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    Cushing, Texas

    Texas Builders Right To Repair Current Law Summary:

    Current Law Summary: HB 730 amended the Texas Property Code by adding Title 16 and amending chapter 27. Overseen by the Texas Residential Construction Commission (TRCC) the code asserts that a contractor is not liable for any percentage of damages caused by failure to take reasonable action to mitigate damages or take reasonable action to maintain the residence. It also limits damages, requires written notification and response for right of repair and defines warranty periods. Additionally, SB 754 states“(5-10 Sec. 27.107) a contractor may assert as an affirmative defense to an allegation of a defect made in a complaint filed under this subchapter that the defect is the result of abuse, neglect, or unauthorized modifications or alterations of the home.”

    Building Consultant Contractors Licensing
    Guidelines Cushing Texas

    No state license is required, however, general contractors must get permits at the local level. Separate boards license HVAC, and plumbing trades.

    Building Consultant Contractors Building Industry
    Association Directory
    El Paso Assn of Bldrs
    Local # 4527
    6046 Surety Dr
    El Paso, TX 79905

    Cushing Texas Building Consultant 10/ 10

    Forest Country Chapter
    Local # 4555
    PO Box 630983
    Nacogdoches, TX 75963
    Cushing Texas Building Consultant 10/ 10

    Heart of Texas Builders Association
    Local # 4575
    PO Box 20697
    Waco, TX 76702

    Cushing Texas Building Consultant 10/ 10

    Permian Basin Home Builders Association
    Local # 4540
    4305 N Garfield St Ste 224
    Midland, TX 79705

    Cushing Texas Building Consultant 10/ 10

    Home Builders Association of San Angelo
    Local # 4557
    4172 South Jackson
    San Angelo, TX 76903

    Cushing Texas Building Consultant 10/ 10

    Deep East Texas Association of Builders
    Local # 4548
    PO Box 153337
    Lufkin, TX 75915

    Cushing Texas Building Consultant 10/ 10

    Tyler Area Builders Association
    Local # 4569
    1504 West Grande Blvd St A
    Tyler, TX 75703

    Cushing Texas Building Consultant 10/ 10

    Building Consultant News and Information
    For Cushing Texas

    Scientists Are Trying to Make California Forests More Fire Resilient

    Helsinki Stream City: A Re-imagining Outside the System

    How is Negotiating a Construction Contract Like Buying a Car?

    Traub Lieberman Partners Lenhardt and Smith Obtain Directed Verdict in Broward County Failed Repair Sinkhole Trial

    Alabama Limits Duty to Defend for Construction Defects

    Newmeyer & Dillion Appoints Partner Carol Zaist as General Counsel

    U.S. Firm Helps Thais to Pump Water From Cave to Save Boys

    Sacramento’s Commercial Construction Market Heats Up

    New Evidence Code Requires Attorney to Obtain Written Acknowledgement that the Confidential Nature of Mediation has been Disclosed to the Client

    Blackstone Said to Sell Boston Buildings for $2.1 Billion

    Avoiding Lender Liability for Credit-Related Actions in California

    Pancakes Decision Survives Challenge Before Hawaii Appellate Court

    OSHA Issues COVID-19 Guidance for Construction Industry

    What is Bad Faith?

    Florida Self-Insured Retention Satisfaction and Made Whole Doctrine

    In One of the First Civil Jury Trials to Proceed Live in Los Angeles Superior Court During Covid, Aneta Freeman Successfully Prevailed on Behalf of our Client and Obtained a Directed Verdict and Non-Suit

    Business and Professions Code Section 7031, Demurrers, and Just How Much You Can Dance

    Windstorm Exclusion Found Ambiguous

    There Was No Housing Bubble in 2008 and There Isn’t One Now

    Gehry-Designed Project Seen Bringing NYC Vibe to L.A.

    Claims for Negligence? Duty to Defend Triggered

    Important Information Regarding Colorado Mechanic’s Lien Rights.

    Pine River’s Two Harbors Now Targets Non-Prime Mortgages

    Brown Act Modifications in Response to Coronavirus Outbreak

    California Joins the Majority of States in Modifying Its Survival Action Statute To Now Permit Recovery for Pain, Suffering And Disfigurement

    Contractors: Revisit your Force Majeure Provisions to Account for Hurricanes

    Insurance Policies Broadly Defining “Suits” May Prompt an Insurer’s Duty to Defend and Indemnify During the Chapter 558 Pre-Suit Notice Process

    Contractors Struggle with Cash & Difficult Payment Terms, Could Benefit From Legal Advice, According to New Survey

    Texas Approves Law Ensuring Fair and Open Competition

    As the Term Winds Down, Several Important Regulatory Cases Await the U.S. Supreme Court

    First-Time Buyers Shut Out of Expanding U.S. Home Supply

    Terminating Notice of Commencement Without Contractor’s Final Payment Affidavit

    Plan Ahead for the Inevitable Murphy’s Law Related Accident

    How To Fix Oroville Dam

    My Employees Could Have COVID-19. What Now?

    Colorado Senate Revives Construction Defects Reform Bill

    Arizona Supreme Court Clarifies Area Variance Standard; Property Owners May Obtain an Area Variance When Special Circumstances Existed at Purchase

    GAO Sustains Unsupported Past Performance Evaluation and Unequal Discussion Bid Protest

    A Contractual Liability Exclusion Doesn't Preclude Insurer's Duty to Indemnify

    No Coverage for Collapse of Building

    Illinois Court Determines Duty to Defend Construction Defect Claims

    No Coverage Under Anti-Concurrent Causation Clause

    Florida Supreme Court Adopts Federal Summary Judgment Standard, Substantially Conforming Florida’s Rule 1.510 to Federal Rule 56

    Large Canada Employers and Jobsites Mandate COVID-19 Vaccines

    Ohio Condo Owners Sue Builder, Alleging Construction Defects

    Illinois Federal Court Applies Insurer-Friendly “Mutual Exclusive Theories” Test To Independent Counsel Analysis

    Avoiding Project Planning Disasters: How to Spot Problem Projects

    DE Confirms Robust D&O Protection Despite Company Demise

    Millennials Skip the Ring and Mortgage

    Slavin Doctrine and Defense from Patent Defects
    Corporate Profile


    The Cushing, Texas Building Consultant Group is comprised from a number of credentialed construction professionals possessing extensive trial support experience relevant to construction defect and claims matters. Leveraging from more than 25 years experience, BHA provides construction related trial support and expert services to the nation's most recognized construction litigation practitioners, Fortune 500 builders, commercial general liability carriers, owners, construction practice groups, and a variety of state and local government agencies.

    Building Consultant News & Info
    Cushing, Texas

    Texas Plans a Texas-Sized Response to Rising Seas

    June 27, 2022 —
    In coastal Texas and many other places, walled cities are making a comeback. It’s quite a turnabout, as the efficacy of defensive walls had declined precipitously since the age of the long bow. Barbarians still menace, of course. But the rekindled enthusiasm for defensive walls is a response to a different kind of threat. San Francisco is contemplating a huge tidal wall across its bay to fend off sea rise and the attendant dousing of some of the world’s most expensive real estate. Miami is weighing the damage a sea wall would do to tourist vistas against the damage a rising sea might do absent a wall. New Orleans, after $14 billion in levee construction, is an armored metropolis. Norfolk, Virginia, another low-lying city exposed to a surging sea, is spending a few hundred million federal dollars on a downtown sea wall. New York City, which has flooded in two devastating storms so far this century, is building a $1.45 billion series of walls, floodgates and underground drainage, a modest down payment on the city’s defense against rising tides and storm surge. Read the full story...
    Reprinted courtesy of Francis Wilkinson, Bloomberg

    Use of Dispute Review Boards in the Construction Process

    December 27, 2021 —
    Dispute Review Boards: Overview Problems, disagreements and claims arise in most large and complex construction projects regardless of the project delivery method. These disputes can and do delay and significantly increase the cost of the project. Dispute Review Boards, also known as Dispute Resolution Board, Dispute Board, Dispute Avoidance Board or DRB, are often found in large construction projects to assist the parties to minimize, resolve or avoid disputes and mitigate adverse impacts to projects. To date, over $270 billion worth of construction projects have used the dispute review board process to avoid numerous disputes and achieve significant savings.[1] Unlike mediation and arbitration, a DRB is convened at the very beginning of the project and conducts regular meetings and visits at the project site throughout, allowing the DRB to discuss, observe and monitor construction, progress and potential disputes. At these meetings, DRB members become familiar with many of the facts and acquaint themselves with the job site personnel. If a dispute is submitted to them, the panelists have a great deal of knowledge about the circumstances of the problem to aid them in reaching their recommendations or conclusions. DRBs also encourage open and honest communications among or between the parties during the project, which in turn, encourages avoidance or resolution of disputes before they become formal claims. In short, the DRP process involves real-time discussion of the dispute with highly qualified people who know the particular project from day one and can provide recommendations on how to resolve disputes. Read the full story...
    Reprinted courtesy of Sarah B. Biser, Fox Rothschild LLP
    Ms. Biser may be contacted at

    Tick Tock: Don’t Let the Statute of Repose or Limitations Time Periods Run on Your Construction Claims

    February 28, 2022 —
    In Wascher v. ABC Ins. Co., No. 2020AP1961, 2022 Wisc. App. LEXIS 110 (Feb. 9, 2022), the Court of Appeals of Wisconsin considered whether the plaintiffs were barred — by Wisconsin’s 10-year statute of repose for improvements to real property claims and the six-year statute of limitations for breach of contract claims — from bringing a lawsuit against the original builders of their home. The plaintiffs alleged negligence and breach of contract against the masonry subcontractors, asserting that they improperly installed the exterior stone cladding. The court found that the plaintiffs’ claims against the original builders were time-barred. In 2005, the plaintiffs, Thomas and Pamela Wascher (the Waschers) retained Mathwig Builders (Mathwig) as the general contractor for the construction of their home in Greenville, Wisconsin. Mathwig subcontracted defendants Natural Surfaces, LLC (Natural Surfaces) and Carved Stone Creations (CSC) to install the stone cladding on the exterior walls and patio for the home. On November 3, 2008, the Township of Greenville inspected the home and granted the Waschers permission to occupy the residence. The Waschers moved into the home within the next few weeks. In early 2009, the Waschers discovered efflorescence on the stone cladding for the patio. In 2010, the Waschers hired CSC to repair the stone cladding. CSC removed some stone, which revealed that flashing had not been installed behind the stone, which caused water to infiltrate the stone and patio. Read the full story...
    Reprinted courtesy of Gus Sara, White and Williams
    Mr. Sara may be contacted at

    Do Municipal Gas Bans Slow the Clean Hydrogen Transition in Real Estate?

    June 06, 2022 —
    Clean hydrogen has the potential to play a significant role in the energy transition by serving as a carbon-free form of energy storage and heat production. In real estate, hydrogen could provide heating, replace or supplement natural gas in many applications, or store excess rooftop solar power. The United Kingdom, United States and Japan are all homes to pilot projects attempting to scale out hydrogen for use in communities. As we have discussed previously, many cities have recently passed ordinances banning the inclusion of natural gas infrastructure in new commercial and residential buildings. These bans can create headaches for real estate developers and inject uncertainty into development plans. Reprinted courtesy of Sidney L. Fowler, Pillsbury, Robert G. Howard, Pillsbury and Emily Huang, Pillsbury Mr. Fowler may be contacted at Mr. Howard may be contacted at Ms. Huang may be contacted at Read the full story...

    Judge Gives Cintra Bid Protest of $9B Md. P3 Project Award New Life

    March 21, 2022 —
    The Maryland Dept. of Transportation will have to reconsider a protest lodged by the losing bidder for the initial phase of its $9-billion Express Lanes project, according to a Feb. 17 state circuit court judge's ruing. The decision likely stalls the state's ambitious plan to add capacity along portions of the I-495/Beltway and I-270 west of Washington, DC, using a progressive public-partnership. Reprinted courtesy of Jim Parsons, Engineering News-Record ENR may be contacted at Read the full story...

    Energy Efficiency Ratings Aren’t Actually Predicting Energy Efficiency

    February 07, 2022 —
    There’s a secret dogging British buildings with some of the most coveted environmental ratings: On paper they’re green, but scratch the surface and they’re red hot. Buildings that have received the highest rating in the U.K. — an A Energy Performance Certificate — use more energy than some of their peers rated C, D, E or even F. This disparity between how buildings are designed and what their actual emissions are is widespread in the U.K., according to recent findings from the Better Buildings Partnership, which analyzed 2020 self-reported energy data provided for more than 1,100 commercial properties. It found that commercial buildings regularly use more energy than their sterling eco-friendly labels would suggest. In fact, the analysis finds, the ratings are so far off that the median energy intensity for all B-rated buildings is higher than for C-rated buildings. Read the full story...
    Reprinted courtesy of Ryan Hesketh, Bloomberg

    Claims Against Broker Dismissed

    June 20, 2022 —
    Claims that the broker failed to secure adequate coverage for condominium owners were dismissed. Ting Lin v. Mountain Valley Indemn. Co., 2022 N.Y. Misc. LEXIS 1254 (N.Y. Sup. Ct. March 10, 2022). The amended complaint alleged the agent, Century Max Inc., breached its duty to advise and sell to plaintiffs a homeowners and fire policy far in excess of $100,000 for their condominium unit, which was worth in excess of $600,000. Century moved to dismiss A fire in the building forced all owners to vacate their units. The entire building was thereafter declared unsafe for habitation by the City of New York. The condominium owners met and voted to not restore the building, but to sell the burnt-out shell and distribute the sales proceeds and the condominium's insurance among the unit owners. There was no indication that the owners would not be made whole once the funds were distributed. Read the full story...
    Reprinted courtesy of Tred R. Eyerly, Damon Key Leong Kupchak Hastert
    Mr. Eyerly may be contacted at

    Illinois Appellate Court Address the Scope of the Term “Resident” in Homeowners Policy

    April 11, 2022 —
    In Farmers Ins. Exch. v. Cheekati, 2022 IL App (4th) 210023, the 4th District Court of Appeals for the State of Illinois addressed whether the term “resident” in a homeowners policy included a tenant leasing the insured premises. The Insureds owned property which was insured through Farmers under a homeowner’s policy. Unable to sell the property, the Insureds entered into a two-year lease agreement with a tenant. Several months after entering into the lease agreement, the tenant allegedly sustained physical injuries inside of the rented premises when a staircase collapsed. The tenant sued the Insureds and the matter was tendered to Farmers. Thereafter, Farmers denied coverage based on an exclusionary provision in the homeowner’s policy. Specifically, the policy contained a "Liability Exclusions" section, which provided:
    "Coverage E (Personal Liability) *** and personal injury coverage, if covered under this policy, do not apply to: Any insured or other residents of the residence premises. We do not cover bodily injury or personal injury to: (a) any insured; or (b) any resident of the residence premises, whether resident in the dwelling or a separate structure." (Emphases in original.)
    Read the full story...
    Reprinted courtesy of James M. Eastham, Traub Lieberman
    Mr. Eastham may be contacted at