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    Cushing Texas construction defect expert witness construction defect and claims expert witness, 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 construction defect expert witness construction defect and claims expert witness Texas

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


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    Home Builders Association of Greater Dallas
    Local # 4524
    5816 West Plano Pkwy
    Plano, TX 75093

    Cushing Texas construction defect expert witness construction defect and claims expert witness Texas Building Consultant 10/ 10

    Builders Association of Greater Fort Worth
    Local # 4530
    70001 Blvd 26 Ste 323
    Fort Worth, TX 76180

    Cushing Texas construction defect expert witness construction defect and claims expert witness Texas Building Consultant 10/ 10

    Home Builders Association of Texarkana
    Local # 4566
    PO Box 7048
    Texarkana, TX 75505

    Cushing Texas construction defect expert witness construction defect and claims expert witness Texas Building Consultant 10/ 10

    Home Builders Association of West Texas
    Local # 4545
    4223 85th St
    Lubbock, TX 79423

    Cushing Texas construction defect expert witness construction defect and claims expert witness Texas Building Consultant 10/ 10

    East Texas Builders Association
    Local # 4542
    2023 Alpine Rd
    Longview, TX 75601

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    Home Builders Association of Grayson - Fannin and Cooke Counties
    Local # 4563
    PO Box 1421
    Sherman, TX 75091

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    Big Country Home Builders Association
    Local # 4506
    4398 Crawford Dr
    Abilene, TX 79602

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    A Look Back at the Ollies

    How to Defend Stucco Allegations

    Haight has been named a Metropolitan Los Angeles Tier 1 “Best Law Firm” in four practice areas and Tier 2 in one practice area by U.S. News – Best Lawyers® “Best Law Firms” in 2021

    Just Because I May Be An “Expert” Does Not Mean I Am Giving Expert Testimony

    Construction Group Seeks Defense Coverage for Hard Rock Stadium Claims

    California’s Wildfire Dilemma: Put Houses or Forests First?

    Zell Says Homeownership Rate to Fall as Marriages Delayed

    Does the Implied Warranty of Habitability Extend to Subsequent Purchasers? Depends on the State

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    #11 CDJ Topic: Cortez Blu Community Association, Inc. v. K. Hovnanian at Cortez Hill, LLC, et al.

    Coverage Denied Where Occurrence Takes Place Outside Coverage Territory

    NYT Points to Foreign Minister and Carlos Slim for Collapse of Mexico City Metro

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    Effective Allocation of Damages for Federal Contract Claims

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    New York Court Holds That the “Lesser of Two” Doctrine Limits Recoverable Damages in Subrogation Actions

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    Despite Misapplying California Law, Federal Court Acknowledges Virus May Cause Physical Alteration to Property

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    Repairs Could Destroy Evidence in Construction Defect Suit

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    2019 Promotions - New Partners at Haight

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    No Indemnity After Insured Settles Breach of Implied Warranty of Habitability Claims

    Sustainability Puts Down Roots in Real Estate

    California Court of Appeal: Inserting The Phrase “Ongoing Operations” In An Additional Endorsement Is Not Enough to Preclude Coverage for Completed Operations

    The Evolution of Construction Defect Trends at West Coast Casualty Seminar

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    Construction Costs Must Be Reasonable
    Corporate Profile

    CUSHING TEXAS CONSTRUCTION DEFECT EXPERT WITNESS CONSTRUCTION DEFECT AND CLAIMS EXPERT WITNESS TEXAS BUILDING CONSULTANT
    DIRECTORY AND CAPABILITIES

    The Cushing Texas construction defect expert witness construction defect and claims expert witness, 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.

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    The Heat Is On

    June 13, 2022 —
    Every year, NASA and the National Oceanic and Atmospheric Administration (NOAA) team up to assess global temperatures and climate trends. (Yes, that NASA. A big part of the space agency’s mission is focused on Earth science, with the goal of better understanding the planet’s interconnected systems.) The two groups released their findings for 2021 this past January, with several predictably alarming highlights:
    • 2021 was the sixth-warmest year on record, with the average global surface temperature about 1.5°F over the 20th-century baseline periods that the agencies use for comparison and nearly 2°F higher than in the late-19th century.
    • The surface temperature in the Northern Hemisphere was also the sixth-highest on record, at nearly 2°F over baseline, with the land temperature exceeding the baseline by 2.8°F.
    • Extreme climate events included an above-average Atlantic hurricane season, with 21 storms, and a severe heat wave in the northwestern United States and western Canada in June during which Canada recorded its highest temperature ever, at 121°F.
    Reprinted courtesy of Christopher Durso, Construction Executive, a publication of Associated Builders and Contractors. All rights reserved. Read the full story...

    The Status of OSHA’s Impending Heat Stress Standard

    May 30, 2022 —
    There has been much talk in the last several months about OSHA’s intent to establish a national standard to prevent heat-related injury and illness. OSHA’s Region VI, covering the states of Texas, Louisiana, Arkansas, Oklahoma, and New Mexico[1], has had a regional emphasis program dealing with the hazards of heat stress for more than two decades, and much of the talk about a new national standard suggests modeling some aspects of the standard after the Region VI program. Region VI’s long-standing program emphasizes water, rest, and shade; acclimatization; and responding to medical emergencies. In October 2021, OSHA issued its advance notice of proposed rulemaking (ANPRM) for Heat Injury and Prevention. The ANPRM rulemaking established a new Heat Injury and Illness Prevention Work Group within the National Advisory Committee on Occupational Safety and Health (NACOSH.) Read the full story...
    Reprinted courtesy of Stephen E. Irving, Peckar & Abramson
    Mr. Irving may be contacted at sirving@pecklaw.com

    Enerpac Plays Critical Role in Industry-changing Discovery for Long Span Bridges at The University of Nebraska-Lincoln

    April 19, 2022 —
    MENOMONEE FALLS, Wis. (April 18, 2022) – Three years ago when Marc Maguire, assistant professor of construction programs at the University of Nebraska-Lincoln, started investigating a new stranded wire product for bridge girder reinforcing he thought the best strands for bridge construction were the industry standard 7-wire strands. After running a multitude of analyses, Maguire and student researchers found that 19-wire 1-1/8 in. diameter strands outperform the typical 7-wire 1-1/6 in. diameter strands and allow bridges to reach unprecedented lengths. Further tests conducted by the Durham School of Architectural Engineering and Construction with the help of Enerpac hydraulic tools examined the bond strength, force transfer, and development length of the 19-wire strands. "Traditionally, 19-wire strands are not often used in the U.S. because they are not widely available and they are much larger than standard strands," said Maguire. "We wanted to show that there was an alternative option to the common 7-wire strand--one that can perform at the same level, if not better." About Enerpac Enerpac is a global market leader in high pressure hydraulic tools, controlled force products, portable machining, on-site services and solutions for precise positioning of heavy loads. As a leading innovator with a 110-year legacy, Enerpac has helped move and maintain some of the largest structures on earth. When safety and precision matters, elite professionals in industries such as aerospace, infrastructure, manufacturing, mining, oil & gas and power generation rely on Enerpac for quality tools, services and solutions. For more information, visit www.enerpac.com.

    Congratulations to BWB&O Partner John Toohey and His Fellow Panel Members on Their Inclusion in West Coast Casualty’s 2022 Program!

    March 14, 2022 —
    Bremer Whyte Brown & O’Meara is pleased to announce that Newport Beach Partner John Toohey was selected to speak during the West Coast Casualty Conference on Friday, May 13th at 12 PM PST., alongside panel members Al Clarke of Clarke Mediation, Inc., Brett Reuter of Arch Insurance Group, Inc., Kevin Stineman of Hannover Re Services, Inc. and Scott Rembold of Rembold Hirschman To register for the West Coast Casualty Conference, please click here! Mr. Toohey and his fellow speakers will be discussing The Alternative-to-Alternative Dispute Resolution-Arbitration in Construction Matters and Beyond! Unfortunately, many construction projects end in dispute and the parties frequently find themselves in the middle of uncharted territory – arbitration! Join us as we explore the pitfalls, debunk the myths, and discuss the benefits of arbitration in construction disputes. Read the full story...
    Reprinted courtesy of Dolores Montoya, Bremer Whyte Brown & O'Meara LLP

    Attempt to Overrule Trial Court's Order to Produce Underwriting Manual Fails

    April 25, 2022 —
    After being ordered by the trial court to produce its underwriting manual, the insurer's writ of certiorari to quash the order was denied by the Florida Court of Appeals. People's Trust Ins. Co. v. Foster, 2022 Fla. App. LEXIS 542 (Fla. Ct. App. Jan. 26, 2022). The insured sued after his claim for damage caused by a water pipe in his home that leaked. In discovery, the insurer refused to produce its underwriting manual. Ruling on a motion to compel, the trial court ordered that the manual be produced. The insurer appealed. On appeal, the insurer argued its underwriting manual was categorically prohibited in breach of contract cases until and unless bad faith litigation commenced. Although courts had quashed the premature discovery of insurers' business practices, claims files, underwriting files, underwriting manuals, and the like in breach of contract actions, there was no categorical legal rule prohibiting discovery of underwriting manuals in breach of contract cases, especially if they were relevant. Read the full story...
    Reprinted courtesy of Tred R. Eyerly, Damon Key Leong Kupchak Hastert
    Mr. Eyerly may be contacted at te@hawaiilawyer.com

    Court Bars Licensed Contractor From Seeking Compensation for Work Performed by Unlicensed Sub

    June 06, 2022 —
    It all started with a tree. A eucalyptus tree to be exact. What followed is one of the more important cases to be decided under Business and Professions Code section 7031 in recent years. Yes, that Section 7031. The statute variously described by the state’s courts as “harsh[ ],” draconian” and “unjust,” but, importantly, nevertheless valid. Under Section 7031, an unlicensed contractor is barred from seeking compensation for work requiring a contractor’s license. This has been called the “shield.” However, in addition to the “shield,” project owners can also employ Section 7031’s “sword,” and seek disgorgement of all monies paid to an unlicensed contractor. Section 7031’s “shield” and “sword” applies even if the project owner knew that the contractor was unlicensed. They also apply even if the unlicensed contractor’s work was flawless. And they also apply even if a contractor was unlicensed during a portion of its work. This is because, as courts have stated, Section 7031 is a consumer protection statute intended to protect the public from unlicensed contractors and applies irrespective of the equities. Read the full story...
    Reprinted courtesy of Garret Murai, Nomos LLP
    Mr. Murai may be contacted at gmurai@nomosllp.com

    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

    Contractor Gets Benched After Failing to Pay Jury Fees

    April 11, 2022 —
    Trial by jury is a fundamental right under the U.S. and California Constitutions. However, to avail yourself of this right, you not only have to declare that in advance that you intend to try your case to a jury but post jury fees as well. In TriCoast Builders, Inc. v. Fonnegra, a contractor who failed to timely post jury fees, discovered on the day of trial that it waived the right to insist on a jury trial when the defendant pulled an “I gotcha” and waived his right to a jury trial. The TriCoast Case In May 2014, Nathaniel Fonnegra house was damaged by fire. The following month, Fonnegra entered into a construction contract with TriCoast Builders, Inc. to repair the property. Dissatisfied with the work, Fonnegra terminated the contract, and TriCoast in turn filed a complaint against Fonnegra for unpaid work. Read the full story...
    Reprinted courtesy of Garret Murai, Nomos LLP
    Mr. Murai may be contacted at gmurai@nomosllp.com