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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 of San Diego
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    San Diego, CA 92123

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    Construction Expert Witness News and Information
    For San Diego California

    Unpaid Hurricane Maria Insurance Claims, New Laws in Puerto Rico, and the Lesson for all Policyholders

    Federal Judge Refuses to Limit Coverage and Moves Forward with Policyholder’s Claims Against Insurer and Broker

    In One of the First Civil Jury Trials to Proceed Live in Los Angeles Superior Court During Covid, Aneta Freeman Successfully Prevailed on Behalf of our Client and Obtained a Directed Verdict and Non-Suit

    Mitigating the Consequences of Labor Unrest on Construction Projects

    Outcry Over Peru’s Vast Graft Probe Prompts Top Lawyer to Quit

    University of California Earthquake Report Provides List of Old Concrete Buildings in LA

    President Trump Issued Two New EOs on Energy Infrastructure and Federal Energy Policy

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

    Illinois Supreme Court Announces Time Standards for Closing Out Cases

    Congratulations to Partner John O’Meara for Being Named as One of America’s Top 100 Civil Defense Litigators for Three Consecutive Years!

    Waiver of Consequential Damages: The Most Important Provision in a Construction Contract

    Endorsement Excludes Replacement of Undamaged Property with Matching Materials

    Engineer and CNA Dispute Claim Over Dual 2014 Bridge Failures

    Berlin Lawmakers Get a New Green Workspace

    California Court of Appeal Finds Alleged Inadequate Defense by Insurer-Appointed Defense Counsel Does Not Trigger a Right to Independent Counsel

    Anti-Concurrent Causation Endorsements in CGL Insurance Policies: A Word of Caution

    I.M. Pei, Architect Who Designed Louvre Pyramid, Dies at 102

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    Residential Construction Rise Expected to Continue

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    David M. McLain to Speak at the CLM Claims College - School of Construction - Scholarships Available

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    Did You Get a Notice of Mechanic’s Lien after Project Completion? Don’t Panic!

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    Insured’s Bad Faith Insurance Claim Evaporates Before its Eyes

    More on the VCPA and Construction

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    10 Answers to Those Nagging Mechanics Lien Questions Keeping You Up at Night. Kind of
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    The San Diego, California Construction 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. Leveraging from this considerable body of experience, BHA provides construction related trial support and expert services to San Diego'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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    San Diego, California

    Department Of Labor Recovers $724K In Back Wages, Damages For 255 Workers After Phoenix Contractor Denied Overtime Pay, Falsified Records

    February 01, 2023 —
    PHOENIX – The U.S. Department of Labor has recovered $724,082 in back wages and damages for 255 employees of an electrical contractor in Phoenix who denied them overtime wages and falsified records. An investigation by the department’s Wage and Hour Division found IES Residential – a subsidiary of one of the nation’s largest electrical, HVAC and plumbing, solar and cable installation contractors – capped employees’ overtime at eight hours despite some employees working up to 60 hours in a workweek. The division also learned the employer told workers – some who arrived as early as 4:45 a.m. and worked as late as 7 p.m. to record 40 hours or less on their timesheets unless their overtime was pre-approved. When IES Residential did approve, the employer limited overtime to eight hours per week even when employees worked as many as 23 hours of overtime in a workweek. “The U.S. Department of Labor will hold employers accountable for wage theft, particularly in cases like this one, where IES Residential deliberately attempted to evade the law by instructing employees to falsify timesheets to avoid paying overtime wages,” said Wage and Hour Division District Director Eric Murray in Phoenix. “Employers who fail to pay workers their full wages may face costly consequences, including penalties for intentional acts to cover-up their violations.” In fiscal year 2022, the division recovered nearly $32.9 million in back wages for 17,127 construction industry workers. The division completed more than 2,200 investigations in FY22 in the construction industry and by wages recovered, the industry ranks second among the division’s low wage, high violation industries.

    US Proposes Energy Efficiency Standards for Federal Buildings

    January 04, 2023 —
    The U.S. government is looking to its own buildings as a source for cutting carbon emissions with a new energy and climate performance standard. Additionally, federal officials announced a proposed rule that would eliminate energy-related emissions from new and renovated federal buildings. Reprinted courtesy of James Leggate, Engineering News-Record Mr. Leggate may be contacted at Read the full story...

    Inspired by Filipino Design, an Apartment Building Looks Homeward

    May 22, 2023 —
    Austerity and efficiency aren’t the first words that come to mind when you see the angled sawtooth bays of Tahanan Supportive Housing, or catch a glimpse of a rainbow through its lobby. But the dramatic exterior and joyful interior of this San Francisco building are both products of their constraints. When David Baker Architects was approached to design the six-story development, the goal was aggressive: Produce 145 units of permanent supportive housing at under $400,000 a unit, and have the operation up and running in less than three years. The firm accepted the challenge, and by 2022, Tanahan was fully leased to residents, all of whom are San Franciscans who have struggled with chronic homelessness. In a city where affordable units typically cost $600,000 to $700,000 each to construct, keeping in budget and meeting the deadline meant turning to the modular building company Factory OS. It also meant keeping variation at a minimum. The studios are identical, like Lego blocks; instead of being mirrored across a hallway, they’re just rotated 180 degrees. But nothing else about the building feels utilitarian. Read the full story...
    Reprinted courtesy of Sarah Holder, Bloomberg

    One More Mechanic’s Lien Number- the Number 30

    March 06, 2023 —
    I’ve spoken here often about the numbers 90 and 150 as they relate to Virginia mechanic’s liens. These numbers are important for all mechanic’s liens in Virginia, whether commercial or residential (meaning liens for 1 and 2-family homes). There is another number, 30, that is important for those construction contractors that perform work on single and two-family homes. Where a mechanic’s lien agent is named on the building permit (or possibly just named if not stated on the permit), and among other requirements, Va. Code 43-4.01 requires that, in order to have lien rights at the project, the contractor must provide notice to the mechanic’s lien agent within 30 days of beginning work that it is performing work and shall seek payment for the work. Further, the mechanic’s lien agent notice must contain the following:
    (i) the name, mailing address, and telephone number of the person sending such notice, (ii) the person’s license or certificate number issued by the Board for Contractors pursuant to Chapter 11 (§ 54.1-1100 et seq.) of Title 54.1, if any, and the date such license or certificate was issued and the date such license or certificate expires, (iii) the building permit number on the building permit, (iv) a description of the property as shown on the building permit, and (v) a statement that the person filing such notice seeks payment for labor performed or material furnished.
    Read the full story...
    Reprinted courtesy of The Law Office of Christopher G. Hill
    Mr. Hill may be contacted at

    Traub Lieberman Attorneys Recognized as 2023 Illinois Super Lawyers® and Rising Stars

    February 01, 2023 —
    Traub Lieberman is pleased to announce that two Partners from the Chicago, IL office have been selected to the 2023 Illinois Super Lawyers list. In addition, two Partners have been named to the 2023 Super Lawyers Rising Stars list. 2023 Illinois Super Lawyers
    • Brian Bassett – Insurance Coverage
    • Dana Rice – Insurance Coverage
    2023 Super Lawyers Rising Stars
    • Jessica Kull – Civil Litigation: Defense
    • Jeremy Macklin – Insurance Coverage
    Read the full story...
    Reprinted courtesy of Traub Lieberman

    Managing Once-in-a-Generation Construction Problems – Part II

    April 03, 2023 —
    Part I of this series discussed the benefits of construction participants using alternative project delivery methods and properly addressing change order issues, rising costs and payment structure issues to manage construction during these uncertain times. Part II below explores the possibility that higher prices and steady consumer demand could lead to an increase in unscrupulous contractor practices—and how owners can mitigate that risk, managing the challenges posed by the unforeseen labor shortage and turnover in the industry and evolving your construction team for short-term and long-term success. Higher Prices and Steady Demand With the demand for construction projects relatively stable, contractors remaining in high demand and a surge in prices for construction materials and components, owners are under great pressure to accept less favorable construction terms. This has presented unscrupulous contractors with perceived leverage over owners and new opportunities to engage in questionable business practices and fraud. Although some contractors may seek to stretch the boundaries of a construction contract, other contractors are more deliberate. Falsifying payment applications and invoices to inflate labor or materials costs, billing for work not yet performed or materials not yet delivered to the project site and manipulating change orders are examples of illicit and fraudulent practices by contractors. Reprinted courtesy of Jeffrey S. Wertman, Construction Executive, a publication of Associated Builders and Contractors. All rights reserved. Read the full story...

    FirstEnergy Fined $3.9M in Scandal Involving Nuke Plants

    February 06, 2023 —
    Having admitted to participating in the largest energy-involved bribery scandal in Ohio history, provider FirstEnergy Corp., based in Akron, has agreed to pay a $3.9-million fine for withholding lobbying and accounting information from the Federal Energy Regulatory Commission’s enforcement office. Reprinted courtesy of Annemarie Mannion, Engineering News-Record Ms. Mannion may be contacted at Read the full story...

    Electronic Signatures On Contracts: Are They Truly Compliant?

    April 10, 2023 —
    Electronic Signatures On Contracts: Are They Truly Compliant As companies move to work-from-home situations in the wake of the COVID-19 pandemic, the issue of whether electronic signatures are legally recognized becomes more relevant. For many platforms, an electronic signature merely requires logging in, clicking a button, or typing your name. This process, which replaces the mighty pen and quill, is so effortless that oftentimes an electronic signature may feel like it does not carry the same weight as a handwritten signature. Thus, the question that we should be asking ourselves is whether the law recognizes this type of signature as being valid? Additionally, if electronic signatures are, indeed, valid, are there exceptions on whether they can be used? Difference Between “Electronic” And “Digital” Signatures Before delving into this issue, an understanding of some related terms may be helpful. In basic terms, an electronic signature (or “e-signature”) is any signature created or captured through a computer or other electronic device. Electronic signatures can include touch-sensitive screens where you use your finger or a stylus to sign your name as you would on a paper document. Electronic signatures can also include forms where you merely type in your name and perhaps other identifying information, then check a box stating that you intend to sign the document. They cover the full range of technologies and solutions to create signatures electronically such as:
    • Clicking “I Agree” on a website;
    • Signing with your finger on a mobile device;
    • Typing your name or PIN into an online form; or
    • Using e-signature software
    Read the full story...
    Reprinted courtesy of Rebecca S. Glos, Watt, Tieder, Hoffar, & Fitzgerald, LLP (ConsensusDocs)
    Ms. Glos may be contacted at