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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
    Local # 0532
    77570 Springfield Ln Ste E
    Palm Desert, CA 92211

    Anaheim California Roofing Expert Witness 10/ 10

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

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    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 - 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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    Local # 0532
    17744 Skypark Cir Ste 170
    Irvine, CA 92614

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

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    ANAHEIM CALIFORNIA ROOFING EXPERT WITNESS
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    The Anaheim, California Roofing Expert Witness 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.

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    How to Fireproof a Neighborhood

    March 17, 2026 —
    As builders in fire-prone areas like California race to reimagine homes for a more fiery future, one developer is zooming out to build entire fire-resilient neighborhoods. KB Home’s developments tackle an issue that’s hard for any individual homeowner to overcome: “You can do your home perfectly, but if your neighbor didn’t, you still have a fire risk,” said Roy Wright, chief executive officer of the research nonprofit Insurance Institute for Business and Home Safety. In other words, to slow the spread of urban fires it takes a village. 9204 Meet 8850. Public Works Claims Processes Now Apply to Private Works, With Some DifferencesNovember 21, 2025 —
    Contractors working on public works

    Fixed Price, Fluid Quantities: The Hidden Risks in Lump Sum Agreements with Variable Units

    November 21, 2025 —
    Lump sum construction agreements are the most basic of the different design-bid-build options: the contractor agrees to complete the entire scope of work for a fixed price, and assumes most of the quantity and cost risks. If the contractor’s actual costs exceed its estimates, the contractor absorbs the loss. Adding a clause into the construction agreement that allows unit quantities to increase or decrease based on actual job quantities creates a mechanism that can reduce the risk of estimating, but it is a clause that should be carefully drafted and closely guarded. There are times when it makes sense for parties to deviate from their lump sum agreement and allow for greater flexibility: when there are uncertainties in site conditions or scope, and/or to reduce disputes over changed conditions. The parties can introduce elements of unit-price contracts into the lump sum framework, either choosing to shift the risk entirely to one party or the other, or sharing the risk, e.g., by including an equitable adjustment clause that allows for a price adjustment if the variation exceeds a certain threshold. Even with that balance, incorporating opportunities for adjustments can favor more than just the contractor: it creates a disincentive for the contractor to inflate unit prices to hedge against quantity risks.
    Read the fu

    Insurer’s Federal Suit Dismissed in Favor of Insured’s State Suit

    April 14, 2026 —
    The federal district court granted the insured’s motion to dismiss the insurer’s federal suit for

    Contracting Chaos? How Mid-America v. US Department of Transportation is Upending DBE Certifications

    December 02, 2025 —
    Since the early 1980s, Disadvantaged Business Enterprise (DBE) programs including the one implemented by the US Department of Transportation (DOT) have been in effect. The DBE program began under Title VI of the Civil Rights Act and has been reauthorized by Congress in various bills over the years. Generally, these DBE programs have required that ten percent of federal highway construction funds be paid to small businesses controlled and owned by “socially and economically disadvantaged individuals.” Certain minority and women owned businesses have been given a presumption of disadvantage to facilitate their participation in federally‑assisted DOT contracting. While any person may qualify as socially and economically disadvantaged regardless of their race or gender, certain racial groups and women are re

    Under Construction – November 2025

    January 06, 2026 —
    Letter From the Editor Welcome to the fall edition of Snell & Wilmer’s Under Construction Newsletter. As brisk autumn air sets in, it’s an ideal moment to shore up the basics — both in your projects and in your grasp of the continually shifting field of construction law. In this newsletter, we explore a variety of topics related to current construction trends and legal news that may be relevant and helpful to you and your business. We have assembled a selection of articles that include discussions of state-specific issues including how Idaho’s Contractor Registration Act bars unregistering contractors from enforcing contracts or filing liens, though the state Supreme Court allows remedies for post-registration work if severable. This edition discusses how contractors can maximize cash flow and profits by substituting security for retainage on public projects. We also highlight the California Court of Appeals discussion and latest decision relating to subcontractor substitution protections under Public

    Why the Total Recordable Incident Rate Doesn’t Tell the Whole Safety Story

    November 09, 2025 —
    economic loss rule and the Virginia Courts’ almost (though not completely) impregnable wall between tort and contract, punitive damages may seem completely out of the picture. Depending on your perspective and position on the construction project food chain, this fact can be either frustrating or comforting. However, like all seemingly immutable laws, this one has an exception according to the Chesapeake County, Virginia Circuit Court. In Sawyer v. C.L. Pincus Jr. & Co. et. al. this Virginia court was faced with the following scenario. The defendants, a church and its contractor, were sued by Sawyer over a construction swale that was built partly on Sawyer’s property. According to the plaintiff, the only permission they gave to their neighbors at the church was to allow the church to build a drainage berm that did not encroach on their property. As stated above, the church and its contractor built a swale that encroached on the Sawyers’ property. Read the full story...
    Reprinted courtesy of The Law Office of Christopher G. Hill
    Mr. Hill may be contacted at chrisghill@constructionlawva.com

    The Seventh Circuit Rejects Navigators Insurance Company’s Attempt to Escape Additional Insured Coverage For a Gas Explosion

    March 24, 2026 —
    In a recent Seventh Circuit decision, Atlanta Gas Light Company v. Navigators Insurance Company, the court addr

    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 Infrastruc

    Recognize: A Construction Safety Week Technical Bulletin

    February 23, 2026 —
    Construction Safety Week has long been a powerful show of force, a catalyst for bringing the industry together and putting a spotlight on the critical importance of

    Lewis Brisbois Ranked Tier 1 Nationally for Seven Practice Areas in 2026 Best Law Firms

    January 06, 2026 —
    November 6, 2025) - Lewis Brisbois has been ranked Tier 1 nationally by Best Lawyers for 'Appellate Practice,' 'Commercial Litigation,' ‘Insurance Law,’ 'Litigation - Construction,' ‘Litigation - Labor and Employment,’ ‘Mass Tort Litigation / Class Actions – Defendants,’ and ‘Transportation Law,’ as well as ranking Tier 1 in an array of practice areas across 27 metro regions in its 2026 edition of Best Law Firms®. In addition to Lewis Brisbois' national rankings, the firm was also ranked Tier 1 in the following regional categories: Akron
    • Bet-the-Company Litigation
    • Commercial Litigation
    • Tax Law
    • Trusts and Estates
    Read the full story...
    Reprinted courtesy of Lewis Brisbois
    Trau

    UPDATED: Dominion Sues Feds Over Offshore Wind Project Halt, With Action Possible on Others Shut

    February 02, 2026 —
    UPDATED: Dominion Energy filed a federal lawsuit Dec. 23 in Norfolk, Va. against the U.S. Interior Dept. immediate construction pause order for its 2.6-GW Coastal Virginia Offshore Wind energy project (CVOW) off Virginia Beach, Va., which it developing to begin operation next year. The project is one of five large East Coast offshore wind projects under construction that the federal agency paused, claiming new "national security" risks. Dominion and OSW Project LLC, the entity that includes project co-owner Stonepeak Partners, a private investor, said they seek a temporary restraining order. Read the full story...
    Reprinted courtesy of Certificates as Evidence of Additional Insured Coverage Are All the Rage, But You Deserve Better

    Pay Inequities Are a Symptom of Broader Gender Biases, Studies Show

    Is a Violation of a COVID-19 Order the Basis For Civil Liability?

    Energy Company Covered for Business Interruption Losses Caused by Fire and Resulting in Town-Ordered Shutdown

    Include Contract Clauses for Protection Against Ever-Evolving Construction Challenges

    Retainage: What Contractors Need to Know and Helpful Strategies

    Insurer's Motion to Dismiss Complaint for Failure to Cover Collapse Fails

    HOA Group Speaking Out Against Draft of Colorado’s Construction Defects Bill

    Time to Negotiate Limitation on Remedies and Damages Is on the Front End

    Replevin Actions: What You Should Know

    How a 10-Story Wood Building Survived More Than 100 Earthquakes

    More Construction Defects for San Francisco’s Eastern Bay Bridge Expansion

    Traub Lieberman Partners Lauren S. Curtis and Sarah A. Wilkins and Associate Veronica Guerra Win Motion for Summary Judgment

    Carbon Sequestration Can Combat Global Warming, Sometimes in Unexpected Ways

    The Big Three: The 9th Circuit Joins The 6th Circuit and 7th Circuit in Holding That Sanctions For Bad-Faith Litigation Tactics Can Only Be Awarded Against Individual Lawyers and Not Law Firms

    No Damage for Delay? No Problem: Exceptions to the Enforceability of No Damage for Delay Clauses

    Design-Assist, an Ambiguous Term Causing Conflict in the Construction Industry[1]

    Pennsylvania Federal Court Confirms: Construction Defect Claims Not Covered by CGL Policies

    Court Upholds Denial of Collapse Coverage Where Building Still Stands

    Federal Government Sues Four States Over Climate Superfund Laws and Climate Change Litigation

    U.S. State Adoption of the National Electrical Code

    Harmon Towers Demolition Still Uncertain

    Construction Defects through the Years

    Turning Back the Clock: DOL Proposes Previous Davis-Bacon Prevailing Wage Definition

    Don’t Just Document- Document Right!

    Marlena Ellis Makes The Lawyers of Color Hot List of 2022

    Client Alert: Michigan Insurance Company Not Subject to Personal Jurisdiction in California for Losses Suffered in Arkansas

    Oregon Courthouse Reopening after Four Years Repairing Defects

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

    Norristown, PA to Stop Paying Repair Costs for Defect-Ridden Condo

    Pennsylvania Supreme Court Denies Review of Pro-Policy Decision

    Goldberg Segalla Welcomes William L. Nimick

    Quarter Four a Good One for Luxury Homebuilder

    World's Longest Suspension Bridge Takes Shape in Turkey

    Perez Broke Records … But Should He Have Settled Earlier?

    Payne & Fears LLP Recognized by U.S. News & World Report and Best Lawyers in 2023 “Best Law Firms” Rankings

    Point Taken: The UK Supreme Court Finally Confirms the General Law of Liquidated Damages (LDs)

    Contract And IP Implications Of Design Professionals Monetizing Non-Fungible Tokens Comprising Digital Construction Designs

    Builders Support Most of Bipartisan Housing Reform Bill in Congress

    Think Twice About Depreciating Repair Costs in Our State, says the Tennessee Supreme Court

    Traub Lieberman Attorneys Lisa Rolle and Christopher Acosta Win Motion to Dismiss in Bronx County Trip and Fall

    Illinois Supreme Court Rules Labor Costs Not Depreciated to Determine Actual Cash Value

    A Court-Side Seat: Recent Legal Developments at Supreme and Federal Appeals Courts

    Drought Dogs Developers in California's Soaring Housing Market

    The California Privacy Rights Act Passed – Now What?

    Best Lawyers® Recognizes 38 White and Williams Lawyers

    Termination of Construction Contracts

    LAX Construction Defect Suit May Run into Statute of Limitations

    The Riskiest Housing Markets in the U.S.

    A New Tariffs Twist: Aggressive Enforcement of False Claims Act Violations Could Potentially Trip Up Construction Companies
    n itemprop="name">Partners Jeremy S. Macklin and Mark F. Wolfe Secure Seventh Circuit Win for Insurer Client in Late Notice Dispute

    New York Office Secures Victory in Trip & Fall Case After Bronx Supreme Court Grants Motion for Reargument

    California Precludes Surety from Asserting Pay-When-Paid Provision as Defense to Payment Bond Claim

    Will the AI Frenzy Continue in 2025?

    How to Defend Stucco Allegations

    Fence Attached to Building Covered Under Dwelling Provisions

    Repairs Could Destroy Evidence in Construction Defect Suit

    Developer Pre-Conditions in CC&Rs Limiting Ability of HOA to Make Construction Defect Claims, Found Unenforceable

    First Trump Agenda Nuggets Hit Construction

    Caterpillar Said to Be Focus of Senate Overseas Tax Probe