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    San Diego, 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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    Commercial and Residential Contractors License Required.

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    Building Industry Association of San Diego
    Local # 0556
    9201 Spectrum Center Blvd Ste 110
    San Diego, CA 92123

    San Diego California Construction Expert Witness 10/ 10

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

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    Local # 0532
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    Irvine, CA 92614

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    Local # 0532
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    Riverside, CA 92501
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    Construction Expert Witness News and Information
    For San Diego California

    Missouri Legislature Passes Bill to Drastically Change Missouri’s “Consent Judgment” Statute

    Nevada’s Construction Defect Law

    Do You Really Want Mandatory Arbitration in Your Construction Contract?

    No Hiring Surge by Homebuilders Says Industry Group

    What California’s COVID-19 Reopening Means for the Construction Industry

    Construction Law Job Opps and How to Create Them

    Signed, Sealed and (Almost) Delivered: EU Council Authorizes Signing of U.S. – EU Bilateral Insurance Agreement

    New Jersey Judge Declared Arbitrator had no Duty to Disclose Past Contact with Lawyer

    Falling Crime Rates Make Dangerous Neighborhoods Safe for Bidding Wars

    “Professional Best Efforts” part 2– Reservation of Rights for Engineers who agree to “best” efforts? (law note)

    Michigan Lawmakers Pass $4.7B Infrastructure Spending Bill

    Construction Law: Unexpected, Fascinating, Bizarre

    This Is the Most Remote and Magical Hotel on Earth

    Haight has been named a Metropolitan Los Angeles Tier 1 “Best Law Firm” in four practice areas and Tier 2 in one practice area by U.S. News – Best Lawyers® “Best Law Firms” in 2020

    Mortgage Firms Face Foreclosure Ban Until 2022 Under CFPB Plan

    Insurer's Daubert Challenge to Insured's Expert Partially Successful

    The Prompt Payment Rollercoaster

    DoD Will Require New Cybersecurity Standards in 2020: Could Other Agencies Be Next?

    What if the "Your Work" Exclusion is Inapplicable? ISO Classification and Construction Defect Claims.

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    California Supreme Court Upholds Precondemnation Procedures

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    Alaska Civil Engineers Give the State's Infrastructure a "C-" Grade

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    The 2021 Top 50 Construction Law Firms™

    Wait! Don’t Sign Yet: Reviewing Contract Protections During the COVID Pandemic

    Insurer's Withheld Discovery Must be Produced in Bad Faith Case

    Washington Supreme Court Upholds King County Ordinance Requiring Utility Providers to Pay for Access to County’s Right-of-Way and Signals Approval for Other Counties to Follow Suit

    Witt Named to 2017 Super Lawyers

    Perovskite: The Super Solar Cells

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    U.S., Canada, Mexico Set New Joint Clean-Energy Goal

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    Condominium Association Wins $5 Million Judgment against Developer

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    Texas Central Wins Authority to Take Land for High-Speed Rail System

    Colorado’s Federal District Court Finds Carriers Have Joint and Several Defense Duties

    Terminating Notice of Commencement Without Contractor’s Final Payment Affidavit

    Lawyer Claims HOA Scam Mastermind Bribed Politicians

    Montrose III: Appeals Court Rejects “Elective Vertical Stacking,” but Declines to Find “Universal Horizontal Exhaustion” Absent Proof of Policy Wordings

    Engineer and CNA Dispute Claim Over Dual 2014 Bridge Failures

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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. Drawing 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.

    Construction Expert Witness News & Info
    San Diego, California

    Feds Outline Workforce Rules for $39B in Chip Plant Funding

    April 10, 2023 —
    Semiconductor chip producers must pay their construction workforce prevailing wages and will be “strongly encouraged” to use project labor agreements if they want a piece of the $39 billion available in federal funding to support fabrication plant construction, expansion or modernization projects, U.S. Commerce Secretary Gina Raimondo says. Reprinted courtesy of James Leggate, Engineering News-Record Mr. Leggate may be contacted at Read the full story...

    Real Estate & Construction News Roundup (05/10/23) – Wobbling Real Estate, Booming (and Busting) Construction, and Eye-Watering Insurance Premiums

    May 22, 2023 —
    In our latest roundup, the commercial real estate sector continues to wobble, construction booms and busts, flood insurance premiums reach eye-watering levels, and more.
    • In its latest Financial Stability report, the Federal Reserve acknowledges that the shaky commercial real estate sector could potentially harm the U.S. financial system. (Courtenay Brown, Axios)
    • New data from the California Department of Finance shows that even though the state’s population significantly decreased during the COVID-19 pandemic, home building soared, reaching levels not seen since 2008. (Terry Castleman, Los Angeles Times)
    • Already weakened by rising interest rates, inflation and debt, Sweden’s real estate sector took another hit as SBB’s shares continued to slump. (Reuters)
    Read the full story...
    Reprinted courtesy of Pillsbury's Construction & Real Estate Law Team

    Seattle’s Newest Residential Developer

    March 13, 2023 —
    On February 14, 2023, Seattle voters passed Initiative 135, creating the “Seattle Social Housing Developer” (“Public Developer” or “PD”) and the initiative was signed into law by Mayor Bruce Harrel on March 1, 2023.[1] With this initiative, voters created Seattle’s newest housing developer. The PD aims to develop, own, and maintain housing in the City of Seattle.[2] In addition, the PD also intends to retrofit acquired properties to increase energy efficiency and bring them into compliance with accessibility standards.[3] Contractors, subcontractors, and suppliers may see this as an opportunity to compete for and build everything from new multi-unit housing to handrail installation projects. This post will explore some of the basics of contracting with a public corporation like the Public Developer and what contractors may want to consider in their business planning. What is the PD? The Public Developer is a political subdivision of the State of Washington, like a port or fire district.[4] The Public Developer is not an agency or department of the City of Seattle. In this way, it is like Seattle Public Schools (SPS) because both SPS and the PD operate within the City of Seattle, but have (or will have) their own staff, procurement rules, and standard contracts distinct from the City’s. Like SPS, the PD can also enter construction and supply contracts, sue, and be sued. Read the full story...
    Reprinted courtesy of Michael J. Yelle, Ahlers Cressman & Sleight

    Policy Language Matters: New Jersey Court Bars Cleanup Coverage Under Broad Policy Terms

    May 15, 2023 —
    The New Jersey Appellate Division in Handy & Harman v. Beazley USA Services, Inc., provided clarity regarding the interpretation of the Prior or Pending Litigation Exclusion in a site-specific environmental liability insurance policy. In Handy & Harman, the Appellate Division affirmed the trial court’s determination that the insurer was not required to defend or indemnify its policyholder, a metal etching company. The court held that the Prior or Pending Litigation Exclusion (which applied to prior litigation and prior claims) barred coverage for natural resource damages sought in the current litigation because (1) an Administrative Consent Order (“ACO”) is a claim; and (2) the underlying lawsuit was based on the same environmental contamination as addressed in the ACO.1 Read the full story...
    Reprinted courtesy of Stacy M. Manobianca, Saxe Doernberger & Vita, P.C.
    Ms. Manobianca may be contacted at

    Unpredictable Opinion Regarding Construction Lien (Reinstatement??)

    January 17, 2023 —
    Here comes the discussion of an appeal I was intimately involved in dealing with a construction lien. See Suntech Plumbing and Mechanical Corp. v. Bella Isla, LLC, 2022 WL 14672765 (Fla. 3d DCA 2022). Unfortunately, it was a losing result on my end but not a losing result to the issue at-hand. You should ask what in the world does this mean. I will tell you. Here is the fact pattern. A subcontractor files a construction lien foreclosure lawsuit against an owner for unpaid contract balance. In the same lawsuit, the subcontractor sues the general contractor for breach of contract and unjust enrichment associated with an approximate three-year delay on a construction project. The project was scheduled to be completed in 2019. It was not. The project was pushed into COVID and into 2022. (The subcontractor did not sue the general contractor for amounts subject to the lien foreclosure claim.) The general contractor, assuming the defense of the owner, moved to stay the lawsuit pending the outcome of arbitration based on an arbitration provision in the subcontract. The subcontractor did not dispute the arbitration provision, but argued that arbitration provision should not extend to the owner that was (a) not bound by the subcontract, (b) would not be a party to the arbitration, and (c) the amounts pled against the general contractor did not include the amounts subject of the lien foreclosure lawsuit. At a minimum, the lawsuit should be stayed, not dismissed. Nevertheless, the trial court dismissed the entire lawsuit in an order that states that it is a final order with language that the lien may be “reinstated” after the outcome of the arbitration (that the owner is not a party to). Read the full story...
    Reprinted courtesy of David Adelstein, Kirwin Norris, P.A.
    Mr. Adelstein may be contacted at

    Florida Insurance Legislation Alert - Part I

    April 18, 2023 —
    On March 24, 2023, Florida Governor Ron DeSantis signed into law House Bill 837 which significantly impacts several critical aspects of modern Florida civil litigation, particularly insurance disputes. SDV has actively monitored the evolution of this legislation, including substantial commentary from the legal and insurance communities that followed its enactment. In this multi-part series, we will explore the critical developments impacting policyholders and what to expect moving forward. The insurance-related headlines overwhelmingly concentrate on one key area: the elimination of one-way attorney fee recovery for property insurance policyholders. This development represents a key change in longstanding Florida insurance law and is worthy of attention - but it doesn’t tell the whole story. Reprinted courtesy of Gregory D. Podolak, Saxe Doernberger & Vita, P.C. and Holly A. Rice, Saxe Doernberger & Vita, P.C. Mr. Podolak may be contacted at Ms. Rice may be contacted at Read the full story...

    Lawmakers Strike Deal on New $38B WRDA

    January 09, 2023 —
    Key Senate and House leaders have reached a bipartisan agreement on a new Water Resources Development Act (WRDA) that would authorize more than $37 billion in federal funds for 25 new and five modified Army Corps of Engineers flood and hurricane protection, harbor dredging and other civil works projects across the U.S. Reprinted courtesy of Tom Ichniowski, Engineering News-Record Mr. Ichniowski may be contacted at Read the full story...

    Supreme Court Holds That Prevailing Wage Statute is Constitutional

    November 28, 2022 —
    The Supreme Court recently held[1] that Senate Bill 5493 (“SSB 5493”), which alters the method for how the Washington State Department of Labor and Industries’ industrial statistician sets the prevailing wages for employees on public works projects, is constitutional. Prior to the enactment of SSB 5493, the industrial statistician set prevailing wages for each trade on a county-by-county basis based on either the majority or average wage rate in that specific county. Following SSB 5493’s enactment, the industrial statistician would be required to adopt the prevailing wage rate for a county solely based on collective bargaining agreements (CBAs) for that trade. If a trade has more than one CBA in a county, the highest wage rate will prevail. SSB 5493 has negative impacts on employers because it creates the potential for wage rates to be set based on CBAs that represent the minority of hours worked in a county. The International Union of Operating Engineers, Local 302, provides an example of this. AGC began negotiations with an operators’ union for a master labor agreement, which would cover almost all operating engineers in 16 Washington State counties. When they could not reach an agreement, Local 302 called a strike against the employers. After one week of the strike, Local 302 approached small employers and negotiated a side agreement. Some of these employers were also card-carrying members of Local 302. A few weeks later, AGC ratified a new agreement with Local 302 that included lower wages than the side agreements. Because the rates in the side agreement were higher, those wage rates became the prevailing wage in 16 counties even though they represented a minority of the hours worked. Read the full story...
    Reprinted courtesy of Cassidy Ingram, Ahlers Cressman & Sleight
    Ms. Ingram may be contacted at