BERT HOWE
  • Nationwide: (800) 482-1822    
    custom homes Building Consultant Architectural Building Consultant Cushing Texas Texas concrete tilt-up Building Consultant Architectural Building Consultant Cushing Texas Texas high-rise construction Building Consultant Architectural Building Consultant Cushing Texas Texas tract home Building Consultant Architectural Building Consultant Cushing Texas Texas condominiums Building Consultant Architectural Building Consultant Cushing Texas Texas casino resort Building Consultant Architectural Building Consultant Cushing Texas Texas landscaping construction Building Consultant Architectural Building Consultant Cushing Texas Texas housing Building Consultant Architectural Building Consultant Cushing Texas Texas hospital construction Building Consultant Architectural Building Consultant Cushing Texas Texas custom home Building Consultant Architectural Building Consultant Cushing Texas Texas retail construction Building Consultant Architectural Building Consultant Cushing Texas Texas low-income housing Building Consultant Architectural Building Consultant Cushing Texas Texas industrial building Building Consultant Architectural Building Consultant Cushing Texas Texas mid-rise construction Building Consultant Architectural Building Consultant Cushing Texas Texas structural steel construction Building Consultant Architectural Building Consultant Cushing Texas Texas institutional building Building Consultant Architectural Building Consultant Cushing Texas Texas townhome construction Building Consultant Architectural Building Consultant Cushing Texas Texas office building Building Consultant Architectural Building Consultant Cushing Texas Texas parking structure Building Consultant Architectural Building Consultant Cushing Texas Texas Medical building Building Consultant Architectural Building Consultant Cushing Texas Texas production housing Building Consultant Architectural Building Consultant Cushing Texas Texas multi family housing Building Consultant Architectural Building Consultant Cushing Texas Texas
    Architectural Building Consultant Cushing Texas Texas slope failure expert witnessArchitectural Building Consultant Cushing Texas Texas forensic architectArchitectural Building Consultant Cushing Texas Texas defective construction expertArchitectural Building Consultant Cushing Texas Texas fenestration expert witnessArchitectural Building Consultant Cushing Texas Texas delay claim expert witnessArchitectural Building Consultant Cushing Texas Texas consulting general contractorArchitectural Building Consultant Cushing Texas Texas building expert
    Arrange No Cost Consultation
    Building Consultant Builders Information
    Architectural Building Consultant Cushing Texas, 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 Architectural Building Consultant Cushing Texas 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
    Home Builders Association of Greater Dallas
    Local # 4524
    5816 West Plano Pkwy
    Plano, TX 75093

    Architectural Building Consultant Cushing Texas Texas Building Consultant 10/ 10

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

    Architectural Building Consultant Cushing Texas Texas Building Consultant 10/ 10

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

    Architectural Building Consultant Cushing Texas Texas Building Consultant 10/ 10

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

    Architectural Building Consultant Cushing Texas Texas Building Consultant 10/ 10

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

    Architectural Building Consultant Cushing Texas Texas Building Consultant 10/ 10

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

    Architectural Building Consultant Cushing Texas Texas Building Consultant 10/ 10

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

    Architectural Building Consultant Cushing Texas Texas Building Consultant 10/ 10


    Building Consultant News and Information
    For Architectural Building Consultant Cushing Texas Texas


    Performance Bond Primer: Need to Knows and Need to Dos

    Restaurant Wants SCOTUS to Dust Off Eleventh Circuit’s “Physical Loss” Ruling

    California Court of Appeals Says, “We Like Eich(leay)!”

    Dealing with Hazardous Substances on the Construction Site

    Appraisers May Determine Causation

    Ohio Court of Appeals: Absolute Pollution Exclusion Bars Coverage For Workplace Coal-Tar Pitch Exposure Claims

    UK Court Rules Against Bechtel in High-Speed Rail Contract Dispute

    How Long Does a Civil Lawsuit Take?

    Limiting Plaintiffs’ Claims to a Cause of Action for Violation of SB-800

    Liability Insurer’s Duty To Defend Insured Is Broader Than Its Duty To Indemnify

    August Home Prices in 20 U.S. Cities Appreciate at Faster Pace

    Nine Newmeyer & Dillion Attorneys Recognized as Southern California Super Lawyers

    Florida Lien Law and Substantial Compliance vs. Strict Compliance

    The “Up” House is “Up” for Sale

    Hamptons Home Up for Foreclosure That May Set Record

    IoT: Take Guessing Out of the Concrete Drying Process

    Your Contract is a Hodgepodge of Conflicting Proposals

    Coverage for Construction Defect Barred by Contractual-Liability Exclusion

    Industry Standard and Sole Negligence Defenses Can’t Fix a Defect

    Best Lawyers Honors 48 Lewis Brisbois Attorneys, Recognizes Four Partners as 'Lawyers of the Year'

    Contractor Walks Off Job. What are the Owner’s Damages?

    Bats, Water, Soil, and Bridges- an Engineer’s dream

    Does Your 998 Offer to Compromise Include Attorneys’ Fees and Costs?

    If Passed, New Bill AB 2320 Will Mandate Cyber Insurance For State Government Contractors

    Lake Texoma, Texas Condo Case may go to Trial

    Colorado “occurrence”

    24/7 Wall Street Reported on Eight Housing Markets at All-Time Highs

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

    Survey: Workers Lack Awareness of Potentially Hazardous Nanomaterials

    Virtual Jury Trials of Construction Disputes: The Necessary Union of Both Sides of the Brain

    Effective Allocation of Damages for Federal Contract Claims

    Social Engineering Scams Are On the Rise – Do I Have Insurance Coverage for That?

    My Employees Could Have COVID-19. What Now?

    Construction Workers Unearth Bones

    Wildfire Insurance Coverage Series, Part 3: Standard Form Policy Exclusions

    A Closer Look at an HOA Board Member’s Duty to Homeowners

    Manhattan Homebuyers Pay Up as Sales Top Listing Price

    Protect Workers From Falls: A Leading Cause of Death

    California Fire Lawyers File Suit Against PG&E on Behalf of More Than 50 Wildfire Victims

    Arbitrator May Use Own Discretion in Consolidating Construction Defect Cases

    NJ Supreme Court Declines to Review Decision that Exxon Has No Duty to Indemnify Insurers for Environmental Liability Under Prior Settlement Agreement

    A Court-Side Seat: Coal-Fired Limitations, the Search for a Venue Climate Change and New Agency Rules that May or May Not Stick Around

    You Cannot Arbitrate Claims Not Covered By The Arbitration Agreement

    Blackstone to Buy Apartments From Greystar in $2 Billion Deal

    American Council of Engineering Companies of California Selects New Director

    S&P 500 Little Changed on Home Sales Amid Quarterly Rally

    Colorado Supreme Court to Hear Colorado Pool Systems, Inc. v. Scottsdale Insurance Company, et al.

    Contractor Given a Wake-Up Call for Using a "Sham" RMO/RME

    Top 10 Cases of 2019

    Construction Defect Claim Not Timely Filed
    Corporate Profile

    ARCHITECTURAL BUILDING CONSULTANT CUSHING TEXAS TEXAS BUILDING CONSULTANT
    DIRECTORY AND CAPABILITIES

    The Architectural Building Consultant Cushing Texas, 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 Architectural Building Consultant Cushing Texas' 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
    Architectural Building Consultant Cushing Texas, Texas

    Hunton Insurance Group Advises Policyholders on Issues That Arise With Wildfire Claims and Coverage – A Seven-Part Wildfire Insurance Coverage Series

    June 27, 2022 —
    Wildfires destroy millions of acres a year in the United States, spewing smoke across much of the nation. The cost of damage alone over the past several years soars into the hundreds of billions. As wildfires continue to spread, particularly as we enter wildfire season, policyholders’ claims will rise and with that, so too will wildfire insurance coverage issues. Many believe that when a fire damages their property and/or interrupts their business operations, a claim gets submitted and is automatically paid; sadly, this is often not the case. In a seven-part series delving into issues relating to wildfire insurance coverage, the Hunton insurance group provides a comprehensive understanding of the types of policies that may be available, legal and factual issues that may arise, and steps policyholders can take – both in advance and during the claims process – to maximize recovery. The following issues will be addressed:
    • Part One: Types of Wildfire-Related Losses and the Policies That May Provide Coverage
    • Part Two: Coverage for Smoke-Related Damages
    • Part Three: Standard Form Policy Exclusions
    • Part Four: Coverage for Supply Chain Related Losses
    • Part Five: Valuation of Loss, Sublimits, and Amount of Potential Recovery
    • Part Six: Ensuring Availability of Insurance and State Regulations
    • Part Seven: How to Successfully Prepare, Submit and Negotiate the Claim
    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...

    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 sarag@whiteandwilliams.com

    Congratulations 2022 DE, MA, NJ, NY and PA Super Lawyers and Rising Stars

    August 03, 2022 —

    Twelve White and Williams lawyers have been named by Super Lawyers as a Delaware, Massachusetts, New Jersey, New York or Pennsylvania "Super Lawyer" while eleven received "Rising Star" designations. Lawyers are selected through a process that takes into consideration peer recognition and professional achievement. The lawyers named to this year’s list represent a multitude of practices throughout the firm.

    Super Lawyers 2022

    AttorneyPractice Area
    John Balaguer PI Defense: Med Mal
    David Chaffin Business Litigation
    Eric Hermanson Insurance Coverage
    Michael Kassak General Litigation
    Bridget La Rosa Estate Planning and Probate
    Randy Maniloff Insurance Coverage
    David Marion Business Litigation
    Wesley Payne Insurance Coverage
    Patricia Santelle Insurance Coverage
    Jay Shapiro Criminal Defense: White Collar
    Heidi Sorvino Bankruptcy: Business
    Andrew Susko Civil Litigation: Defense
    Read the full story...
    Reprinted courtesy of White and Williams LLP

    As Natural Gas Expands in Gulf, Residents Fear Rising Damage

    July 11, 2022 —
    Lake Charles, Louisiana (AP) -- The front lawn of Lydia Larce’s home is strewn with debris: Remnants of cabinets and chunks of pink shower marble lie between dumpsters. She lives in a FEMA trailer out back, her home in shambles more than a year after Hurricane Laura tore through Lake Charles. Larce, like many in Southwest Louisiana, has what she calls “storm PTSD.” Tornado warnings trigger anxiety. She fidgets and struggles to sleep. "The fear and the unknown — it has me on an edge,” Larce said. “I’m scared.” A string of devastating hurricanes has torn through this region in recent years. Nationally, too, there have been more Category 4 and 5 hurricane landfalls in the past five years than in the previous 50 years combined. Larce and her neighbors know they are on the front lines of climate change. Her region is now the epicenter of a trend that she fears will make those disasters even more destructive. Developers plan to build a series of liquefied natural gas export facilities across Southwest Louisiana, already the heart of the industry. Even in a state with a heavy industrial base, these facilities are among the largest emitters of greenhouse gases in Louisiana. Read the full story...
    Reprinted courtesy of Bloomberg

    Construction Defect Claims are on the Rise Due to Pandemic-Related Issues

    April 25, 2022 —
    According to a recent New York Times article, pandemic-related issues such as “stop-and-start construction, global supply chain issues, pressure from lenders and yo-yoing housing prices” has caused an increase in construction defect suits for new apartment developments: “Complaints and legal claims are already emerging, signaling that a confluence of all factors amid the Covid crisis could continue to be a problem for new construction — from entry-level studios to top-tier penthouses — for years to come, according to lawyers and development consultants.” A Times analysis of Department of Buildings data by Marketproof demonstrated an increase in complaints beginning March 1st, 2020: “During the first year of the pandemic, new residential buildings recorded an average of five complaints per building, a 46 percent jump from the same period the previous year.” Steven D. Sladkus, a partner at Schwartz Sladkus Reich Greenberg Atlas told the Times that his “'phone’s been ringing off the hook' with complaints from homeowners in new condo buildings” regarding “heating problems, poor sound insulation, fire safety issues and faulty elevators.” Developers have faced a variety of pandemic-related challenges including a disrupted supply chain, shut downs, shipping delays, labor shortages, and increased material prices. In 2020, the lack of availability of vaccines caused some construction to halt: “Suddenly one guy calls in sick and the whole crew of electricians can’t show up,” Steven Zirinsky, co-chair of the building codes committee at the New York chapter of the American Institute of Architects told the Times.

    Just Because You Allege There Was an Oral Contract Doesn’t Mean You’re Off the Hook for Attorneys’ Fees if you Lose

    March 28, 2022 —
    There’s certain things in life you shouldn’t mix. Like drinking and driving. Bleach and ammonia. Triple dog dares and frozen poles. And angry lawyers and litigation. In Spahn v. Richards, Case No. A159495 (November 30, 2021), angry lawyer Jeffrey Spahn sued general contractor Dan Richards claiming that Richards orally agreed to build Spahn’s million dollar plus house for $515,000. Not only did Spahn not recover anything from Richards, he ended up owing Richards $239,171 in attorney’s fees and costs, after he denied a request for admission asking that he admit that there was no oral contract. The Spahn Case In 2017, Spahn filed suit against Richards for breach of oral contract, breach of implied covenant of good faith and fair dealing, and promissory estoppel. According to Spahn, he met Richards in June 2015 and the two reached an agreement whereby Richards agreed to demolish Spahn’s house for $12,500 and build a new one for $515,000. Further according to Spahn, Richards agreed to this “fixed price” “oral contract” in June 2015, and then, on July 1, 2015, Richards “confirmed and agreed that he would perform the construction project” for $515,000 and would complete construction by May 2016. Read the full story...
    Reprinted courtesy of Garret Murai, Nomos LLP
    Mr. Murai may be contacted at gmurai@nomosllp.com

    California Supreme Court Rejects Third Exception to Privette Doctrine

    July 03, 2022 —
    Walnut Creek, Calif. (May 25, 2022) - In Gonzalez v. Mathis (August 19, 2021) 12 Cal. 5th 29, the California Supreme Court considered whether to create a third exception to the Privette Doctrine specific to known hazards on a worksite, when a contractor cannot remedy the hazard by taking reasonable safety precautions to protect against it. Privette Background Under the Privette Doctrine, the hirer of an independent contractor generally cannot be liable for injuries sustained by the independent contractor or its employees while on the job. This is due to the “strong presumption” that the hirer delegates all responsibility for workplace safety to the independent contractor. See Privette v. Superior Court (1993) 5 Cal. 4th 689. Since the Privette ruling in 1993, the California Supreme Court has identified two circumstances in which the presumption may be overcome. First, the hirer may be liable when it retains control over any part of the independent contractor’s work and negligently exercises that retained control in a manner that affirmatively contributes to the injury. Hooker v. Dept. of Transportation (2002) 27 Cal. 4th 198, 213. Second, a landowner who hires an independent contractor may be liable if the landowner knew, or should have known, of a concealed hazard to the property that the contractor did not know of and could not have reasonably discovered, and the landowner failed to warn the contractor of the hazard. Kinsman v. Unocal Corp. (2005) 37 Cal. 4th 659, 664. Here, in the Gonzalez case, the court considered whether a landowner could be liable for known hazards on the property. Read the full story...
    Reprinted courtesy of Lewis Brisbois