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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

    Construction site Building Consultant Flooring Building Consultant Cushing Texas Texas Texas Building Consultant 10/ 10

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

    Construction site Building Consultant Flooring Building Consultant Cushing Texas Texas Texas Building Consultant 10/ 10

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

    Construction site Building Consultant Flooring Building Consultant Cushing Texas Texas Texas Building Consultant 10/ 10

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

    Construction site Building Consultant Flooring Building Consultant Cushing Texas Texas Texas Building Consultant 10/ 10

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

    Construction site Building Consultant Flooring Building Consultant Cushing Texas Texas Texas Building Consultant 10/ 10

    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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    Conspirators Bilked Homeowners in Nevada Construction Defect Claims

    Consulting Firm Indicted and Charged with Falsifying Concrete Reports

    Florida extends the Distressed Condominium Relief Act

    Wait! Don’t Sign Yet: Reviewing Contract Protections During the COVID Pandemic

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    How Small Mistakes Can Have Serious Consequences Under California's Contractor Licensing Laws.

    U.S. Government Bans Use of Mandatory Arbitration Agreements between Nursing Homes and Residents, Effective November 28, 2016

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    Quick Note: Can a Party Disclaim Liability in their Contract to Fraud?

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    CONSTRUCTION SITE BUILDING CONSULTANT FLOORING BUILDING CONSULTANT CUSHING TEXAS TEXAS TEXAS BUILDING CONSULTANT
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    Leveraging from more than 7,000 construction defect and claims related expert witness designations, the Construction site Building Consultant Flooring Building Consultant Cushing Texas Texas, Texas Building Consultant Group provides a wide range of trial support and consulting services to Construction site Building Consultant Flooring Building Consultant Cushing Texas Texas' most acknowledged construction practice groups, CGL carriers, builders, owners, and public agencies. Drawing from a diverse pool of construction and design professionals, BHA is able to simultaneously analyze complex claims from the perspective of design, engineering, cost, or standard of care.

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    Amazon Urged to Review Emergency Plans in Wake of Deadly Tornado

    June 20, 2022 —
    Amazon.com Inc. should better prepare workers for extreme weather events, according to federal regulators who investigated a deadly tornado strike on a company warehouse in Edwardsville, Illinois. The storm ripped through the facility in December, killing six workers and injuring several others, prompting the Occupational Safety and Health Administration to launch a probe. At the time, Amazon said the facility complied with all construction regulations and that proper safety procedures were followed when the tornado struck. But several workers told Bloomberg that training for such events was minimal and mostly entailed pointing out emergency exits and assembly points. An OSHA report released on Tuesday echoed those concerns. The agency said a bullhorn that was supposed to be used to tell workers to take cover was locked up in a cage and inaccessible. In interviews with investigators, some employees couldn’t recall ever participating in emergency drills and said they mistakenly took shelter in a bathroom on the south side of the building rather than in designated restrooms on the north side. Read the full story...
    Reprinted courtesy of Spencer Soper, Bloomberg

    Industrialized Construction News 7/2022

    August 15, 2022 —
    The AEC Business newsletter’s Industrialized Construction edition in July featured the following news stories: The Pros and Cons of Offsite Construction – A French Research Study The study is titled The current use of industrialized construction techniques in France: Benefits, limits and future expectations. The authors are Emna Attouri, Zoubeir Lafhaj, Laure Ducoulombierb and Bruno Linéatte. Read more Rise of the machines? For Construction, Not Yet Matthew Thibault’s article examines the opportunities and challenges of construction robotics. Robots can improve safety and productivity, but the ROI is still unclear to many contractors. Read more Read the full story...
    Reprinted courtesy of Aarni Heiskanen, AEC Business
    Mr. Heiskanen may be contacted at aec-business@aepartners.fi

    Labor Intensive

    May 10, 2022 —
    In 2020, the United States saw a significant decrease in non-fatal workplace injuries, which dropped to 2.1 million from 2.8 million the year before. While the precise extent to which this reduction in workplace injuries is attributable to COVID-19 is unknown, the pandemic was undoubtedly a significant factor. It is also unclear to what extent the pandemic affected the number and rate of workplace incidents in 2021 or might continue to do so in 2022 and beyond. However, it is reasonable to expect that, as pandemic-related restrictions are removed and life returns to normal, the construction industry will revert to pre-pandemic employment levels and beyond. It is also reasonable to conclude that, once that level of recovery is attained, the number and rate of both fatal and non-fatal workplace incidents will increase substantially. Even with the significant reduction in the overall number of workplace injuries in 2020, the United States still saw nearly 8,000 construction workers miss at least one day of work due to an injury sustained on the job, according to the U.S. Bureau of Labor Statistics (BLS). And, despite construction accounting for just 6% of jobs, BLS reports that construction-related incidents account for 20% of workplace deaths, or three every day. This one-fifth share of workplace fatalities makes construction the third-deadliest industry in the United States. Reprinted courtesy of Neil Flynn, Construction Executive, a publication of Associated Builders and Contractors. All rights reserved. Read the full story...
    Mr. Flynn may be contacted at nf@plattalaw.com

    New York's Highest Court Says Asbestos Causation Requires Evidence Of Sufficient Exposure To Sustain Liability

    May 10, 2022 —
    On April 26, 2022, the New York Court of Appeals described that in toxic tort cases a plaintiff can only establish liability-creating causation for an adverse health effect with “expert testimony based on generally accepted methodologies.” See Francis Nemeth v. Brenntag North America (N.Y. Apr. 26, 2022). The suit involved alleged asbestos exposure from talc. The plaintiff alleged liability for talc contaminated with asbestos that was ultimately used in a commercial talcum powder, Desert Flower, which the decedent applied daily from 1960 to 1971. At trial, the plaintiff proffered two expert witnesses, a geologist, Sean Fitzgerald, who testified about the “glove box test” and a doctor of internal medicine, Dr. Jacqueline Moline. Fitzgerald’s glove box test consisted of agitating a sample of Desert Flower in a Plexiglas chamber. Fitzgerald concluded that the asbestos fibers in the sample of Desert Flower were “significantly releasable” and that the decedent was exposed to thousands to trillions of fibers through repeated use. Dr. Moline concluded Desert Flower was “a substantial contributing factor” to the decedent’s peritoneal mesothelioma. The jury returned a verdict in the plaintiff’s favor. Reprinted courtesy of Rafael Vergara, White and Williams and Jhonattan N. Gonzalez, White and Williams Mr. Vergara may be contacted at vergarar@whiteandwilliams.com Mr. Gonzalez may be contacted at gonzalezj@whiteandwilliams.com Read the full story...

    A Brief Discussion – Liquidating Agreements

    June 27, 2022 —
    During a construction project, it is not uncommon for disputes to arise between a general contractor and a subcontractor. Frequently, these disputes involve claims for extra work and delay damages that can be attributed to the owner of the project due to deficient design or unforeseen conditions. When these occasions arise, the parties can often resolve these claims without the need for litigation or arbitration by entering into a “liquidating agreement.” What is a Liquidating Agreement? Because there is no direct contractual relationship between a subcontractor and an owner, there does not exist a legal basis for a subcontractor to assert a breach of contract claim against a project owner. In legal parlance, this is known as “lack of contractual privity.” A liquidating agreement bridges this contractual gap and allows a subcontractor to pass its claim against the owner through the general contractor. Essentially, with a liquidating agreement, the general contractor acts as a conduit for passing through the subcontractor’s claim. Read the full story...
    Reprinted courtesy of Gerard J. Onorata, Peckar & Abramson, P.C.
    Mr. Onorata may be contacted at gonorata@pecklaw.com

    Recent Amendments and Caselaw Affecting the Construction Industry in Texas

    April 19, 2022 —
    Here are some recent Texas legislative amendments and Texas Supreme Court cases from the past year concerning the construction industry in Texas. 1) Recent Legislative Amendments Concerning the Construction Industry: a) The Texas Legislature throws a “Spear” in the Lonergan Doctrine to reduce general/subcontractor liability for owner-provided plans and specs: Forty-nine out of the fifty states follow the Spearin Doctrine under which owners warrant the accuracy and sufficiency of owner-provided plans and specs in construction contracts. On the other hand, for over a century, Texas has followed the Lonergan Doctrine under which, absent contractual language to the contrary, a general contractor/subcontractor, instead of the owner, bears the risk of deficiencies in owner-provided design documents, once they started construction. Texas Senate Bill 219, which went into effect on September 1, 2021, finally changed that and brought Texas in line with the rest of the country, with a few exceptions. Read the full story...
    Reprinted courtesy of Frederick H. Wen, Gordon Rees Scully Mansukhani, LLP
    Mr. Wen may be contacted at fhwen@grsm.com

    Quick Note: Can a Party Disclaim Liability in their Contract to Fraud?

    April 11, 2022 —
    It is possible for a party to contractually disclaim or otherwise foreclose liability to a fraud claim. However, let’s be honest. It can be done, but rarely is and would require very specific language to EXPLICITLY disclaim or foreclose such liability to a fraud claim. A recent case, discussed here, exemplifies this point where as-is language in a purchase-and-sale agreement was NOT specific to contractually foreclose or disclaim liability to a fraud claim. For a party to contractually waive a fraud claim, there needs to be an express waiver of liability for fraud that might have been made and that any fraudulent misrepresentation, if such fraud was committed, was disclaimed and would not destroy the validity of the parties’ contract. Read the full story...
    Reprinted courtesy of David Adelstein, Kirwin Norris, P.A.
    Mr. Adelstein may be contacted at dma@kirwinnorris.com

    Some Coastal Cities Are Sinking Even Faster Than Seas Are Rising

    June 20, 2022 —
    Rising seas have long been a threat to coastal cities. New research suggests that cities—particularly in Asia—are sinking as well, compounding the risks of frequent and severe flooding. In Karachi, land is sinking five times as fast as the sea level is rising, according to the study published this month in Geophysical Research Letters. Manila and Chittagong, Bangladesh’s second-largest city, are sinking at 10 times the rate of the rising waters. In China’s Tianjin, a coastal city about 150 kilometers southeast of Beijing, the ground is giving way at 20 times that speed. In those four cities alone, the phenomenon could affect roughly 59 million residents. Read the full story...
    Reprinted courtesy of Ditas B Lopez, Bloomberg