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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

    Anaheim California Roofing Expert Witness 10/ 10

    Building Industry Association Southern California - Riverside County Chapter
    Local # 0532
    3891 11th St Ste 312
    Riverside, CA 92501
    Anaheim California Roofing Expert Witness 10/ 10

    Building Industry Association Southern California - Riverside County Chapter
    Local # 0532
    3891 11th St Ste 312
    Riverside, CA 92501
    Anaheim California Roofing Expert Witness 10/ 10

    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
    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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    Anaheim, California

    NYC Billionaires’ Row Tower Could Need $160M Fix Amid Cracking

    December 02, 2025 —
    A cracking and crumbling New York City tower could leave the building “uninhabitable,” according to engineers who estimate that a $160 million renovation might be needed to fix 432 Park Avenue's striking white concrete facade. Read the full story...
    Reprinted courtesy of Emell D. Adolphus, Engineering News-Record
    Mr. Adolphus may be contacted at adolphuse@enr.com

    SDV Celebrates 30th Anniversary Press Release

    April 08, 2026 —
    Trumbull, Connecticut – Saxe Doernberger & Vita, P.C. (SDV) is proud to announce the celebration of its 30th anniversary. Founded in 1996 by three attorneys in a small New Haven, Connecticut office, SDV was built on a clear and focused mission: representing policyholders in insurance coverage matters. Three decades later, that commitment remains at the core of the firm’s identity and has been instrumental in its continued success and reputation nationwide. Today, SDV is a nationally recognized boutique firm with 50 attorneys serving policyholders across the United States. Building on its longstanding reputation for excellence and client advocacy, the firm is pleased to announce the opening of its newest office in Massachusetts—an exciting milestone that reflects SDV’s continued growth. The new office is led by Managing Partner Anna Perry. Read the full story...
    Reprinted courtesy of Saxe Doernberger & Vita, P.C.

    Reminder: FOLLOW Your Well Drafted Contract Provisions

    February 17, 2026 —
    I have early and very often stated that your contract is the basis for everything relating to your construction project. Everything from “no damages for delay” clauses to attorney fees to indemnity are found in those documents. A well drafted construction contract sets the expectations for the project clearly and, aside from just making it easier on everyone for a successful project, will ease things should there be any dispute later. However, all of the great drafting and pre-construction negotiation in the world won’t do you a bit of good if you don’t follow those provisions. I can’t count the number of times that a contractor or subcontractor has read and even understood the construction documents but then put the contract in the drawer and didn’t look at it again. Your experienced construction attorney, while helpful at the drafting and negotiation stages and beyond, cannot help do the work. Your lawyer can help you negotiate and highlight the notice provisions of the contract but cannot provide that notice to the Owner or General Contractor when you have a claim. In short, the best contract in the world is only as good as those that are following it. Read the full story...
    Reprinted courtesy of The Law Office of Christopher G. Hill
    Mr. Hill may be contacted at chrisghill@constructionlawva.com

    How AI Turns Construction Documents Into Procurement Intelligence

    May 05, 2026 —
    MEP equipment accounts for up to 40% of costs on data center or hospital projects, has lead times ranging from 20 weeks to over a year, and has historically been the most underserved area in construction software. In this episode, I speak with Victor Muchiri from BuildVision about what it actually takes to make AI useful in construction procurement, not as a pilot, but in production. We dig into why you cannot simply upload a set of construction drawings to ChatGPT and trust the output. Construction documents are complex, cross-referenced, and consequential. Without deep domain context, such as manufacturer ontologies, equipment taxonomies, and engineering expertise, AI produces plausible results, not reliable ones. BuildVision’s approach is to act as a harness around AI models, wrapping them in construction-specific knowledge so the output can be trusted for real procurement decisions. Read the full story...
    Reprinted courtesy of Aarni Heiskanen, AEC Business
    Mr. Heiskanen may be contacted at aec-business@aepartners.fi

    Modular Construction’s Big Boom: New Risks Outpacing Standard Contracts in Industrial Projects

    March 24, 2026 —
    Modular construction is revolutionizing the construction industry, tackling labor shortages, sustainability goals and supply-chain challenges, with the global market for modular and prefabricated construction projected to reach over $200 billion by 2030. While residential builders have embraced modular’s speed and affordability, the greatest risks—and opportunities—are emerging in the industrial sector, where project scale and complexity demand new legal strategies. In 2023, Chad Theriot explored industrial and infrastructure applications of modular construction, addressing risks like offsite fabrication and integration complexities in his article, “The Rise of Modular Construction—Impacts for Consideration.” Since that time, modular construction has continued to experience significant advancements and has been increasingly adopted by contractors across a broad spectrum of industrial and commercial projects. As modular construction continues to reshape the industrial landscape, contractors and owners alike must be mindful of the legal implications associated with its use, specifically as it relates to liability and risk allocation, regulatory compliance, quality control and upstream factors such as transportation and intellectual property concerns. Reprinted courtesy of Chad Theriot and Jack Mayo, Construction Executive, a publication of Associated Builders and Contractors. All rights reserved. Read the full story...

    Pursuing Claims for Loss Caused by Recent Kona Low Storms for Homeowners and Businesses

    May 12, 2026 —
    The recent Kona Low storms that hit all islands were devastating, causing significant property damage. Homeowners and businesses will be seeking coverage under their insurance policies to recover for their losses. Here is a brief look at what may be covered and which exclusions may be troublesome in homeowners’ and commercial property policies. Typically, both a homeowners’ policy and a commercial property policy include a grant of coverage for “direct physical loss of or damage to Covered Property.” Covered perils are listed, including such events as fire, lightning, or windstorm. Covered Property includes dwellings, other structures on the property and personal property. Additional coverages are usually provided. This includes debris removal after a peril insured against or collapse of a structure. In a homeowners’ policy, additional living expenses are likely covered when the damaged home is not fit to live in. Read the full story...
    Reprinted courtesy of Tred R. Eyerly, Damon Key Leong Kupchak Hastert
    Mr. Eyerly may be contacted at te@hawaiilawyer.com

    If You Get ‘Reported to the Board’ for Your Professional License (Law Note)

    January 21, 2026 —
    The NC Board of Architecture and the NC Board of Examiners for Engineers and Surveyors (as well as other Boards, including the NC Licensing Board for General Contractors) have grievance procedures in which anyone – client or not—can file a grievance against you. That’s the bad news. The good news is that the Boards have seen it all before, and if the grievance is someone unhappy about a bill, or using the process to harass you for unfounded reasons, they will recognize those complaints for what they are. HOWEVER, this does not mean that you should treat any grievance, no matter how unfounded, lightly. The first thing you need to do is contact your insurance broker/agent and report the matter. Often times, your insurance carrier will hire an attorney (someone like me) to defend you free of charge (at least up to a certain dollar amount). This is part of your insurance coverage, and you should take full advantage of it. Read the full story...
    Reprinted courtesy of Melissa Dewey Brumback, Ragsdale Liggett PLLC
    Ms. Brumback may be contacted at mbrumback@rl-law.com

    Massachusetts Settlement Targets Mortgage-Backed “Homeowner Benefit” Agreements

    April 08, 2026 —
    On March 11, Massachusetts Attorney General Andrea Joy Campbell announced a consent order with a real estate-related lender’s subsidiary, and affiliated individuals resolving allegations that the company violated the Massachusetts Consumer Protection Act by deceptively marketing mortgage-backed “Homeowner Benefit Agreements” to financially struggling homeowners. According to the complaint, the company offered homeowners relatively small upfront cash payments, typically less than $1,500, in exchange for a 40-year exclusive right to act as the listing broker if the homeowner later sold the property. The Attorney General alleged that the agreements also triggered substantial payment obligations upon other transfers, including death or foreclosure, and that the transactions were secured by recorded mortgages that could interfere with refinancing, home-equity access, or the ability to sell the home. The complaint further alleged that the company marketed the product to vulnerable consumers searching for loans or public benefits while obscuring the true nature of the transaction. Reprinted courtesy of A.J. S. Dhaliwal, Sheppard, "Ongoing Storm" Rules for the Northeast (Connecticut, Massachusetts, New Jersey, New York & Rhode Island)

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

    Grad Student Sues UC Santa Cruz over Mold in Residence

    Biden Administration Focus on Environmental Justice Raises Questions for Industry

    Insurer Has Duty to Defend Additional Insured in Construction Defect Case

    Denver Passed the Inclusionary Housing Ordinance

    The EPA’s Renovation, Repair, and Painting Rule: Are Contractors Aware of It?

    Insurers Dispute Sharing of Defense in Construction Defect Case

    Sales of New U.S. Homes Rose More Than Forecast to End 2014

    Architects Group Lowers U.S. Construction Forecast

    Motions to Dismiss, Limitations of Liability, and More

    Patagonia Will Start Paying for Homeowners' Solar Panels

    Expert Can be Questioned on a Construction Standard, Even if Not Relied Upon

    A Relatively Small Exception to Fraud and Contract Don’t Mix

    Do We Need Blockchain in Construction?

    OSHA/VOSH Roundup

    Michigan Court Waives Goodbye to Subrogation Claims, Except as to Gross Negligence

    Construction Contract Negotiation & Drafting: A Practical Checklist (and Where State-Specific Issues Can Surprise You)

    Leaders in Dispute Resolution Need to Make Unbiased Decisions for Mediation to Succeed

    Chinese Hunt for Trophy Properties Boosts NYC, London Prices

    Construction Goes Green in Orange County

    A Court-Side Seat: Permit Shields, Hurricane Harvey and the Decriminalization of “Incidental Taking”

    Mortgage Firms Face Foreclosure Ban Until 2022 Under CFPB Plan

    Under the Hood of U.S. Construction Spending Is Revised Data

    Quick Note: Liability Insurer’s Duty to Defend and Duty to Indemnify

    An Insurance Policy Isn’t Ambiguous Just Because You Want It to Be

    Unwrapped Pipes Lead to Flooding and Construction Defect Lawsuit

    Florida Lawmakers Fail to Reach Agreement on Condominium Safety Bill

    Builders FirstSource to Buy ProBuild for $1.63 Billion

    Homeowner Survives Motion to Dismiss Depreciation Claims

    Maybe Supervising Qualifies as Labor After All

    Claim for Consequential Damages Survives Motion to Dismiss

    OH Supreme Court Rules Against General Contractor in Construction Defect Coverage Dispute

    Construction Defects through the Years

    What You Need to Know About Notices of Completion, Cessation and Non-Responsibility

    Science-Based Standards for Wildfire Recovery: What California Policyholders Need to Know About A.B. 1642

    US Appeals Court Halts OSHA Vaccine Mandate, Unclear How Long

    What Is a Construction Defect in California?

    AB5 Construction Exemption – A Checklist to Avoid Application of AB5’s Three-Part Test

    Liquidated Damages: Too High and It’s a Penalty. Too Low and You’re Out of Luck.

    White and Williams Earns Tier 1 Rankings from U.S. News "Best Law Firms" 2021

    It’s Getting Harder and Harder to be a Concrete Supplier in California

    Does a Broker Forfeit His or Her Commission for Technical Non-Compliance with Department of Real Estate Statutory Requirements?

    Replacement of Defective Gym Construction Exceeds Original Cost

    White House Seeks $310M To Fix Critical San Diego Wastewater Plant

    Navigating Complex Preliminary Notice Requirements

    So, You Have a Judgment Against a California Contractor or Subcontractor. What Next? How Can I Enforce Payment?

    Lockton Expands Construction and Design Team

    San Diego Appellate Team Prevails in Premises Liability Appeal

    New Home Permits Surge in Wisconsin

    President Trump Nullifies “Volks Rule” Regarding Occupational Safety and Health Administration (OSHA) Recordkeeping Requirements

    Virginia Allows Condominium Association’s Insurer to Subrogate Against a Condominium Tenant

    Will Maryland Beltway Developer's Exit Doom $7.6B P3 Project?