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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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    Construction Expert Witness News and Information
    For San Diego California

    Implied Warranty Claims–Not Just a Seller’s Risk: Builders Beware!

    Should I Pull the Pin? Contractor and Subcontractor Termination for Cause

    Caltrans Hiring of Inexperienced Chinese Builder for Bay Bridge Expansion Questioned

    Pre-Covid Construction Contracts Unworkable as Costs Surge, Webuild Says

    State And Local Bid Protests: Sunk Costs and the Meaning of a “Win”

    Toll Brothers Climbs After Builder Reports Higher Sales

    Federal Contractors Should Request Debriefings As A Matter Of Course

    California Contractor Spills Coffee on Himself by Failing to Stay Mechanics Lien Action While Pursuing Arbitration

    Differing Site Conditions: What to Expect from the Court When You Encounter the Unexpected

    New Case Alert: Oregon Supreme Court Prohibits Insurer’s Attempt to Relitigate Insured’s Liability

    The Problem With Building a New City From Scratch

    Traub Lieberman Partner Colleen Hastie and Associate Jeffrey George Successfully Oppose Plaintiff’s Motion to Vacate Dismissal

    Commercial Real Estate Brokerages in an Uncertain Russian Market

    Attorneys' Fee Clauses are Engraved Invitations to Sue

    Legal Fallout Begins Over Delayed Edmonton Bridges

    Texas Court of Appeals Conditionally Grant Petition for Writ of Mandamus to Anderson

    Texas Federal District Court Dismisses COVID-19 Claim

    New York vs. Miami: The $50 Million Penthouse Battle From Zaha Hadid

    House Committee Kills Colorado's 2015 Attainable Housing Bill

    U.K. Broadens Crackdown on Archaic Property Leasehold System

    Insurer's Appeal of Jury Verdict Rejected by Tenth Circuit

    Philadelphia Proposed Best Value Procurement Bill

    The Leaning Tower of San Francisco

    Global Insurer Agrees to Pay COVID-19 Business Interruption Claims

    Hawaii Federal Court Grants Insured's Motion for Remand

    Appraisal Ordered After Carrier Finds Loss Even if Cause Disputed

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    Maximizing Contractual Indemnity Rights: Components of an Effective Provision

    Contractor Prevails on Summary Judgment To Establish Coverage under Subcontractor's Policy

    Manhattan’s Property Boom Pushes Landlords to Sell Early

    Architect Not Responsible for Injuries to Guests

    Civil RICO Case Against Johnny Doc Is Challenging

    New Jersey Appeals Court Ruled Suits Stand Despite HOA Bypassing Bylaw

    Subcontractors Aren’t Helpless

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    Musings: Moving or Going into a New Service Area, There is More to It Than Just…

    Construction Defects Not Occurrences under Ohio Law

    Why Construction Law- An Update

    Allegations That COVID-19 Was Physically Present and Altered Property are Sufficient to Sustain COVID-19 Business Interruption Suit

    Florida’s Construction Defect Statute of Repose

    Melissa Pang Elected Vice President of APABA-PA Board of Directors

    Pulte Home Corp. v. CBR Electric, Inc.

    Apartment Construction Ominously Nears 25-Year High

    New American Home Construction Nears Completion Despite Obstacles

    Congratulations to Haight Attorneys Selected to the 2021 Southern California Super Lawyers List

    CDJ’s #2 Topic of the Year: Ewing Constr. Co., Inc. v. Amerisure Ins. Co., 2014 Tex. LEXIS 39 (Tex. Jan.17, 2014)

    Board of Directors Guidance When Addressing Emergency Circumstances Occasioned by the COVID-19 Pandemic

    William Lyon to Acquire RSI Communities

    Tariffs, Supply Snarls Spur Search for Factories Closer to U.S.

    Contractors’ Right to Sue in Washington Requires Registration
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    The San Diego, California Construction 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.

    Construction Expert Witness News & Info
    San Diego, California

    Conversations with My Younger Self: 5 Things I Wish I Knew Then

    July 24, 2023 —
    I remember the morning I became a construction law attorney. It was on my birthday several years ago when a partner called me into his office and asked me to review the A107 contract form for a large firm client. The assignment gave me a new language to speak and contract provisions that I came slowly to understand. I quickly moved into construction litigation and would soon learn that a "fragnet" was not the newest social media app but an important part of a delay claim. I read Spearin's biography and learned how to assess recoverable damages for different claims—costs to repair, replacement and betterment, increased financing/carrying costs, and the like. It took a lot of blood, sweat, and tears to get to where I am now. Echoing Rod Stewart’s sentiment—“I wish that I knew then, what I do now, when I was younger”—here are five tips I’d pass along to the younger me or anyone who is beginning their career as a construction lawyer: Read the full story...
    Reprinted courtesy of Steve Swart, Williams Mullen
    Mr. Swart may be contacted at

    Contractor Wins in Arbitration Only to Lose Before the Superior Court on Section 7031 Claim

    June 19, 2023 —
    If you’re a regularly reader of the California Construction Law Blog you’re aware of Business and Professions Code section 7031 which courts have variously described as “harsh[ ],” “draconian” and “unjust,” but, importantly, nevertheless valid. We haven’t seen many cases applying Section 7031 in an arbitration setting, however, until now. In Vascos Excavation Group LLC v. Gold, 87 Cal.App.5th 842 (2022), a contractor who prevailed on a payment claim in arbitration, had its victory snatched from its fingertips by the Superior Court which found that the arbitrator had exceeded her authority because the contractor was subject to Section 7031. Read the full story...
    Reprinted courtesy of Garret Murai, Nomos LLP
    Mr. Murai may be contacted at

    Approaching Design-Build Projects to Avoid (or Win) Disputes

    August 07, 2023 —
    Stakeholders engage in design-build projects believing the collaborative nature better aligns parties' interests and reduces overall risk exposure. Each of the lead parties bases this belief on different factors—the owner sees an opportunity to reduce change-order exposure and improve delivery times, the design-builder (or contractor) aims to control design volatility by ensuring project components match budgeted projections, and the designer intends to benefit by greater constructability review from the design-builder team and often additional time to detail designs. Rarely do design-build parties contemplate claims arising while initiating a project. This being said, design-build projects carry unique, inherent risks due to the award of often fixed-price contracts utilizing incomplete, preliminary designs. As scopes creep and costs balloon, previously harmonious parties experience discord and lurking claims. While the majority of design-build projects are completed without major dispute, there are strategies available to further avoid disputes and prevail in those that are unavoidable. Reprinted courtesy of Stuart Eisler, Construction Executive, a publication of Associated Builders and Contractors. All rights reserved. Read the full story...

    Construction Termination Part 3: When the Contractor Is Firing the Owner

    August 07, 2023 —
    Last week we discussed an Owner terminating a Contractor “for cause.” Today, it’s time for a 180: what is your role as the architect when the Contractor is quitting? First, be aware that there are valid reasons for a contractor to quit within the contract itself. Most of these have to do with either (a) time delays/stand stills or (b) failure of the Owner to make payments as required. The Contractor can suspend or terminate a contract with the Owner for cause, provided a 7 day written notice is given to Owner and Architect. See A201§14.1.3. (This can be an email notice as all AIA notice clauses now allow). Read the full story...
    Reprinted courtesy of Melissa Dewey Brumback, Ragsdale Liggett
    Ms. Brumback may be contacted at

    Circuit Court Lacks Appellate Jurisdiction Over Order Compelling Appraisal

    August 21, 2023 —
    The Eleventh Circuit determined it lacked appellate jurisdiction over an order issued by the district court compelling an appraisal. Breakwater Commons Association, Inc. v. Empire Indem. Ins. Co., 2023 U.S. App. LEXIS 14459 (11th Cir. June 9, 2023). Following Hurricane Irma, Breakwater Commons Association filed a claim with Empire Indemnity Insurance Company for property damage. Empire agreed to cover some of the damage to buildings, but a dispute arose over the amount of loss. Breakwater sought to invoke the appraisal provision in the policy. Empire refused to engage in an appraisal. Breakwater sued, and filed a motion to compel appraisal and to stay the proceedings pending the completion of the appraisal process. Read the full story...
    Reprinted courtesy of Tred R. Eyerly, Damon Key Leong Kupchak Hastert
    Mr. Eyerly may be contacted at

    Negligent Inspection Claim Against Supervising Design Professional / Consultant

    August 07, 2023 —
    Can a negligence argument be created against consulting design professionals or entities that are involved in the inspection of a trade’s work? The recent opinion in Bautech USA, Inc. v. Resolve Equipment, Inc., 2023 WL 4186395 (S.D.Fla. 2023) contains an interesting fact pattern that touches upon this issue. While the case dealt with a motion to dismiss, it contains a number of issues that may be discussed in follow-up postings. Here, a prime contractor was hired by Broward County, Florida to install offshore reef mitigation units. The contractor entered into a subcontract with a concrete fabricator to fabricate the reef mitigation units. The contractor also separately hired consultants to inspect the units. The contractor and its consultants rejected the units even after the fabricator implemented design revisions. The fabricator was then terminated and not paid for contract work plus revisions it implemented to finished units. The fabricator sued the contractor and the contractor’s consultants for non-payment under many (ten) different theories of liability claiming it was damaged to the tune of millions of dollars. Read the full story...
    Reprinted courtesy of David Adelstein, Kirwin Norris, P.A.
    Mr. Adelstein may be contacted at

    New York Preserves Subrogation Rights

    September 06, 2023 —
    The insurer’s right of subrogation is equitable in nature, even if not based in contract. However, since the insurer steps into the shoes of its insured and is limited to the rights of its insured, an integral part of the investigation process is determining what rights the insured has. Whether or not the insured can settle with the tortfeasor and that whether the settlement would also apply to the subrogated carrier is a question the Supreme Court of New York, a trial court, recently addressed. In Utica First Ins. Co. v. Homeport I LLC, et al., No. 150448/2022, 2023 N.Y. Misc. LEXIS 3087 (N.Y. Sup. Ct.), the plaintiff insurance carrier’s insured, SI Waterfront Management Inc. (SI Waterfront), owned and operated a restaurant called Wynwood at 24 Navy Pier Court in Staten Island, New York. The owner of the property was Homeport I LLC (Homeport). Significant construction work pertaining to plumbing and draining lines at the property was done by Ironstate Holdings, LLC (Ironstate), the plumbing portion of which was conducted by subcontractor Claire Construction Corp. (Claire). As a result of the construction work, on June 8, 2021, SI Waterfront allegedly sustained property damage from flooding. Read the full story...
    Reprinted courtesy of Lian Skaf, White and Williams LLP
    Mr. Skaf may be contacted at

    US Supreme Court Orders All Mountain Valley Gas Line Work to Proceed

    August 14, 2023 —
    In a ruling without explanation in response to an emergency appeal by the project developer, the U.S. Supreme Court on July 27 said work to complete the Mountain Valley gas pipeline can proceed. The decision follows an order earlier this month by the Richmond, Va., appeals court to halt restart of work on the much-litigated and delayed $6.6-billion, 303-mile natural gas pipeline in Virginia and West Virginia, after new lawsuits filed by opponent groups. Reprinted courtesy of Debra K. Rubin, Engineering News-Record Ms. Rubin may be contacted at Read the full story...