BERT HOWE
  • Nationwide: (800) 482-1822    
    parking structure Building Consultant San Diego California retail construction Building Consultant San Diego California landscaping construction Building Consultant San Diego California concrete tilt-up Building Consultant San Diego California production housing Building Consultant San Diego California condominiums Building Consultant San Diego California structural steel construction Building Consultant San Diego California hospital construction Building Consultant San Diego California casino resort Building Consultant San Diego California Medical building Building Consultant San Diego California tract home Building Consultant San Diego California custom home Building Consultant San Diego California multi family housing Building Consultant San Diego California institutional building Building Consultant San Diego California office building Building Consultant San Diego California housing Building Consultant San Diego California condominium Building Consultant San Diego California mid-rise construction Building Consultant San Diego California Subterranean parking Building Consultant San Diego California high-rise construction Building Consultant San Diego California low-income housing Building Consultant San Diego California townhome construction Building Consultant San Diego California
    San Diego California building code expert witnessSan Diego California reconstruction expert witnessSan Diego California construction scheduling expert witnessSan Diego California structural engineering expert witnessesSan Diego California stucco expert witnessSan Diego California construction defect expert witnessSan Diego California expert witness structural engineer
    Arrange No Cost Consultation
    Building Consultant Builders Information
    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:


    Building Consultant Contractors Licensing
    Guidelines San Diego California

    Commercial and Residential Contractors License Required.


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

    San Diego California Building Consultant 10/ 10

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

    San Diego California Building Consultant 10/ 10

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

    San Diego California Building Consultant 10/ 10

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

    San Diego California Building Consultant 10/ 10

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

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

    San Diego California Building Consultant 10/ 10

    Building Industry Association Southern California - LA/Ventura Chapter
    Local # 0532
    28460 Ave Stanford Ste 240
    Santa Clarita, CA 91355
    San Diego California Building Consultant 10/ 10


    Building Consultant News and Information
    For San Diego California


    Texas Supreme Court Holds Stipulated Extrinsic Evidence May Be Considered in Determining Duty to Defend

    Construction Firm Settles Suit Over 2012 Calif. Wildfire

    Insurers May Not Be Required to Defend Contractors In a Florida §558 Proceeding

    How Berlin’s Futuristic Airport Became a $6 Billion Embarrassment

    Do Construction Contracts and Fraud Mix After All?

    Contract Terms Can Impact the Accrual Date For Florida’s Statute of Repose

    Subcontractors Aren’t Helpless

    Construction Companies Can Be Liable for “Secondary Exposure” of Asbestos to Household Members

    More Musings From the Mediation Trenches

    Mechanics Lien Release Bond – What Happens Now? What exactly is a Mechanics Lien and Why Might it Need to be Released?

    California Appellate Court Confirms: Additional Insureds Are First-Class Citizens

    Title II under ADA Applicable to Public Rights-of-Way, Parks and Other Recreation Areas

    Design Professional Needs a License to be Sued for Professional Negligence

    Floating Crane on Job in NYC's East River Has a Storied Past of Cold War Intrigue

    Sub-Limit Restricts Insured's Flood Damage Recovery

    Lessons from the Sept. 19 Mexico Earthquake

    Construction Manager Has Defense As Additional Insured

    Is Arbitration Always the Answer?

    Third Circuit Affirms Use of Eminent Domain by Natural Gas Pipeline

    Residential Contractors, Be Sure to Have these Clauses in Your Contracts

    HHMR Lawyers Recognized by Best Lawyers

    Solar Power Inc. to Build 30-Megawatt Project in Inner Mongolia

    Brown Paint Doesn’t Cover Up Construction Defects

    Construction Cybercrime Is On the Rise

    Managing Partner Jeff Dennis Recognized as One of the Most Influential Business People & Opinion Shapers in Orange County

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

    Do Hurricane-Prone Coastal States Need to Update their Building Codes?

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

    Court Rules Planned Development of Banning Ranch May Proceed

    San Francisco Airport’s Terminal 1 Aims Sky High

    Speeding up Infrastructure Projects with the Cloud

    Las Vegas HOA Conspiracy & Fraud Case Delayed Again

    Hake Law Attorneys Join National Law Firm Wilson Elser

    Coverage Doomed for Failing Obtain Insurer's Consent for Settlement

    Drones Give Inspectors a Closer Look at Bridges

    NTSB Pittsburgh Bridge Probe Update Sheds Light on Collapse Sequence

    When an Intentional Act Results in Injury or Damage, it is not an Accident within the Meaning of an Insurance Policy Even When the Insured did not Intend to Cause the Injury or Damage

    Excessive Corrosion Cause of Ohio State Fair Ride Accident

    Risk Spotter Searches Internal Data Lakes For Loaded Words

    Elizabeth Lofts Condo Owners Settle with Plumbing Supplier

    Sustainability Puts Down Roots in Real Estate

    Liquidated Damages: A Dangerous Afterthought

    US Attorney Alleges ADA Violations in Chicago Cubs Stadium Renovation

    Oregon Bridge Closed to Inspect for Defects

    Traub Lieberman Attorneys Recognized as 2022 Illinois Super Lawyers® and Rising Stars

    Factories Boost U.S. Output as Builders Gain Confidence: Economy

    Unbilled Costs Remain in Tutor Perini's Finances

    Design-Assist, an Ambiguous Term Causing Conflict in the Construction Industry[1]

    Florida “Property Damage” caused by an “Occurrence” and “Your Work” Exclusion

    How Machine Learning Can Help with Urban Development
    Corporate Profile

    SAN DIEGO CALIFORNIA BUILDING CONSULTANT
    DIRECTORY AND CAPABILITIES

    Leveraging from more than 7,000 construction defect and claims related expert witness designations, the San Diego, California Building Consultant Group provides a wide range of trial support and consulting services to San Diego's most acknowledged construction practice groups, CGL carriers, builders, owners, and public agencies. Drawing from a diverse pool of construction and design professionals, BHA is able to simultaneously analyze complex claims from the perspective of design, engineering, cost, or standard of care.

    Building Consultant News & Info
    San Diego, California

    Chicago’s Bungalows Are Where the City Comes Together

    March 06, 2022 —
    In Chicago, there are plenty of reasons for South Side residents to keep Northsiders at arm’s length. This includes the North Side’s nonsensical lack of numbered streets, opposed baseball fandoms, and the outsized power of the city’s wealthier half — an imbalance that has created one of the most striking geographic divides between rich and poor, white and Black, in American urban life. But for Chicago historian and native Southsider Shermann “Dilla” Thomas, there’s a quick way for a Northsider to break through this legacy and offer at least one piece of common ground: Say that you live in a bungalow. “We have bungalows on the South Side too,” Thomas says. “If you’re good enough for a bungalow, then you’re cool with me.” All over the city, these humble houses are a remarkably consistent presence. It’s estimated that Chicago boasts 80,000 original bungalows — a third of the city’s single-family housing stock — located across a U-shaped band four to seven miles from the city center called the Bungalow Belt. In a city riven by inequality and resentment, bungalows are one of the few things that white, Black and Latino Chicagoans all love together. “The Chicago Bungalow is a unifying thing,” says Thomas. Read the full story...
    Reprinted courtesy of Zach Mortice, Bloomberg

    Curtain Wall Suppliers Claim Rival Duplicated Unique System

    February 28, 2022 —
    Chicago-area construction material suppliers that hold patents for a curtain wall system used in high-rise construction projects are suing a rival, claiming it created a knock-off of the system based on a former employee’s knowledge and put the system to use on construction projects. Reprinted courtesy of Annemarie Mannion, Engineering News-Record ENR may be contacted at enr@enr.com Read the full story...

    New York State Legislature Passes Legislation Expanding Wrongful Death Litigation

    July 18, 2022 —
    In early June, New York State Legislature passed legislation, often referred to as “The Grieving Families Act” (A.6770/S.74-A), which expands New York’s Wrongful Death Statute. This legislation is pending approval from Governor Kathy Hochul and has the ability to drastically impact wrongful death litigation by expanding how parties can bring an action, as well as expanding on recoverable compensation. Pursuant to the existing statute (EPTL §5-4.1), the statute of limitations requires commencement of an action within two years after the decedent’s death. The proposed Grieving Families Act expands the statute of limitations for a wrongful death action to three years and six months after the decedent’s death. Further, under the existing statute (EPTL §11-3.3), recovery in a wrongful death action is restricted to distributees (the intended beneficiaries under the will). The proposed legislation expands the parties permitted to bring a wrongful death action, replacing the term distributees with surviving close family members. These may include, but are not limited to, spouse or domestic partner, issue, parents, grandparents, step-parents, and siblings, leaving it to the finder of fact to determine which persons are close family members of the decedent based upon the specific circumstances relating to the person’s relationship with decedent. It remains to be seen what the burden of proof will be for the surviving close family members, as well as what process will be instituted with respect to the finder of fact. Presumably, the finder of fact will be a Judge. Reprinted courtesy of Lisa M. Rolle, Traub Lieberman and Justyn Verzillo, Traub Lieberman Ms. Rolle may be contacted at lrolle@tlsslaw.com Mr. Verzillo may be contacted at jverzillo@tlsslaw.com Read the full story...

    Insurer in Bad Faith Due to Adjuster's Failure to Keep Abreast of Case Law

    June 13, 2022 —
    The federal district court found that the insurer acted in bad faith when the claim was denied based on the adjuster's lack of knowledge of recent case law in Washington. Sec. Nat'l Ins. Co. v. Constr. Assocs. of Spokane, 2022 U.S. Dist. LEXIS 53533 (E.D. Wash. March 24, 2022). Construction Associates of Spokane was a general contractor hired for a project at the Paulsen Building in Spokane. Construction Association hired a subcontractor, Merit Electric, for whom Mark Wilson worked. Wilson was seriously injured on August 20, 2016. He sued the Construction Associates along with other defendants three years later. Construction Associates tendered to Merit Electric's broker, Alliant Insurance Services, Inc. Alliant forward the tender to Security National. The tender letter included a certificate of insurance issued by Alliant to Contractor Associates on September 3, 2019 and the subcontract with Merit. The subcontract required Merit to maintain CGL coverage with limits of $1 million. Further, the subcontractor was to issue certificate of insurance to the Contractor. Read the full story...
    Reprinted courtesy of Tred R. Eyerly, Damon Key Leong Kupchak Hastert
    Mr. Eyerly may be contacted at te@hawaiilawyer.com

    How New York City Plans to Soak Up the Rain

    May 02, 2022 —
    When the remnants of Hurricane Ida pummeled New York City with more than 3 inches of rain in just one hour, the city struggled to soak it up. Instead, streets and subways flooded as storm drains were overwhelmed, basement apartments were inundated, and more than a dozen people died. That September 2021 storm and the ones before it, including a cloudburst downpour during Tropical Storm Elsa in July, have forced New York to take a hard look at becoming a “spongier” city — one that combines nature-based green infrastructure like street-side rain gardens with gray infrastructure like storm drains to divert or absorb water and prevent catastrophic flooding. “New York City is preparing for both chronic storm events — these cloudburst events that we see occurring more and more frequently — as well as extreme storm events like Ida,” says Jennifer Cherrier, a professor of earth and environmental sciences at Brooklyn College. On top of that, the city also faces mounting risks from storm surges, like during Hurricane Sandy in 2012. Read the full story...
    Reprinted courtesy of Linda Poon, Bloomberg

    California Supreme Court Rejects Third Exception to Privette Doctrine

    July 03, 2022 —
    Walnut Creek, Calif. (May 25, 2022) - In Gonzalez v. Mathis (August 19, 2021) 12 Cal. 5th 29, the California Supreme Court considered whether to create a third exception to the Privette Doctrine specific to known hazards on a worksite, when a contractor cannot remedy the hazard by taking reasonable safety precautions to protect against it. Privette Background Under the Privette Doctrine, the hirer of an independent contractor generally cannot be liable for injuries sustained by the independent contractor or its employees while on the job. This is due to the “strong presumption” that the hirer delegates all responsibility for workplace safety to the independent contractor. See Privette v. Superior Court (1993) 5 Cal. 4th 689. Since the Privette ruling in 1993, the California Supreme Court has identified two circumstances in which the presumption may be overcome. First, the hirer may be liable when it retains control over any part of the independent contractor’s work and negligently exercises that retained control in a manner that affirmatively contributes to the injury. Hooker v. Dept. of Transportation (2002) 27 Cal. 4th 198, 213. Second, a landowner who hires an independent contractor may be liable if the landowner knew, or should have known, of a concealed hazard to the property that the contractor did not know of and could not have reasonably discovered, and the landowner failed to warn the contractor of the hazard. Kinsman v. Unocal Corp. (2005) 37 Cal. 4th 659, 664. Here, in the Gonzalez case, the court considered whether a landowner could be liable for known hazards on the property. Read the full story...
    Reprinted courtesy of Lewis Brisbois

    Supply Chain Delay Recommendations

    August 07, 2022 —
    This Bulletin provides guidance to contractors, subcontractors, suppliers, and others to ensure compliance with contractual change order requirements in the event work on a construction project is impacted by supply chain delays. Contract Protection Tips: The construction industry is being impacted substantially by inability to obtain necessary construction products due to supply chain issues. Most construction contracts do not accommodate time extensions due to supply chain impacts. To address this gap in contract terms, we recommend including language such as: “lack of or failure of or other inability to obtain necessary transportation, fuel, power, materials, machinery, equipment or facilities, delays caused by other contractors, subcontractors or their subcontractors of any tier, or any materialmen or suppliers” as part of the defined force majeure event under the contract. This provision can be included in the Change Order section of the contract as well by including a provision such as: “If the Work is delayed by the failure of or other inability to obtain necessary transportation, fuel, power, materials, machinery, equipment or facilities, delays caused by other contractors, subcontractors or their subcontractors of any tier, or any materialmen or suppliers, contractor shall be entitled to a change order for its costs and time associated with the delay.” Read the full story...
    Reprinted courtesy of Denise Motta, Gordon Rees Scully Mansukhani, LLP
    Ms. Motta may be contacted at dmotta@grsm.com

    When an Intentional Act Results in Injury or Damage, it is not an Accident within the Meaning of an Insurance Policy Even When the Insured did not Intend to Cause the Injury or Damage

    June 06, 2022 —
    In Maryam Ghukasian v. Aegis Security Insurance Company (No. B311310, filed April 14, 2022, and certified for publication on May 5, 2022), the Court of Appeal of the State of California, Second Appellate District held that Maryam Ghukasian’s insurer, Aegis Security Insurance Company (“Aegis”), had no duty to defend her in an underlying lawsuit alleging she cleared land and cut trees on her neighbors’ property without their consent. The appellate court explained Ms. Ghukasian’s acts of intentionally cutting the trees and clearing the land were not accidental for purposes of insurance coverage, even if she acted on the good faith but mistaken belief the trees were on her property. Ms. Ghukasian owns a home in Glendale, California. She purchased a homeowner’s insurance policy from Aegis for the policy period of June 13, 2018 to June 13, 2019 (the “Aegis Policy”). In August 2018, Ms. Ghukasian hired a contractor to clear and cut trees she believed were on her property. However, the trees were on the property of her neighbors, Vrej and George Aintablian. Read the full story...
    Reprinted courtesy of Gary L. LaHendro, Haight Brown & Bonesteel LLP
    Mr. LaHendro may be contacted at glahendro@hbblaw.com