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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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    Guidelines General contracting Building Consultant Flooring Building Consultant Cushing Texas Texas 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

    General contracting 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

    General contracting 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

    General contracting 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

    General contracting 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

    General contracting 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

    General contracting Building Consultant Flooring Building Consultant Cushing Texas Texas Texas Building Consultant 10/ 10

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

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    Another Colorado City Passes Construction Defects Ordinance

    California Booms With FivePoint New Schools: Real Estate

    Defective Sprinklers Not Cause of Library Flooding

    Preserving your Rights to Secure Payment on Construction Projects (with Examples)

    Insurer Entitled to Reimbursement of Defense Costs Under Unjust Enrichment Theory

    A Look at Business and Professions Code Section 7031

    Atlantic City Faces Downward Spiral With Revel’s Demise

    Partner Yvette Davis Elected to ALFA International’s Board of Directors

    Mixed Reality for Construction: Applicability and Reality

    Exculpatory Provisions in Business Contracts

    Colorado Court of Appeals Defines “Substantial Completion” for Subcontractors’ Work so as to Shorten the Period of Time in Which They Can Be Sued

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    Why You May Not Want a Mandatory Mediation Clause in Your Construction Contract

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    Detroit Showed What ‘Build Back Better’ Can Look Like

    Ensuing Losses From Faulty Workmanship Must be Covered

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    GENERAL CONTRACTING BUILDING CONSULTANT FLOORING BUILDING CONSULTANT CUSHING TEXAS TEXAS TEXAS BUILDING CONSULTANT
    DIRECTORY AND CAPABILITIES

    The General contracting Building Consultant Flooring Building Consultant Cushing Texas 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. Leveraging from this considerable body of experience, BHA provides construction related trial support and expert services to General contracting Building Consultant Flooring Building Consultant Cushing Texas 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.

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    Differing Site Conditions: What to Expect from the Court When You Encounter the Unexpected

    September 05, 2022 —
    [1]Seattle Tunnel Partners (“STP”), a joint venture of Dragados USA and Tutor Perini, entered into a $1.4 billion contract with the Washington State Department of Transportation (“WSDOT”) to replace the Highway 99 viaduct. In December 2013, a tunnel boring machine (“TBM”) bearing the moniker “Bertha,” then the largest TBM ever built, measuring 425 feet long and 57 feet in diameter, struck an underground pipe. Shortly after the impact, Bertha overheated and eventually could no longer make forward progress. A massive repair effort ensued causing a 2.5-year delay in reaching substantial completion. WSDOT sued STP for the delay, seeking liquidated damages of $57 million. In response, STP argued its delay was excusable because it was caused by Bertha’s impact with the pipe, and the steel well casing was a Differing Site Condition (DSC) undisclosed in the contract documents. STP asserted counterclaims against WSDOT, alleging breach of contract and seeking $300 million in damages. Ultimately, a jury found that the steel well casing on the pipe was not a DSC, foreclosing STP’s excusable delay defense and counterclaims, and resulting in a $57 million verdict, plus interest, in favor of WSDOT. Read the full story...
    Reprinted courtesy of Margarita Kutsin, Ahlers Cressman & Sleight
    Ms. Kutsin may be contacted at margarita.kutsin@acslawyers.com

    Cal/OSHA-Approved Changes to ETS Will Take Effect May 6, 2022

    May 16, 2022 —
    A new, third revised version of the Cal/OSHA COVID-19 Prevention Emergency Temporary Standards (“ETS”) has been approved by Cal/OSHA, and is expected to go into effect on May 6, 2022. This updated ETS will likely be in effect through Dec. 31, 2022. The language still needs to be reviewed, finalized, and filed with the Secretary of State by the Office of Administrative Law, but a redline of the proposed changes that Cal/OSHA has approved is available here. Much of the previous ETS (which took effect in January 2022, and we discussed here) will remain in effect. But the new version includes some key changes, including the following:
    • Employers will now have similar obligations toward employees who are fully vaccinated and employees who are not fully vaccinated with respect to testing and face coverings. Employers must make COVID-19 testing available at no cost to all symptomatic employees during the employee’s paid time, regardless of the employee’s vaccination status. Employers also must make respirators available to all employees upon request, again regardless of the employee’s vaccination status.
    Reprinted courtesy of Matthew C. Lewis, Payne & Fears and Nicole R. Kardassakis, Payne & Fears Mr. Lewis may be contacted at mcl@paynefears.com Ms. Kardassakis may be contacted at nrk@paynefears.com Read the full story...

    Insurer in Bad Faith Due to Adjuster's Failure to Keep Abreast of Case Law

    June 13, 2022 —
    The federal district court found that the insurer acted in bad faith when the claim was denied based on the adjuster's lack of knowledge of recent case law in Washington. Sec. Nat'l Ins. Co. v. Constr. Assocs. of Spokane, 2022 U.S. Dist. LEXIS 53533 (E.D. Wash. March 24, 2022). Construction Associates of Spokane was a general contractor hired for a project at the Paulsen Building in Spokane. Construction Association hired a subcontractor, Merit Electric, for whom Mark Wilson worked. Wilson was seriously injured on August 20, 2016. He sued the Construction Associates along with other defendants three years later. Construction Associates tendered to Merit Electric's broker, Alliant Insurance Services, Inc. Alliant forward the tender to Security National. The tender letter included a certificate of insurance issued by Alliant to Contractor Associates on September 3, 2019 and the subcontract with Merit. The subcontract required Merit to maintain CGL coverage with limits of $1 million. Further, the subcontractor was to issue certificate of insurance to the Contractor. Read the full story...
    Reprinted courtesy of Tred R. Eyerly, Damon Key Leong Kupchak Hastert
    Mr. Eyerly may be contacted at te@hawaiilawyer.com

    Prior Occurrence Exclusion Bars Coverage for Construction Defects

    April 11, 2022 —
    While the insured's faulty work constituted an occurrence under Florida law, a prior occurrence exclusion barred coverage. Pro-Tech Caulking & Waterproofing v. TIG Ins. Co., 2022 U.S. Dist. LEXIS 12319 (S.D. Fla. Jan. 19, 2022). Pro-Tech was a waterproofing subcontractor for construction of a oceanfront condominium building and was responsible for the installation of waterproofing systems on the Project. Pro-Tech entered into a separate contract with the developer, BRE Point Parcel, LLC to install a traffic coating on the garage floors. BRE sued the general contractor, Pro-Tech and others for construction defects. The underlying action alleged that Pro-Tech, among other things, failed to wrap the filter fabric to protect the weep holes, improperly installed sealants between the stucco and the underside of the horizontal tile at the balcony slab edge, and failed to properly install traffic coating in one garage. The underlying complaint did not state exactly when the "property damage" resulting from Pro-Tech's alleged defective work occurred. Read the full story...
    Reprinted courtesy of Tred R. Eyerly, Damon Key Leong Kupchak Hastert
    Mr. Eyerly may be contacted at te@hawaiilawyer.com

    Real Estate & Construction News Round-Up (07/13/22)

    August 07, 2022 —
    The Biden administration will use infrastructure funds to upgrade 85 airports across the U.S., The Affordable New York tax provision expires, homebuyers in China refuse to pay mortgages, and more.
    • Hines, a Houston-based real estate giant, set a target of its 1,530 properties in 28 countries being net-zero operational carbon by 2040. (John Egan, Innovation Map)
    • The Biden administration announced it will spend roughly $1 billion from the infrastructure package to upgrade 85 airports across the country, including terminals and other facilities. (Jeff Mordock, The Washington Post)
    • The Affordable New York tax provision, which offered a property tax exemption for housing projects that include a percentage earmarked for lower-income renters, expired in June, creating an unsettled future for the city’s multifamily development. (Rebecca Picciotto, The Wall Street Journal)
    Read the full story...
    Reprinted courtesy of Pillsbury's Construction & Real Estate Law Team

    Insurers Must Defend Allegations of Faulty Workmanship

    June 20, 2022 —
    Granting the insured's motion for partial judgment on the pleadings, the court determined the insurers had a duty to defend. Suez Treatment Solutions, Inc. v. Ace Am. Ins. Co. & Liberty Mut. Fire Ins. Co., 2022 U.S. Dist. LEXIS 59044 (S. D. N. Y. March 30, 2022). Suez Treatment Solutions, Inc. held policies from Chubb and Liberty Mutual Fire Insurance Company to cover its operations in connection with the development of a pollution treatment system in North Carolina. When the project ultimately failed, an underlying action sought damages from Suez, alleging breach of contract, negligence, and fraud. Suez filed this case seeking a declaratory judgment that Chubb and Liberty were each obligated to defend and indemnify Suez in the underlying case. The City of High Point hired Suez to upgrade the facilities at its wastewater treatment plant staring in 2021. Because mercury levels were too high in emissions from sewage-sludge incinerators, Suez began working on the installation of a Mercury Removal System. After installation, a leak occurred in a component known as the heat exchanger. The leak caused the system to shut down and weeks-long repairs began. Read the full story...
    Reprinted courtesy of Tred R. Eyerly, Damon Key Leong Kupchak Hastert
    Mr. Eyerly may be contacted at te@hawaiilawyer.com

    The Problem With Building a New City From Scratch

    May 10, 2022 —
    From California to Miami and points in between, housing costs in the U.S. are skyrocketing, bringing bidding wars in hot markets and fears of a fresh surge in homelessness as renters scramble for an affordable place to live. The deepening housing crunch — and the intractable resistance that residents often put up when the prospect of new housing emerges nearby — has led some observers to ask: Why don’t we just make new cities? “When China needs new places for people to live, they just build a new city,” Nathan J. Robinson recently wrote in Current Affairs, contemplating all the undeveloped land in between California’s costly major urban areas. “They’ve built 600 of them since 1949.” At first blush, it might seem obvious. But history is full of failed, unfinished or underperforming scratch-built city projects, in California and elsewhere, and more are in the pipeline. To learn more about how we might best approach building new cities, CityLab talked to a person who’s had a hand in planning a few of them: Alain Bertaud, a fellow at the Marron Institute for Urban Management and a globetrotting former city planner at the World Bank. Our conversation has been edited for length and clarity. Read the full story...
    Reprinted courtesy of Nolan Gray, Bloomberg

    Craig Holden Named Top 100 Lawyer by Los Angeles Business Journal

    June 27, 2022 —
    Los Angeles, Calif. (May 17, 2022) - Los Angeles Partner Craig Holden has been named to the Los Angeles Business Journal’s (LABJ) “Top 100 Lawyers” list, which recognizes the most impactful attorneys in the Los Angeles region for their ongoing efforts as outstanding legal professionals. The attorneys on the list were honored on May 12 at LABJ’s inaugural Top 100 Lawyers Awards at the ASU California Center. In the publication’s special section, LABJ Publisher Josh Schimmels noted that the attorneys on the Top 100 Lawyers list “have demonstrated exceptional legal skill and achievements across the full spectrum of responsibility, exemplary leadership and contributions to the Los Angeles community at large.” He also observed, “Considering the fact that the Los Angeles region has long been known for its status as a hub for legal [through] leaders and record-setting attorneys, being a standout in that field is particularly impressive.” Likewise, in discussing his inclusion on the list, Mr. Holden remarked, “I am honored to be included on this list with so many exceptional attorneys from the LA legal community.” Read the full story...
    Reprinted courtesy of Craig Holden, Lewis Brisbois
    Mr. Holden may be contacted at Craig.Holden@lewisbrisbois.com