance:
    • Copernicus Gaza
    • Jonathan Harwood
    • Lisa Rolle
    • Lisa Shrewsberry
    Reprinted courtesy of Copernicus T. Gaza, Traub Lieberman, Jonathan R. Harwood, Traub Lieberman, Lisa M. Rolle, Traub Lieberman, Lisa L. Shrewsberry, Traub Lieberman, Christopher Russo, Traub Lieberman and Hillary J. Raimondi, Traub Lieberman Mr. Gaza may be contacted at cgaza@tlsslaw.com Mr. Harwood may be contacted at jharwood@tlsslaw.com Ms. Rolle may be contacted at lrolle@tlsslaw.com Ms. Shrewsberry may be contacted at lshrewsberry@tlsslaw.com Mr. Russo may be contacted at crusso@tlsslaw.com Ms. Raimondi may be contacted at hraimondi@tlsslaw.com Read the full story...

    The AVOID Act: A New Timeline for Liability in New York Construction Projects

    February 23, 2026 —
    By April 18, 2026, New York construction litigation will operate on a faster—and far less forgiving—timeline. The Avoiding Vexatious Overuse of Impleading to Delay (the “AVOID Act”), signed into law on December 19, 2025, fundamentally rewrites third‑party practice under CPLR § 1007 by imposing strict deadlines to bring subcontractors, suppliers, and other responsible parties into a case. For owners, developers, general contractors, and their in‑house counsel, this change will shift risk assessment, contract enforcement, and litigation strategy to the very front end of a claim—particularly in New York Labor Law and construction defect cases. What Changed—and Why It Matters to Construction Cases Historically, New York defendants could implead subcontractors and other players well into discovery. The AVOID Act ends that practice. Read the full story...
    Reprinted courtesy of Meghan Douris, Seyfarth Shaw LLP
    Ms. Douris may be contacted at mdouris@seyfarth.com

    Don’t Assert as a Counterclaim to a Lien Foreclosure Lawsuit an Order to Show Cause Claim

    October 27, 2025 —
    If there is a construction lien on your property and you don’t like the lien, here are options to deal with the lien:
    1. You negotiate a resolution a get a satisfaction of lien to record in the public records. Or, you can transfer the lien to the security of a lien transfer bond, but that just means the lienor would need to foreclose against the bond instead of the real property. In other words, the lien is collateralized by the lien transfer bond and not the real property so it does not resolve the lien.
    2. You record a Notice of Contest of Lien to shorten the lienor’s statute of limitations to foreclose on the construction lien to 60 days. (See here.) If the lienor does not timely foreclose, then the lien is of no effect as a matter of law. However, this does force the issue, meaning the lienor may file a lien foreclosure lawsuit sooner than later. (But, if they file the lawsuit sooner, then the lienor was always going to file the lawsuit later.)
    3. You can file a lawsuit for an Order to Show Cause under Fla. Stat. s. 713.21(4) and force the lienor to file a lien foreclosure counterclaim within 20 days from service of the show cause summons. (See here.) The only time you’d really do this is if you want to initiate a lawsuit that you’d probably initiate no matter what. Otherwise, the Notice of Contest of Lien is more cost effective and more efficient.
    Read the full story...
    Reprinted courtesy of David Adelstein, Kirwin Norris
    Mr. Adelstein may be contacted at dma@kirwinnorris.com

    Texas Case Exposes Cracks in the Government Contractor Immunity Shield

    November 09, 2025 —
    It started with a horrific crash. Pedro Alfonso Castaneda, the mainstay of a Texas family of five, had finished shopping at a plumbing supply store on an August afternoon in 2019, when he pulled up in his Toyota Tacoma pickup at an intersection adjacent to a busy highway overpass construction project in Pinehurst, Texas. Read the full story...
    Reprinted courtesy of Elaine Silver, Engineering News-Record
    ENR may be contacted at enr@enr.com

    Yet Another Reason That Your Contract Matters

    February 10, 2026 —
    I have discussed on several occasions the fact that construction contracts matter. The words in contracts matter and, in Virginia (as well as other states), most provisions, if not all will be enforced to the letter. Recently, the Western District of Virginia federal court ruled in a way that reminded me of another reason for a well-drafted contract. In Rockingham Precast, Inc. v. American Infrastructure – Maryland, Inc. the Western District of Virginia Court considered a motion to transfer the venue to Maryland filed by American Infrastructure. The plaintiff, Rockingham Precast, a Virginia-based company sued in Virginia. American Infrastructure conceded that VA could be a proper forum for the lawsuit but argued that the form was much too inconvenient and costly for the party and non-party witnesses and that the cost made the forum an unfair place to try the case. Read the full story...
    Reprinted courtesy of The Law Office of Christopher G. Hill
    Mr. Hill may be contacted at chrisghill@constructionlawva.com

    How to Properly Fill Out and Use the Unconditional Waiver and Release on Progress Payment Form Used in California Construction

    December 22, 2025 —
    This is the Second article in a series of four articles discussing how to properly fill out the four California construction releases described in California Civil Code 8132 – 8138. Let me start by noting that in addition to practicing construction law for more than 35 years, I chaired the committee of California construction attorneys who revised those sections of the California Civil Code dealing with this release form and many other construction forms as part of Senate Bill 189 in 2010. I also wrote the first version of this release form and made it free to the public well before the new law took effect in 2012. With this background, let me note a few things about the Unconditional Waiver and Release on Progress Payment form to help you avoid mistakes that might prevent you from achieving the intended effect of the form or releasing claim rights to a greater extent than you intend. No Duty to Defend Construction Defect Claims under Kentucky Law

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