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    Winters, 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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    Association Directory
    California Building Industry Association
    Local # 0500
    1215 K Street Ste 1200
    Sacramento, CA 95814

    Winters California Building Expert 10/ 10

    North State Building Industry Association
    Local # 0540
    1536 Eureka Rd
    Roseville, CA 95661

    Winters California Building Expert 10/ 10

    Building Industry Association of the Bay Area - Northern Division
    Local # 0538
    PO Box 7100
    Santa Rosa, CA 95407
    Winters California Building Expert 10/ 10

    Building Industry Association of the Delta
    Local # 0513
    315 N San Joaquin St Ste 2
    Stockton, CA 95202

    Winters California Building Expert 10/ 10

    Building Industry Association of the Bay Area
    Local # 0538
    101 Ygnacio Valley Rd # 210
    Walnut Creek, CA 94596

    Winters California Building Expert 10/ 10

    Building Industry Association of the Bay Area - Eastern Division
    Local # 0538
    PO Box 5160
    San Ramon, CA 94583
    Winters California Building Expert 10/ 10

    Building Industry Association of Central California
    Local # 0536
    900 H St Ste E2
    Modesto, CA 95354

    Winters California Building Expert 10/ 10

    Building Expert News and Information
    For Winters California

    Harmon Tower Construction Defects Update: Who’s To Blame?

    Meet the Hipster Real Estate Developers Building for Millennials

    Supreme Court of New Jersey Reviews Statutes of Limitation and the Discovery Rule in Construction Defect Cases

    At $350 Million, Beverly Hillbillies Mansion Is Most Expensive in U.S.

    Pennsylvania Supreme Court Reaffirms Validity of Statutory Employer Defense

    9 Positive Housing Statistics by Builder

    U.S. Homeownership Rate Falls to Lowest Since Early 1995

    Background Owner of Property Cannot Be Compelled to Arbitrate Construction Defects

    Ensuing Losses From Faulty Workmanship Must be Covered

    Serving the 558 Notice of Construction Defect Letter in Light of the Statute of Repose

    Georgia Amends Anti-Indemnity Statute

    Insurer Prohibited from Bringing Separate Contribution Action in Subrogation to Rights of Suspended Insured

    Virginia Decision Emphasizes Importance of Naming All Necessary Parties

    Property Damage, Occurrences, Delays, Offsets and Fees. California Decision is a Smorgasbord of Construction Insurance Issues

    The Real Estate Crisis in North Dakota's Man Camps

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    Quick Note: Remember to Timely Foreclose Lien Against Lien Transfer Bond

    Construction Defect Bill a Long Shot in Nevada

    Connecticut District Court to Review Proposed Class Action in Defective Concrete Suit

    Ackman Group Pays $91.5 Million for Condo at NYC’s One57

    Construction Employment Rose in 38 States from 2013 to 2014

    Significant Issues Test Applies to Fraudulent Claims to Determine Attorney’s Fees

    Texas City Pulls Plug on Fossil Fuels With Shift to Solar

    Subcontractor Entitled to Defense for Defective Work Causing Property Damage Beyond Its Scope of Work

    The "Dark Overlord" Strikes The Practice Of Law: What Law Firms Can Do To Protect Themselves

    Do We Really Want Courts Deciding if Our Construction Contracts are Fair?

    Subsequent Owners of Homes Again Have Right to Sue Builders for Construction Defects

    Finding of No Coverage Overturned Due to Lack of Actual Policy

    Gardeners in the City of the Future: An Interview with Eric Baczuk

    Manhattan Home Sales Rise at Slower Pace as Prices Jump

    With an Eye Already in the Sky, Crane Camera Goes Big Data

    Builders Can’t Rely on SB800

    Nine Firm Members Recognized as Super Lawyers or Rising Stars

    Harmon Tower Opponents to Try Mediation

    A General Contractors Guide to Bond Thresholds by State

    Is Arbitration Okay Under the Miller Act? It Is if You Don’t Object

    Transition Study a Condo Board’s First Defense against Construction Defects

    Foundation Differences Across the U.S.

    Call Me Maybe? . . . Don’t Waive Your Rights Under the Right to Repair Act’s Prelitigation Procedures

    Properly Trigger the Performance Bond

    It’s Getting Harder and Harder to be a Concrete Supplier in California

    The Sensible Resurgence of the Multigenerational Home

    Duty to Defend Affirmed in Connecticut Construction Defect Case

    Construction Defect Claim over LAX Runways

    Study Finds Mansion Tax Reduced Sales in New York and New Jersey

    Sales of New U.S. Homes Rose More Than Forecast to End 2014

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    California Fears El Nino's Dark Side Will Bring More Trouble
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    The Winters, California Building Expert Group at BHA, leverages from the experience gained through more than 5,500 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 Winters' most recognized construction litigation practitioners, commercial general liability carriers, owners, construction practice groups, as well as a variety of state and local government agencies.

    Building Expert News & Info
    Winters, California

    Yes, Indeedy. Competitive Bidding Not Required for School District Lease-Leasebacks

    October 01, 2014 —
    Remember when you discovered that the tooth fairy wasn’t real? It was kind of a bummer on one hand learning that it wasn’t a fairy that magically appeared to swap your tooth for cold hard cash, but rather your mom or, visual horrors, dad. At the same time, it was, to your nearly-halfway-to-a-decade-on-this-planet-wizened-six-year-old mind, confirmation of what you had a sneaking suspicion was the case in any event. And, so it is with the next case. Lease-Leasebacks In California, most public school construction projects are built using the traditional design-bid-build project delivery method in which a design professional designs the project, the project is put out for competitive bid and the selected contractor builds the project. But not all school construction projects are built this way. Read the court decision
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    Reprinted courtesy of Garret Murai, Kronick Moskovitz Tiedemann & Girard
    Mr. Murai may be contacted at

    Human Eye Resolution Virtual Reality for AEC

    July 02, 2018 —
    Virtual reality opens new perspectives for communication and customer involvement in construction. Sweco, Varjo, and Teatime Research are together exploring the possibilities of VR using state-of-the-art technology. “I think that the use of VR in construction is still at a visionary stage and useful practical applications are rare,” says Niina Jaatinen, Service Manager at Sweco. “When we learned about Varjo’s exceptional technology, we thought that maybe it’s now time to start developing the really useful apps customers would yearn for.” Read the court decision
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    Reprinted courtesy of Aarni Heiskanen, AEC Business
    Mr. Heiskanen may be contacted at

    Despite Construction Gains, Cement Maker Sees Loss

    May 10, 2013 —
    Vulcan Materials, the Birmingham, Alabama-based business that describes itself as the nation’s largest producer of construction aggregates and aggregate-based construction materials, has reported that its losses have increased to $54.8 million in the first quarter of 2013. This was on revenues of $538 million, an increase from the past. The first quarter also saw the company shipping 248,000 tons of material, an increase of fourteen percent over the first quarter of 2012. Losses were attributed to bad weather, lower production volumes, and an increase in costs. Global Cement quotes Don James, the chairman and CEO of Vulcan, “growth in residential construction activity and its traditional follow-on impact to private non-residential construction underpins our expectations for volume and earnings improvement in 2013.” Read the court decision
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    Reprinted courtesy of

    Seventh Circuit Remands “Waters of the United States” Case to Corps of Engineers to Determine Whether there is a “Significant Nexus”

    July 10, 2018 —
    On June 27, the U.S. Court of Appeals for the Seventh Circuit decided the case of Orchard Hill Building Co. v. U.S. Army Corps of Engineers. The Court of Appeals vacated the decision of the District Court granting the U.S. Army Corps of Engineers’ (Corps) motion for summary judgment dismissing the Orchard Hill Building Company’s (Orchard) complaint that the Corps’ jurisdictional determination erroneously found that the waters at issue were “jurisdictional waters” under the Clean Water Act (CWA) subject to the Corps’ jurisdiction. Acknowledging that the Corps and EPA had promulgated a new rule re-defining “waters of the United States” in 2015—which is now being challenged in the courts—the Court of Appeals noted that this case is controlled by the pre-2015 definition of “waters of the United States.” The Court of Appeals remanded the case to the Corps, directing it to determine if there was a significant nexus, as required. Read the court decision
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    Reprinted courtesy of Anthony B. Cavender, Pillsbury Winthrop Shaw Pittman LLP
    Mr. Cavender may be contacted at

    Bad Welds Doom Art Installation at Central Park

    October 30, 2013 —
    Last year, the sculpture “How I Roll” was supposed to be doing its rolling at Central Park from June through August of last year, but the exhibit was taken down a month early, over concerns that the welding had rendered the moving piece “structurally unsound and unsafe.” Now the Public Art Fund is suing the company hired to do the welding. Titon Builders of Lake Park, Florida was supposed to do the welding, but they subcontracted the work to Tru-Steel Corp. of Fort Pierce, Florida. The Public Art Fund is claiming that Titon’s contract obligated them to do the fabrication, not subcontract it. Jeffrey Klein, a lawyer for the Public Art Fund, said, “it’s sad that it had to be taken down because of shoddy workmanship.” Read the court decision
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    Reprinted courtesy of

    Colorado Hotel Neighbors Sue over Construction Plans

    October 02, 2015 —
    Neighbors of the Sky Hotel in Aspen, Colorado, filed suit against the owners “alleging that the construction project will impede access to their units and steal their airspace,” reported the Aspen Daily News Online. The problem, the plaintiff suit alleges, is that the Sky’s plan would close the “east-west alley,” which is also used by the condo complex: “Owners, renters and guests mainly use the alley, which is configured for one-way traffic entering on Durant Avenue and exiting at Original Street, to access their condos in the Chaumont, says the 12-page complaint filed by local attorney Jody Edwards.” The plaintiffs are demanding that the plan be voided or at least require the issues in the suit to be addressed. They are also seeking attorney and other costs. Read the court decision
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    Reprinted courtesy of

    Builders Arrested after Building Collapses in India

    July 01, 2014 —
    Deaths from a building collapse in Chennai, India is currently at nineteen, while forty-two people have been rescued, according to the New York Times, and “40 others are feared trapped in the debris,” reported BBC News. The Chennai police arrested six people, “including the partners of the construction company, the architect and the structural engineer, and charged them with criminal negligence in connection with the building collapse there,” according to P. Subramniam, a Chaennai police officer, as quoted by the New York Times. "It appears they have not adhered to approved plans,” Tamil Nadu Chief Minister J Jayalalithaa told BBC News. “The building appears to have serious structural defects." Building collapses are frequent in India, and most are “blamed on lax safety and substandard materials,” reported BBC News. The New York Times pointed out that “municipal authorities rarely condemn buildings even when they appear to have dangerous defects.” Regardless, “even unsafe buildings attract people who want to live in them because the competition for shelter is fierce among millions of city residents.” Read the full story, New York Times... Read the full story, BBC News... Read the court decision
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    Reprinted courtesy of

    Colorado statutory “property damage” caused by an “occurrence”

    August 04, 2011 —

    Colorado General Assembly House Bill 10-1394 was signed into law by the Governor on May 21, 2010, codified at Colo. Rev. Stat. § 13-20-808 (2010)

    13-20-808. Insurance policies issued to construction professionals

    (1) (a) The general assembly finds and determines that:

    (I) The interpretation of insurance policies issued to construction professionals is of vital importance to the economic and social welfare of the citizens of Colorado and in furthering the purposes of this part 8.

    (II) Insurance policies issued to construction professionals have become increasingly complex, often containing multiple, lengthy endorsements and exclusions conflicting with the reasonable expectations of the insured.

    (III) The correct interpretation of coverage for damages arising out of construction defects is in the best interest of insurers, construction professionals, and property owners.

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    Reprinted courtesy of

    Read the court decision
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