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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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    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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    Roofing Expert Witness News and Information
    For Anaheim California


    Second Circuit Brings Clarity To Scope of “Joint Employer” Theory in Discrimination Cases

    Settlement Conference May Not Be the End in Construction Defect Case

    NY Court Holds Excess Liability Coverage Could Never be Triggered Where Employers’ Liability Policy Provided Unlimited Insurance Coverage

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    Mind Those Deadlines! Party Loses Appeal of Arbitration Decision by Failing to Timely File a Petition to Vacate

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    ANAHEIM CALIFORNIA ROOFING EXPERT WITNESS
    DIRECTORY AND CAPABILITIES

    The Anaheim, California Roofing Expert Witness Group is comprised from a number of credentialed construction professionals possessing extensive trial support experience relevant to construction defect and claims matters. Leveraging from more than 25 years experience, BHA provides construction related trial support and expert services to the nation's most recognized construction litigation practitioners, Fortune 500 builders, commercial general liability carriers, owners, construction practice groups, and a variety of state and local government agencies.

    Roofing Expert Witness News & Info
    Anaheim, California

    Maury Donnelly & Parr Celebrates 150 Years of Service, Growth, and Community Impact

    May 19, 2025 —
    BALTIMORE, May 14, 2025 /PRNewswire/ -- Maury Donnelly & Parr (MDP), a leading independent insurance firm, proudly announces its 150th anniversary—a milestone that honors its enduring legacy, exceptional client service, and commitment to the communities it serves. "We're incredibly proud of this milestone and grateful to the clients and communities who have been part of our journey," said Brian Phoebus, Executive Vice President of Maury Donnelly & Parr. "From our roots in Baltimore to our rapid expansion along the East Coast, our mission has always been to deliver thoughtful, personalized insurance solutions while giving back in meaningful ways." MDP has served countless businesses and families and gives back to many nonprofit and community organizations. The firm's culture of giving back is deeply embedded in its identity, with employees regularly volunteering and supporting causes in the neighborhoods where they live and work. As part of the 150th celebration, MDP is hosting events in all of its regional markets, honoring the people and partnerships that have defined its legacy. These gatherings will spotlight the firm's enduring relationships with clients across industries such as real estate, construction, healthcare, and the nonprofit sector—reflecting MDP's long-standing commitment to helping businesses thrive. About MDP Founded in 1875 as a marine insurer to the businesses that utilized the Port of Baltimore, Maury, Donnelly & Parr, Inc. (MDP) operates today as an agent, consultant, broker, and risk manager in the insurance industry. As one of the oldest insurance firms in the Mid-Atlantic region, MDP celebrates its 150th anniversary in 2025. Through the years, our operations and services have grown, allowing our firm to provide insurance solutions to many different niche markets.

    Oklahoma Limits Claims for Construction Cases

    July 29, 2025 —
    Often times, subrogation practitioners take the “kitchen sink” approach when pursuing claims: they name all potentially liable parties under all available legal theories and whittle down from there. With construction defect cases in particular, the difficulty of identifying exactly who did what and which contractual provisions have which effect can lead to the decision to throw everything against the wall and see what sticks. However, in some cases, dealing with the ensuing motion practice from that approach just is not worth it. In Proe, et. al. v. Diamond Homes et. al., 2025 OK Civ. App. 18, the Court of Appeals of Oklahoma (Appellate Court) took a restrictive approach when analyzing the plaintiffs’ various claims. In limiting both who the plaintiffs could sue and under which theories, it reigned in the plaintiffs’ ability to cast a wide net. The plaintiffs (collectively, the Proes) originally sued the defendants based on a dispute over the construction of their residential home. In July of 2017, Diamond Homes, through Mike Emery, entered into a construction contract with the Proes to build a new home. Despite issues with the home’s foundation, the Proes moved into the home on July 5, 2018. They then began correcting the defects. Read the full story...
    Reprinted courtesy of Lian Skaf, White and Williams LLP
    Mr. Skaf may be contacted at skafl@whiteandwilliams.com

    Choose the Right Option: How Facilitative and Evaluative Approaches Can Both Have a Role in Mediation

    July 08, 2025 —
    There are various mediation styles or philosophies that parties to litigation encounter when mediating. Generally, they can be categorized as either facilitative or evaluative approaches. Some mediators feel that they should never “evaluate” a case, such as the mediator who says, “a mediator should never express a personal opinion”. A similar approach is the mediator who only carries messages or talking points from one party to another without weighing in the validity of the issues. On the other hand, I have also encountered mediators who appear to have decided prior to the actual mediation session, usually based on their review of the pre-mediation statements, how the case should be resolved. They then spend the mediation attempting to persuade both sides to accept their view of the outcome. There are also mediators that will make statements like, “if you were my mother, I would tell you to accept this offer” when getting to the final offers. These types of mediators may be overstepping an “evaluative” approach to mediation. Read the full story...
    Reprinted courtesy of Barry L. Howard, Miles Mediation & Arbitration

    Ahlers Cressman & Sleight PLLC recognized by Construction Executive in The Top 50 Construction Law Firms™ of 2025

    June 16, 2025 —
    Ahlers Cressman & Sleight PLLC is pleased to announce that it has been recognized again by Construction Executive as one of The Top 50 Construction Law Firms in its 2025 rankings. Since its first publication in 2003, Construction Executive magazine has served as the leading source for news, market developments, and business issues impacting the construction industry, and its articles are designed to help owners and top managers run more profitable and productive construction businesses. Construction Executive established the rankings by asking over 600 hundred U.S. construction law firms to complete a survey. Constructive Executive’s data collection includes: 2024 revenues from the firm’s construction practice, the number of attorneys in the firm’s construction practice, the percentage of the firm’s total revenues derived from its construction practice, the number of states in which the firm is licensed to practice, the year in which the construction practice was established, and the number of construction industry clients served during the fiscal year 2024. Read the full story...
    Reprinted courtesy of Travis Colburn, Ahlers Cressman & Sleight
    Mr. Colburn may be contacted at travis.colburn@acslawyers.com

    Shiloh and Vallejo: The DOI Tale of Two Properties

    October 20, 2025 —
    California courts have certainly been busy as of late. In particular, challenges abound as to the Department of the Interior (the DOI) and its decisions to take certain parcels of land into trust for the purpose of rendering such parcels eligible for gaming activities by certain California tribes. The DOI Shiloh Parcel Dispute The Shiloh parcel, a tract of land the DOI previously approved as land taken into trust for gaming purposes under the restored lands exception of the Indian Gaming Regulatory Act (IGRA) on behalf of the Koi Nation of Northern California (The Koi), has been the subject of considerable controversy. Reprinted courtesy of Heidi McNeil Staudenmaier, Snell & Wilmer and Caitlin Vanderkarr, Snell & Wilmer Ms. Staudenmaier may be contacted at hstaudenmaier@swlaw.com Ms. Vanderkarr may be contacted at cvanderkarr@swlaw.com Read the full story...

    The Supreme Court’s Administrative and Regulatory Law Rulings in the 2024 Term and Preview of Cases to Be Decided in Fall 2025

    October 21, 2025 —
    This post reviews the U.S. Supreme Court’s significant regulatory and administrative law decisions from the Court’s 2024 Term and previews cases on the docket for Fall 2025. While the term produced no true “blockbusters,” the Court displayed particular concern with how lower federal courts have been applying the National Environmental Policy Act (NEPA), and it clarified the already complex judicial review provisions of the Clean Air Act (CAA). At the same time, the Court declined invitations to revisit contentious issues surrounding CAA citizen suits and avoided intervening in the wave of state-law climate change litigation. Consistent with its current composition, the Court continues to take a conservative approach, closely hewing to statutory text and structure. Our review is organized in three parts: first, environmental and energy law cases; second, administrative law rulings that delineate the boundaries of the Administrative Procedure Act (APA); third, we discuss the environmental, energy and administrative law cases the Court has agreed to hear in its October 2025 Term. Reprinted courtesy of Anthony B. Cavender, Pillsbury and Jillian Marullo, Pillsbury Mr. Cavender may be contacted at anthony.cavender@pillsburylaw.com Ms. Marullo may be contacted at jillian.marullo@pillsburylaw.com Read the full story...

    Insured's Challenge to Use of Xactimate Software to Determine Repair Costs for Damage Fails

    June 02, 2025 —
    The insurer's motion for summary judgment to dismiss the insured's complaint challenging the use of Xactimate to determine the repair costs for fire damage was granted. Belotti v. State Farm Fire & Cas. Co., 2025 U.S. Dist. LEXIS 54471 (M.D. Pa. March 25, 2025). Plaintiffs' home was damaged by fire. After submitting a claim to State Farm, a claim specialist visited the site to inspect the loss. State Farm also hired a contractor, Edward Gieda, to assist with the plaintiffs' claims. Mr, Gieda sent his initial draft estimate to State Farm. Mr. Gieda's initial draft estimate and State Farm's estimate used an estimating software tool, Xactimate. State Farm selected Xactimate's "new construction" labor efficiency for the estimate. The "new construction" tool was selected because the plaintiffs' home would not be occupied during the repair work and because once demolition was completed and the wall finishes removed, the repair would would essentially be new construction. State Farm estimated the Replacement Cost Value (RCV) to be $172,015.39 and the Actual Cash Value (ACV) payment, after applying the policy's deductible, to be $130,852.61. State Farm sent a check of $130,852.61. The plaintiffs' public adjuster provided State Farm with a repair estimate he prepared with a RCV of $374,069.77. The public adjuster's estimate also used Xactimate, but with the application of the "Restoration/Service/Remodel" labor efficiency setting. Read the full story...
    Reprinted courtesy of Tred R. Eyerly, Damon Key Leong Kupchak Hastert
    Mr. Eyerly may be contacted at te@hawaiilawyer.com

    Ninth Circuit Clarifies Viability of Takings Claims Under Arizona’s Unclaimed Property Act

    November 09, 2025 —
    In a decision cementing a split with the Tenth Circuit, the Ninth Circuit recently held that property owners’ unclaimed property is not taken in violation of the Fifth Amendment where it is held in trust by the State. See Garza v. Woods, No. 24-1064, 2025 WL 2435221 (9th Cir. Aug. 25, 2025). The district court dismissed plaintiffs’ claims because sovereign immunity barred suit against the Arizona Department of Revenue (“Department”). See Garza v. Woods, No. CV-22-01310-PHX-JJT, 2023 WL 5608414 (D. Ariz. Aug. 30, 2023). The Ninth Circuit reversed this portion of the district court decision and allowed plaintiffs’ takings and due process claims because they plausibly alleged that the Department unconstitutionally seized their property under Arizona’s Unclaimed Property Law (“UPA”). Arizona’s Unclaimed Property Law Arizona’s UPA presumes that certain types of property have been abandoned if unclaimed within a statutory period. See Ariz. Rev. Stat. 44-302(A). Holders of presumably abandoned property must send a written notice to the apparent owner, provide a report to the Department, and ultimately deliver the unclaimed property to the Department. Id. 44-302(E), 44-308(A). Though the Department need not provide actual notice to apparent owners that it is in possession of their property, the UPA requires the Department to operate a website that lists the unclaimed property in its possession. See id. 44-309 (A), 44-309(B). The UPA further requires the Department to deposit all unclaimed money in the state’s general fund. Id. 44-313(A). Reprinted courtesy of Ed J. Hermes, Snell & Wilmer, Jeremy J. Stewart, Snell & Wilmer, Benjamin J. Mills, Snell & Wilmer and Emily Statham, Snell & Wilmer Mr. Hermes may be contacted at ehermes@swlaw.com Mr. Stewart may be contacted at jjstewart@swlaw.com Mr. Mills may be contacted at bemills@swlaw.com Ms. Statham may be contacted at estatham@swlaw.com Read the full story...