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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

    School System Settles Design Defect Suit for $5.2Million

    Customer’s Agreement to Self-Insure and Release for Water Damage Effectively Precludes Liability of Storage Container Company

    In Construction Your Contract May Not Always Preclude a Negligence Claim

    Insurer Sued for Altering Policies after Claim

    Best Lawyers® Recognizes 29 White and Williams Lawyers

    Work without Permits may lead to Problems Later

    The U.S. Tenth Circuit Court of Appeals Rules on Greystone

    Attorney Writing Series on Misconceptions over Construction Defects

    Changing Course Midstream Did Not Work in River Dredging Project

    Texas “Loser Pays” Law May Benefit Construction Insurers

    Buffett Says ‘No-Brainer’ to Get a Mortgage to Short Rates

    Washington School District Sues Construction Company Over Water Pipe Damage

    Save A Legal Fee? Sometimes You Better Talk With Your Construction Attorney

    Court of Appeal Opens Pandora’s Box on Definition of “Contractor” for Forum Selection Clauses

    Are You Taking Full Advantage of Available Reimbursements for Assisting Injured Workers?

    Dealing with Abandoned Property After Foreclosure

    Will a Notice of Non-Responsibility Prevent Enforcement of a California Mechanics Lien?

    Evergrande’s Condemned Towers on China’s Hawaii Show Threat

    Research Institute: A Shared Information Platform Reduces Construction Costs Considerably

    Rancosky Adopts Terletsky: Pennsylvania Supreme Court Sets Standard for Statutory Bad Faith Claims

    Avoiding Lender Liability for Credit-Related Actions in California

    Sixth Circuit Holds that Some Official Actions Taken in the “Flint Water Crisis” Could Be Constitutional Due Process Violations

    Mental Health and Wellbeing in Construction: Impacts to Jobsite Safety

    Hawaii Federal District Court Again Rejects Coverage for Faulty Workmanship

    CRH to Buy Building-Products Firm Laurence for $1.3 Billion

    A Race to the Finish on Oroville Dam Spillway Fix

    Crypto and NFTs Could Help People Become Real Estate Tycoons

    Toll Brothers Faces Construction Defect Lawsuit in New Jersey

    DIR Reminds Public Works Contractors to Renew Registrations Before January 1, 2016 to Avoid Hefty Penalty

    Soldiers Turn Brickies as U.K. Homebuilders Seek Workers

    The “Up” House is “Up” for Sale

    An Oregon School District Files Suit Against Robinson Construction Co.

    Hybrid Contracts for The Sale of Goods and Services and the Predominant Factor Test

    EPC Contractors Procuring from Foreign Companies need to Reconsider their Contracts

    Affirmed: Insureds Bear the Burden of Allocating Covered Versus Uncovered Losses

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

    Saudi Prince’s Megacity Shows Signs of Life

    Superior Court Of Pennsylvania Holds That CASPA Does Not Allow For Individual Claims Against A Property Owner’s Principals Or Shareholders

    Chinese Demand Rush for Australia Homes to Stay, Ausin Says

    ASCE Statement on Biden Administration Permitting Action Plan

    How to Protect a Construction-Related Invention

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

    Traub Lieberman Partner Adam Joffe Named to 2022 Emerging Lawyers List

    Supreme Court of Washington State Upholds SFAA Position on Spearin Doctrine

    Three's a Trend: Second, Fourth and Ninth Circuits Uphold Broad "Related Claims" Language

    District Court's Ruling Affirmed in TCD v American Family Mutual Insurance Co.

    10 Haight Lawyers Recognized in Best Lawyers in America© 2022 and The Best Lawyers: Ones to Watch 2022

    Insurance Law Alert: California Supreme Court Limits Advertising Injury Coverage for Disparagement

    Construction Costs Absorb Two Big Hits This Quarter

    NY Is Set To Sue US EPA Over ‘Completion’ of PCB Removal
    Corporate Profile


    The Cushing, Texas Building Consultant 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. Drawing from this considerable body of experience, BHA provides construction related trial support and expert services to Cushing'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.

    Building Consultant News & Info
    Cushing, Texas

    Climate Change a Factor in 'Unprecedented' South Asia Floods

    July 18, 2022 —
    Sylhet, Bangladesh (AP) -- Scientists say climate change is a factor behind the erratic and early rains that triggered unprecedented floods in Bangladesh and northeastern India, killing dozens and making lives miserable for millions of others. Although the region is no stranger to flooding, it typically takes place later in the year when monsoon rains are well underway. This year's torrential rainfall lashed the area as early as March. It may take much longer to determine the extent to which climate change played a role in the floods, but scientists say that it has made the monsoon — a seasonable change in weather usually associated with strong rains — more variable over the past decades. This means that much of the rain expected to fall in a year is arriving in a space of weeks. Read the full story...
    Reprinted courtesy of Bloomberg

    Elon Musk's Boring Co. Is Feuding With Texas Over a Driveway

    July 25, 2022 —
    While Elon Musk is publicly making a big deal about moving to Texas and cozying up to the governor, behind the scenes his tunnel-building venture, Boring Co., is wrangling with local authorities in the state over a host of seemingly mundane permitting issues. Since Boring bought land last May to create a research and development center in Bastrop, Texas, a rural area outside Austin, the company has put workers up on mobile homes at the site without authorized sewage facilities, failed to get air and stormwater permits and built a driveway without first getting official approval, according to documents obtained by Bloomberg News through a public records request. The company’s dealings with Bastrop are yet another illustration of how Musk’s businesses often push the boundaries of or simply ignore regulations that bind other companies. In recent years his Tesla Inc. restarted production at its Fremont plant in defiance of pandemic rules to stay closed, Boring tried to build a tunnel in Los Angeles without going through an environmental review process and the US Securities and Exchange Commission is examining the disclosure of Musk’s stake in Twitter Inc. Read the full story...
    Reprinted courtesy of Sarah McBride, Bloomberg

    5 Questions about New York's Comprehensive Insurance Disclosure Act

    February 14, 2022 —
    On December 31, 2021, New York enacted the Comprehensive Insurance Disclosure Act (“CIDA”), requiring defendants to provide plaintiffs with “complete” information for any insurance policy through which a judgment could be satisfied, within sixty (60) days after serving an answer. The stated goal is to reduce delay tactics by compelling disclosures of all policies implicated by a claim as well as other claims, contracts, or agreements that may deplete available coverage or residual limits of policies that have already been eroded by other payments. The impact of CIDA’s disclosure requirements may be scaled back by proposed amendments currently pending before the New York state legislature. 1. What does CIDA Require? CIDA requires the automatic disclosure of insurance information to plaintiffs. New York’s Civil Practice Law & Rules (“CPLR”) 3101(f) permits civil discovery of the contents of existing insurance agreements by which an insurer may be liable for all or part of a judgment. However, CIDA amends the CPLR to mandate that defendants must automatically disclose the following information in all pending cases starting March 1, 2022, or within sixty (60) days of filing an answer to a complaint going forward:
    • Complete copy of all insurance policies that are available to satisfy all or part of a potential judgment.
      • This includes Primary, Excess, and Umbrella policies.
    • The relevant applications for insurance.
    Reprinted courtesy of Richard W. Brown, Saxe Doernberger & Vita and Michael V. Pepe, Saxe Doernberger & Vita Mr. Brown may be contacted at Mr. Pepe may be contacted at Read the full story...

    Turning Back the Clock: DOL Proposes Previous Davis-Bacon Prevailing Wage Definition

    April 19, 2022 —
    On March 11, 2022, the Department of Labor (“DOL”) proposed reverting the definition of “prevailing wage” under the Davis-Bacon Act to a definition used over 40 years ago. According to the DOL, the proposal is meant to modernize the law and “reflect better the needs of workers in the construction industry and planned federal construction investments.”[1] Brief History Lesson The Davis-Bacon Act was enacted in 1931 and requires the payment of locally prevailing wages and fringe benefits on federal construction contracts. The law applies to workers on contracts in excess of $2,000 entered into by federal agencies and the District of Columbia for the construction, alteration, or repair of public buildings or public works.[2] From the 1930s to the early 1980s, the DOL used the following three-step process to define prevailing wage:
    1. Any wage rate paid to a majority of workers.
    2. If there was no wage rate paid to a majority of workers, then the wage rate paid to the greatest number of workers, provided it was paid to at least 30 percent of workers (i.e., the “30 percent rule”).
    3. If the 30 percent rule was not met, the weighted average rate.
    Reprinted courtesy of David Chidlaw, Sheppard Mullin and Carina Novell, Sheppard Mullin Mr. Chidlaw may be contacted at Ms. Novell may be contacted at Read the full story...

    Legal Disputes Soar as Poor Information Management Impacts the AEC Industry

    July 03, 2022 —
    Managers in Architecture, Engineering and Construction (AEC) are facing more disruptive disputes in 2022 compared to last year according to the latest independent research from regulatory compliance company Ideagen. The survey of business leaders from AEC firms in the US and UK revealed that 78% of respondents experienced some kind of dispute in the business, compared to 63% in 2021, with information accessibility and visibility, caused largely by high staff turnover, the main root causes. With the challenges that the industry continues to face following COVID and increasing costs of materials, this is an added but unnecessary challenge facing the industry. Stuart Rowe, Vice President of Collaboration Strategy at Ideagen, whose customers include the US Navy, Gensler, Arup and Ramboll, said: "The working world has continued to change in the last 12 months, which is reflected in the AEC industry's evolving priorities. The COVID-19 pandemic led to a huge shift to remote working which saw an increased need for effective collaboration tools, however, this year is appears that hybrid working is the new normal in the industry. "Four-fifths of the people we spoke to said email is still king for project correspondence. This is a huge concern as most project scope changes reside in email inboxes. Failing to properly manage all information and records also prevents a Golden Thread, or a Single Source of Truth, across projects and businesses." Ideagen undertook the independent survey to support developments to their Mail Manager software, used by 2,500 architecture, engineering and construction firms in 16 countries worldwide. It revealed a number of insights into how the industry is managing changing work patterns. Download the full research here.

    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

    Illinois Earns C- on its 2022 Infrastructure Report Card while Making Strides on Roads and Transit

    May 02, 2022 —
    Chicago, Ill. – The Illinois Section of the American Society of Civil Engineers (ASCE) today revealed its 2022 Infrastructure Report Card, giving the state an overall grade of C-. Illinois' civil engineers studied eleven infrastructure categories. Of those eleven, six categories are in mediocre condition, and five categories are in poor condition. The committee representing more than 2,700 civil engineers across Illinois collected and analyzed data and based its grades on eight criteria, including condition, funding, public safety and resilience. As a major hub for our nation's infrastructure, Illinois has taken considerable steps to improving its transportation and infrastructure networks and several major categories showed improvements – notably transit and roads. To view the report card and all eleven categories evaluated, visit ABOUT THE ILLINOIS SECTION OF THE AMERICAN SOCIETY OF CIVIL ENGINEERS Civil engineering experts in their respective fields from the Illinois Section of ASCE, with assistance from the Central Illinois Section, Quad Cities Section, and the St. Louis Section, prepared The Report Card for Illinois' Infrastructure. The Report Card is created to educate and advise our elected officials and citizens on the condition of our State's infrastructure using sound engineering evaluation criteria and to provide recommendations on how to raise the grade. Since 1915, the Illinois Section has represented Civil Engineers in America's engineering hub and the organization recently celebrated its Centennial Anniversary. ASCE provides a platform for our members to mentor, learn and teach, which enables us to serve as stewards of infrastructure in our state, nation and throughout the world.

    Appraisal May Include Cause of Loss Issues

    March 21, 2022 —
    The federal district court determined that an appraisal can include causation issues when determining the amount of loss. B&D Inv. Grp., LLC v. Mid-Century Ins. Co., 2021 U.S. Dist. LEXIS 246853 (N.D. Ill. Dec. 28, 2021). B&D commercial building was damaged by hail. B&D submitted a claim to Mid-Century, but the parties disagreed as to the damage. Mid-Century found there was hail damage to metal vents on the roof and estimated the repair costs to be $4,271.95. Mid-Century found no hail damage to the roof itself. B&D disagreed and insisted that there was additional damage to the property, specifically the roof. B&D requested an appraisal, but Mid-Century denied the request. Mid-Century found that the condition of the roof was due to wear and tear and therefore constituted an excluded cause under the policy. B&D filed suit seeking a declaratory judgment compelling the parties to proceed with an appraisal. Read the full story...
    Reprinted courtesy of Tred R. Eyerly, Damon Key Leong Kupchak Hastert
    Mr. Eyerly may be contacted at