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    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.”


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    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

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

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

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

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    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
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    Coverage, Bad Faith Upheld In Construction Defect Case

    WA Supreme Court Allows Property Owner to Sue Engineering Firm for Lost Profits

    No Duty to Defend Under Pollution Policy

    Connecticut Court Finds Anti-Concurrent Causation Clause Enforceable

    Five Frequently Overlooked Points of Construction Contracts

    DRCOG’s Findings on the Impact of Construction Defect Litigation Have Been Released (And the Results Should Not Surprise You)

    EPA Announces that January 2017 Revised RMP Rules are Now Effective

    UPDATE - McMillin Albany LLC v. Superior Court

    Hurricane Handbook: A Policyholder's Guide to Handling Claims during Hurricane Season

    The Insurance Coverage Debate on Construction Defects Continues

    Dealing with Abandoned Property After Foreclosure

    City Wonders Who’s to Blame for Defective Wall

    A Few Green Building Notes

    The Association of Southern California Defense Counsel (ASCDC) and the Construction Defect Claims Managers Association (CDMA) Annual Construction Defect Seminar

    Nevada Budget Remains at Impasse over Construction Defect Law

    Contractors: Consult Your Insurance Broker Regarding Your CGL Policy

    Subcontractor Exception to Your Work Exclusion Paves the Way for Coverage

    Settlement Conference May Not Be the End in Construction Defect Case

    Construction Bright Spot in Indianapolis

    Canada Cooler Housing Market Boosts Poloz’s Soft Landing

    Homebuilders Call for Housing Tax Incentives

    Connecticut Supreme Court Again Asked to Determine the Meaning of Collapse

    South Carolina Homeowners May Finally Get Class Action for Stucco Defects

    Am I Still Covered Under the Title Insurance Policy?

    Concerns Over Unstable Tappan Zee Bridge Push Back Opening of New NY Bridge's Second Span

    Providing Notice of Claims Under Your Construction Contract

    Don’t Get Caught Holding the Bag: Hold the State Liable When General Contractor Fails to Pay on a Public Project.

    Washington Court of Appeals Upholds Standard of Repose in Fruit Warehouse Case

    Builder’s Risk Coverage—Construction Defects

    Terminating Contracts for Convenience — “Just Because”

    Affordable Housing should not be Filled with Defects

    Recommendations for Property Owners After A Hurricane: Submit a Claim

    Understanding the Details: Suing Architects and Engineers Can Get Technical

    Fatal Crane Collapse in Seattle Prompts Questions About Disassembly Procedures

    A Relatively Small Exception to Fraud and Contract Don’t Mix

    New Jersey Appellate Court Reinstates Asbestos Action

    Fix for Settling Millennium Tower May Start This Fall

    Michigan: Identifying and Exploiting the "Queen Exception" to No-Fault Subrogation

    COVID-19 Response: Executive Order 13999: Enhancement of COVID-19-Related Workplace Safety Requirements

    Florida Adopts Daubert Standard for Expert Testimony

    Fourth Circuit Issues New Ruling on Point Sources Under the CWA

    “I Didn’t Sign That!” – Applicability of Waivers of Subrogation to Non-Signatory Third Parties

    Wisconsin “property damage” caused by an “occurrence.”

    Addressing Safety on the Construction Site

    Do We Need Blockchain in Construction?

    Bought a New Vacation Home? I’m So Sorry

    Facebook Posts “Not Relevant” Rules Florida Appeals Court

    A Recap of the Supreme Court’s 2019 Summer Slate

    “Based On”… What Exactly? NJ Appellate Division Examines Phrase and Estops Insurer From Disclaiming Coverage for 20-Month Delay

    Harmon Tower Demolition on Hold
    Corporate Profile

    FLOORING BUILDING CONSULTANT CUSHING TEXAS TEXAS CONSTRUCTION EXPERT WITNESS CONSTRUCTION LITIGATION SUPPORT TEXAS BUILDING CONSULTANT
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    The Flooring Building Consultant Cushing Texas Texas construction expert witness construction litigation support, 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 Flooring Building Consultant Cushing Texas Texas construction expert witness construction litigation support'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.

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    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

    Property Owners Sue San Francisco Over Sinking Sidewalks

    June 20, 2022 —
    Residents of the Mission Bay neighborhood seek “to hold the City of San Francisco responsible for raising up the sinking sidewalks” reported KRON 4. The suit alleges that the city should shoulder the responsibility for the necessary work needed for the infrastructure. Historically, “the neighborhood around the Chase Center east of Interstate 280 was part of the bay,” according to SF Gate. Later, “the area was filled with dirt and rock and further filled with rubble after the 1906 earthquake.” In 1998, further development took place. All of the “new occupied buildings in Mission Bay, such as the UCSF campus, the Chase Center and the 6,000 residential units there, are anchored into the bedrock," but "the sidewalks, streets and parks are not, and that's a problem.” "We're not asking for a handout; we're asking for a hand. We want them to step forward and make the repairs that they can actually implement," Scott Mackey, Partner at Berding | Weil, told CBS News. "Everyone understood that it's built on fill and built in an area where there would be some settlement. But, there also is an expectation that when the city turns over the infrastructure that that homeowners and property owners have to maintain, is that it's built correctly - that they're able to maintain it. The homeowners cannot continually chase the differential movement.” Read the full story at KRON 4... Read the full story at SF Gate... Read the full story at CBS News...

    Wildfire Insurance Coverage Series, Part 2: Coverage for Smoke-Related Damages

    July 03, 2022 —
    For many policyholders, smoke emanating from wildfire causes as much if not more damage than the fire itself. In this post in the Blog’s Wildfire Insurance Coverage Series, we discuss damages caused by smoke emanating from wildfires. Some insurers argue that policies are limited to fire damage to the insured property and do not include smoke damage associated with nearby fires. A treatise frequently cited by insurers states otherwise: “The concept that fire insurance covers non-fire damage which is the proximate result of fire finds application also when the fire occurs on other property and causes harm to the insured property. In such case, the harm to the insured property, even though it is a non-fire harm, has long been recognized to be the result of fire, and, therefore, within the policy coverage.”[1] Reprinted courtesy of Scott P. DeVries, Hunton Andrews Kurth and Yosef Itkin, Hunton Andrews Kurth Mr. DeVries may be contacted at sdevries@HuntonAK.com Mr. Itkin may be contacted at yitkin@HuntonAK.com Read the full story...

    Pennsylvania Federal Court Finds No Coverage For Hacking Claim Under E&O Policy

    July 25, 2022 —
    On June 9, 2022, the U.S. District Court for the Eastern District of Pennsylvania held, on summary judgment, that an insured was not entitled to coverage under a Professional Errors and Omissions (E&O) policy for loss allegedly resulting from a hacking incident. See Construction Fin. Admin. Servs., Inc. v. Federal Ins. Co., No. 19-0020, 2022 U.S. Dist. LEXIS 103042 (E.D. Pa. June 9, 2022). Applying North Carolina and Pennsylvania law, the court reasoned that: (1) coverage was barred by the policy’s unauthorized computer access, or “breach,” exclusions; and (2) the insured violated a condition in the policy that required the insurer’s consent to settlements and the violation prejudiced the insurer. The insured, Construction Financial Administration Services, Inc. (CFAS), was a third-party fund administrator for construction contractors. In April 2018, the CFAS received email requests from what it believed to be one of its clients, SWF Constructors (SWF), to disburse $1.3 million from an SWF account to a foreign company. CFAS authorized the payments, despite not having received a copy of any executed agreement between SWF and the foreign company. After the funds were disbursed, SWF advised that it had not authorized or requested the payments to the foreign company. In response, CFAS placed approximately $1.2 million of recovered and borrowed funds into the SWF disbursement account. SWF then sent a letter advising CFAS that the requests from the foreign company did not include documentation required under the contract between SWF and CFAS. It was later determined that the emails had been initiated by a fraudster who had gained unauthorized access to the sender’s email account. Reprinted courtesy of Celestine Montague, White and Williams LLP and Paul A. Briganti, White and Williams LLP Ms. Montague may be contacted at montaguec@whiteandwilliams.com Mr. Briganti may be contacted at brigantip@whiteandwilliams.com Read the full story...

    Mediation in the Zero Sum World of Construction

    September 26, 2022 —
    Construction is a zero sum game. What do I mean by that? I mean that even where you, a construction professional with a great construction lawyer, have reviewed and edited a subcontract presented to you or provided a well-drafted contract to the other party that contains an attorney fees provision, every dollar that you spend on litigation is a dollar less of profit. Couple the fact that no construction company can or should bid or negotiate work with an eye toward litigation (aside from having a well written contract that will be enforced to the letter here in Virginia). Particularly on “low bid” type projects, contractors and subcontractors cannot “pad” their bids to take into account the possibility of attorney fees, arbitration, or litigation. Furthermore, the loss of productivity when your “back office” personnel are tied up dealing with discovery, phone calls, and other incidents of litigation that do nothing but rehash a bad project and increase the expense sap money from the bottom line. While the possibility of a judgment including attorney fees may soften this blow, you are still out the cash. All of this said, if you are in commercial construction for any significant period of time disputes will arise and I have discussed the process in some detail at other places here at Construction Law Musings. As a construction litigator, I am fully aware of this fact of life. Efficient management of these disputes is key, particularly when they escalate to the point where some form of outside “help” (read arbitrator or judge) is necessary. Read the full story...
    Reprinted courtesy of The Law Office of Christopher G. Hill
    Mr. Hill may be contacted at chrisghill@constructionlawva.com

    Insurer's Motion for Summary Judgment on Business Interruption Claim Denied

    September 12, 2022 —
    The insurer's motion to cap a potential business interruption claim after the insured failed to provide documentation was denied. Lake Charles Instruments Inc. v. Scottsdale Ins. Co., 2022 U.S. Dist. LEXIS 116802 (W.D. La. July 2, 2022). Plaintiff operated a business that was damaged during Hurricane Laura on August 27, 2020, and subsequently by Hurricane Delta on October 9, 2020. Plaintiff had a commercial property policy issued by Scottsdale that provided business income coverage of up to $500,000. After Hurricane Laura, plaintiff submitted a claim. Plaintiff requested an advance. Scottsdale paid $50,000 on the business interruption (BI) claim while reserving rights to require full compliance with the policy, including submission of appropriate documentation. Scottsdale continued to request documentation, but none was received. Plaintiff also failed to provide documentation for its BI claim after Hurricane Delta. When documentation was finally provided, Scottsdale disputed that the documentation showed a BI claim that exceeded policy limits. Scottsdale determined the BI claim was below the policy limits. Read the full story...
    Reprinted courtesy of Tred R. Eyerly, Damon Key Leong Kupchak Hastert
    Mr. Eyerly may be contacted at te@hawaiilawyer.com

    Truck Hits Warning Beam That Falls, Kills Motorist at Las Vegas Bridge Project

    July 11, 2022 —
    A truck carrying an oversized load in northwest Las Vegas on Friday struck a steel beam near a bridge construction site, sending the beam crashing onto a following vehicle and killing its driver, according to the Nevada Dept. of Transportation. Reprinted courtesy of Doug Puppel, Engineering News-Record ENR may be contacted at enr@enr.com Read the full story...

    Unintended Consequences of New Building Products and Services

    April 19, 2022 —
    As home builders throughout the United States are grappling with building material price surges, and shortages or delays for certain orders, many are exploring alternatives products to complete or start projects. For example, according to a recent article, some builders are constructing homes from natural materials such as rammed earth, adobe brick, and volcanic rock. In addition to being readily available on site there may be heating and cooling benefits due to the natural insulation provided by these materials. The article cautions, however, that using these alternative materials may come with added challenges such as higher costs due to a need for skilled labor, delays by home inspectors who may be unfamiliar with the techniques and methods of construction, and energy consultants who might have difficulty calculating the value of homes with these materials. See Home Builders Are Turning to Natural Materials to Get Around Supply Chain Problems; There are advantages to buying homes made with natural materials, but expect to pay a premium, Alanna Schubach, Mansion Global (March 25, 2022). Another caution, not addressed in the article, however, but one that should be heeded by builders considering alternative materials, is the unintended consequences that might result from using alternative products, whether they are natural products or any others. The long-term effects of material use should not be ignored. For instance, it has been reported that earthen materials are known to contain numerous organic substances and can also harbor mold. It was not too long ago that mold was a high liability issue for builders and property owners. Similarly, the use of rapidly renewable materials - products that can be produced naturally and quickly from nature - is a key component of green building. They are also cellulose or carbohydrate-based products and as such are typically optimal food sources for mold in the presence of moisture. To avoid mold, it is important to understand the relationship between construction materials and their susceptibility to mold in the presence of moisture. “Buildings will never be designed, built, maintained, or utilized perfectly; and weather and natural disasters cannot be predicted. The one thing we can have complete control over, the materials within the building, should be selected wisely.” See Mold Susceptibility of Rapidly Renewable Building Materials Used in Wall Construction, AM Cooper, Master's thesis, Texas A&M University (2007) (Samples of wool, cork, straw, and cotton-- rapidly renewable materials used as exterior wall insulation products--were exposed to different moisture amounts in an encapsulated environment, representing the environment within a wall cavity when exposed to water from pipes, leaks, condensation and absorption, or from initial construction. The samples were monitored over time for mold growth). Mold-related issues are just one example of the potential for unintended consequences from the use of alternative materials. Carefully reviewing building material choices in advance may help eliminate non-conforming building materials, returns and possibly disputes. NAHB has developed a guide, Assessing Building Materials, for builders who may not have their own review process for gathering information from manufacturers and distributors when considering the selection of new building materials. The guide is intended to arm members with the most important factor when evaluating new materials or products: information. Use the guide to step through the information collection process to make an informed decision on deploying new products or materials. The guide is not intended to be exhaustive or all-inclusive, but it will help builders ask the right questions and seek the most relevant information. Copyright © 2022 by the National Association of Home Builders of the United States. All rights reserved. Reprinted courtesy of David S. Jaffe, NAHB
    Mr. Jaffe may be contacted at DJaffe@nahb.org