Westcon member, Jon Bacon, a construction defect defense attorney and partner in the San Francisco and Los Angeles firm of Jackson & Wallace LLP will provide and overview of the key provisions of Senate Bill 800 recently passed by the state legislature, among the most far-reaching construction litigation-related legislations to be passed in California in many years. He will also provide his predictions on how effective the bill will be and offer insights into how the provisions of this bill will effect the role of experts in construction cases as the bill is applied. It has taken effect January 1st, 2003 and would apply to any home sold (close of escrow) on or after January 1st, 2003.

This bill was intended by its promoters to be a major step toward resolving the housing crisis in the state of California, by reducing costly construction defect litigation. The promoters of SB800 are hopeful that the passage in this bill will encourage more builders to build new housing and will help entice liability carriers back into the California market.

Controversial aspects of this bill relate to, 1) the development of so-called "functionality standards" which attempt to define what is a defective condition 2) the setting forth of new specific statutes of limitations for certain categories of construction defect; 3) the enumeration of pre-litigation procedures; 4) the reversal of the essence of the Aas vs. Superior Court decision; 5) the discoverability of pre-litigation communications and conduct; and 6)  specific time frames within which certain pre-litigation procedures must be completed.

Of particular interest to experts is the immunity given to qualified individuals providing independent quality review of plans and specifications. It appears that the qualified individual providing independent review is not immune from suit by the person who hired him or her but, rather, is immune from suits by any other class of claimant such as homeowner associations, individual unit owners.

Commentators have mixed observations for the true impact of SB 800. The bill will not begin to be tested any sooner than late 2003 or early 2004.

Because of the major impact that SB 800 will have on us in the construction field, we should have a good crowd with numerous questions. Time will be allotted to hear and address questions from the floor. A reprint of an article written on this subject by Mr. Bacon will be available.