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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:

    Construction Expert Witness Contractors Licensing
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    Commercial and Residential Contractors License Required.

    Construction Expert Witness Contractors Building Industry
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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

    San Diego California Construction Expert Witness 10/ 10

    Building Industry Association Southern California - Orange County Chapter
    Local # 0532
    17744 Skypark Cir Ste 170
    Irvine, CA 92614

    San Diego California Construction Expert Witness 10/ 10

    Building Industry Association Southern California - Desert Chapter
    Local # 0532
    77570 Springfield Ln Ste E
    Palm Desert, CA 92211

    San Diego California Construction Expert Witness 10/ 10

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

    Building Industry Association Southern California - Baldy View Chapter
    Local # 0532
    8711 Monroe Ct Ste B
    Rancho Cucamonga, CA 91730

    San Diego California Construction Expert Witness 10/ 10

    Building Industry Association Southern California - LA/Ventura Chapter
    Local # 0532
    28460 Ave Stanford Ste 240
    Santa Clarita, CA 91355
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    Construction Expert Witness News and Information
    For San Diego California

    Wall Enclosing Georgia Neighborhood Built for Walking Dead TV Show

    Taking the Stairs to Human Wellness and Greener Buildings

    Five Keys to Driving Digital Transformation in Engineering and Construction

    Residential Construction: Shrinking Now, Growing Later?

    Testimony from Insureds' Expert Limited By Motion In Limine

    Insureds' Summary Judgment Motion on Mold Limitation Denied

    In a Win for Design Professionals, California Court of Appeals Holds That Relation-Back Doctrine Does Not Apply to Certificate of Merit Law

    Another Defect Found on the Bay Bridge: Water Leakage

    UConn’s Law-School Library Construction Case Settled for Millions

    10 Answers to Those Nagging Mechanics Lien Questions Keeping You Up at Night. Kind of

    Social Distancing and the Impact on Service of Process Amid the COVID-19 Pandemic

    Will European Insurers’ Positive Response to COVID-19 Claims Influence US Insurers?

    Houston Bond Issue Jump-Starts 237 Flood Control Projects

    Recent Federal Court Decision Favors Class Action Defendants

    Expert Excluded After Never Viewing Damaged Property

    So a Lawsuit Is on the Horizon…

    Montana Federal Court Holds that an Interior Department’s Federal Advisory Committee Was Improperly Reestablished

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    Bel Air Mansion Construction Draws Community Backlash

    AIA Releases Decennial 2017 Updates to its Contracts Suites

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    NY Appeals Court Ruled Builders not Responsible in Terrorism Cases

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    Blackstone Suffers Court Setback in Irish Real Estate Drama

    Colorado Senate Revives Construction Defects Reform Bill

    And the Winner Is . . . The Right to Repair Act!

    Zombie Foreclosures Plaguing Various Cities in the U.S.

    City in Ohio Sues Over Alleged Roof Defects

    No Coverage Based Upon Your Prior Work Exclusion

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    Homebuilders Call for Housing Tax Incentives

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    President Obama Vetoes Keystone Pipeline Bill

    Insured's Motion for Reconsideration on Protecting the Integrity of Referral Sources under Florida Statute s. 542.335

    Blurred Lines: New York Supreme Court Clarifies Scope of Privileged Documents in Connection with Pre-Denial Communications Prepared by Insurer's Coverage Counsel

    The United States Court of Appeals, Fourth Circuit, Finds Wrap-Up Exclusion Does Not Bar Coverage of Additional Insureds

    California Precludes Surety from Asserting Pay-When-Paid Provision as Defense to Payment Bond Claim

    California Supreme Court Declares that Exclusionary Rule for Failing to Comply with Expert Witness Disclosures Applies at the Summary Judgment Stage

    Framework, Tallest Mass Timber Project in the U.S., Is On Hold

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    Builder and County Tussle over Unfinished Homes

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    Corporate Profile


    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.

    Construction Expert Witness News & Info
    San Diego, California

    FDOT Races to Re-Open Storm-Damaged Pensacola Bridge

    April 12, 2021 —
    Buffeted by hurricanes, northwest Florida’s largest-ever infrastructure effort is finally seeing the light at the end of the storm. The three-mile-long bridge across Pensacola Bay is expected to reopen to traffic this spring after an ongoing replacement effort abruptly became an emergency repair job as well. Reprinted courtesy of Jim Parsons, Engineering News-Record ENR may be contacted at Read the full story... Read the court decision
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    Reprinted courtesy of

    Georgia State and Local Governments Receive Expanded Authority for Conservation Projects

    May 31, 2021 —
    In the 2020-2021 session, the Georgia General Assembly amended existing laws to expand state and local governments’ authority to enter conservation projects. In connection with these projects, the contractor guarantees that cost savings or revenue increases will cover any payments for the project. Read more about conservation projects, including Guaranteed Energy Savings Performance Contracts With regard to school systems, conservation projects had previously included facility alterations designed to reduce energy or water consumption or operation costs. But the new law expands the permitted projects to include equipment purchases used in new construction or building retrofit, addition, or renovation. It also adds training programs incidental to the contract. Read the court decision
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    Reprinted courtesy of David R. Cook Jr., Autry, Hall & Cook, LLP
    Mr. Cook may be contacted at

    Bert Hummel Appointed to Chief Justice’s Commission on Professionalism

    May 10, 2021 —
    Atlanta Partner Bert Hummel was recently appointed to the Chief Justice’s Commission on Professionalism (CJCP) for the 2020-2021 term. In this role, Mr. Hummel has assisted in carrying out the charge of the CJCP, namely, to enhance professionalism among Georgia’s lawyers. Mr. Hummel’s appointment follows his participation on the Grants Committee and the Professionalism Committee of the CJCP. In addition, Mr. Hummel was selected as one of seven members of CJCP’s Benham Awards Subcommittee, which recognizes Georgia attorneys who dedicate their practice or time to serving the public and profession. “I am honored to be appointed to a body that continually strives to do so much good for both the legal profession and the community at large. For the past several months, I have appreciated the work the Commission has undertaken to promote professionalism in the practice of law through educational programming while also promoting community service programs through the CJCP’s Grants Committee that I served on as well. I look forward to continuing to serve with my colleagues at the CJCP to promote our shared goals. I also relish the opportunity to serve during a time in which professionalism is of the utmost importance as we navigate through the COVID-19 pandemic made even more unique and special by the fact this is the last year Chief Justice Melton will serve as chair after announcing his retirement from the Supreme Court effective at the end of the Bar year.” Read the court decision
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    Reprinted courtesy of Bert Hummel, Lewis Brisbois
    Mr. Hummel may be contacted at

    Contractors Set to Implement Air Quality Upgrades for Healthier Buildings

    April 12, 2021 —
    As people spend more time in offices, stores and other buildings, and colder weather forces many outdoor activities to be held indoors during the COVID-19 pandemic, construction contractors are increasingly being asked by building owners and operators to provide various mitigation strategies to improve indoor air quality to help occupants avoid being exposed to lingering airborne viral particles. Lowering the concentration of SARS-CoV-2 and other pathogens in enclosed public spaces is of the utmost importance nowadays given that Americans, on average, spend nearly 90% of their time indoors, according to the EPA. It’s fairly common knowledge that the best way to avoid infection is to follow guidelines issued by the Centers for Disease Control and Prevention that include:
    • wearing masks or other face coverings;
    • frequent hand-washing;
    • physical distancing of at least six feet; and
    • deep-cleaning procedures.
    Reprinted courtesy of Nate Echtenkamp, Construction Executive, a publication of Associated Builders and Contractors. All rights reserved. Read the court decision
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    Reprinted courtesy of

    Force Majeure Under the Coronavirus (COVID-19) Pandemic

    March 29, 2021 —
    As COVID-19 disrupts work and life as we know it, the question many contractors have is what protections are available against the inevitable project impacts and delays? Generally, construction contracts require a contractor to timely perform work until project completion or potentially face damages (liquidated or actual) and possible termination. When events occur, however, that are beyond our control (such as a national pandemic), it is important to review and understand what contract provisions or avenues are available for potential relief.
    1. Review Your Contract For A Force Majeure Provision.
    2. A “force majeure” contract provision is commonly included in construction contracts, service agreements, purchase orders, etc. It typically covers events or conditions that can be neither anticipated nor controlled. These provisions, however, will vary greatly from contract to contract and may not include the language “force majeure” but rather may be included in general delay or impact clauses. For example, some common provisions include:
      • Washington State Department of Transportation Clause (2018 Standard Specifications for Road, Bridge and Municipal Construction): The Contractor shall rebuild, repair, restore, and make good all damages to any portion of the permanent or temporary Work occurring before the Physical Completion Date and shall bear all the expense to do so, except damage to the permanent Work caused by: (a) acts of God, such as earthquake, floods, or other cataclysmic phenomenon of nature, or (b) acts of the public enemy or of governmental authorities; or (c) slides in cases where Section 2-03.3(11) is applicable; Provided, however, that these exceptions shall not apply should damages result from the Contractor’s failure to take reasonable precautions or to exercise sound engineering and construction practices in conducting the Work.
    Read the court decision
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    Reprinted courtesy of Lindsay T. Watkins, Ahlers Cressman & Sleight PLLC
    Ms. Watkins may be contacted at

    Suzanne Pollack Elected to Lawyers Club of San Diego 2021 Board of Directors

    May 03, 2021 —
    San Diego Associate Suzanne Pollack was recently elected to the 2021 Lawyers Club of San Diego Board of Directors for a three-year term that will begin on July 1, 2021. Founded in 1972, the mission of Lawyers Club - San Diego’s largest specialty bar association - is to advance the status of women in the law and society. “I am honored to be joining Lawyers Club’s Board of Directors, particularly after this last year, during which we saw the dramatic impact that the pandemic had upon women in the workforce," said Ms. Pollack. "Promoting equality, diversity, and advocacy has never been more important, and I look forward to working with the Board to further these goals.” Read the court decision
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    Reprinted courtesy of Suzanne Pollack, Lewis Brisbois
    Ms. Pollack may be contacted at

    Lauren Motola-Davis Honored By Providence Business News as a 2021 Leader & Achiever

    August 04, 2021 —
    Providence Managing Partner Lauren Motola-Davis was recently named a 2021 Leader & Achiever by Providence Business News (PBN). Ms. Motola-Davis, along with 21 other honorees, will be recognized during an in-person ceremony on August 26 at 5:30 p.m. ET at the Aldrich Mansion in Warwick, Rhode Island. The Leaders & Achievers Award Program recognizes individuals for their notable success and strong leadership both in their fields and to the region. Honorees were chosen based on their long-standing commitment to the business community as well as a sustained demonstration of leading others, community service, and mentoring. Read the court decision
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    Reprinted courtesy of Lauren Motola-Davis, Lewis Brisbois
    Ms. Motola-Davis may be contacted at

    Surviving the Construction Law Backlog: Nontraditional Approaches to Resolution

    June 07, 2021 —
    Across the construction industry, COVID-19’s impact has caused a range of problems for contractors and projects—prolonged or intermittent work shutdowns, supply chain delays, pricing increases on materials and funding shortfalls. It has also led to court closures. The legal backlog for claims and disputes means that owners and contractors are facing the option of waiting until the courts are functioning the way they were previously or utilizing alternative approaches to resolution to keep projects and businesses running. Though courts across the country reopened to some extent in the latter half of 2020, many state and federal facilities were shut down or working with a limited capability for weeks or months. The closures not only froze the progress of numerous disputes already underway, but caused new schedule, cost and COVID-19-related claims to also be held up in the same backlog that is slowly being addressed under current restricted operations. New safety measures to reduce viral transmission, including reduced usage of courtrooms, restrictions on personnel and increased cleaning and sanitizing measures, have limited the number of cases courts can handle on a daily basis and lengthened legal timelines in ways many parties had not anticipated and cannot afford. Reprinted courtesy of Jeffrey Kozek, Construction Executive, a publication of Associated Builders and Contractors. All rights reserved. Read the court decision
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    Reprinted courtesy of