BERT HOWE
  • Nationwide: (800) 482-1822    
    landscaping construction Building Consultant Roofing membrane Building Consultant Cushing Texas Texas high-rise construction Building Consultant Roofing membrane Building Consultant Cushing Texas Texas casino resort Building Consultant Roofing membrane Building Consultant Cushing Texas Texas retail construction Building Consultant Roofing membrane Building Consultant Cushing Texas Texas housing Building Consultant Roofing membrane Building Consultant Cushing Texas Texas structural steel construction Building Consultant Roofing membrane Building Consultant Cushing Texas Texas townhome construction Building Consultant Roofing membrane Building Consultant Cushing Texas Texas industrial building Building Consultant Roofing membrane Building Consultant Cushing Texas Texas low-income housing Building Consultant Roofing membrane Building Consultant Cushing Texas Texas condominium Building Consultant Roofing membrane Building Consultant Cushing Texas Texas production housing Building Consultant Roofing membrane Building Consultant Cushing Texas Texas Subterranean parking Building Consultant Roofing membrane Building Consultant Cushing Texas Texas multi family housing Building Consultant Roofing membrane Building Consultant Cushing Texas Texas tract home Building Consultant Roofing membrane Building Consultant Cushing Texas Texas institutional building Building Consultant Roofing membrane Building Consultant Cushing Texas Texas parking structure Building Consultant Roofing membrane Building Consultant Cushing Texas Texas hospital construction Building Consultant Roofing membrane Building Consultant Cushing Texas Texas custom home Building Consultant Roofing membrane Building Consultant Cushing Texas Texas custom homes Building Consultant Roofing membrane Building Consultant Cushing Texas Texas mid-rise construction Building Consultant Roofing membrane Building Consultant Cushing Texas Texas concrete tilt-up Building Consultant Roofing membrane Building Consultant Cushing Texas Texas Medical building Building Consultant Roofing membrane Building Consultant Cushing Texas Texas
    Roofing membrane Building Consultant Cushing Texas Texas construction forensic expert witnessRoofing membrane Building Consultant Cushing Texas Texas construction code expert witnessRoofing membrane Building Consultant Cushing Texas Texas construction claims expert witnessRoofing membrane Building Consultant Cushing Texas Texas fenestration expert witnessRoofing membrane Building Consultant Cushing Texas Texas eifs expert witnessRoofing membrane Building Consultant Cushing Texas Texas construction expert testimonyRoofing membrane Building Consultant Cushing Texas Texas architecture expert witness
    Arrange No Cost Consultation
    Building Consultant Builders Information
    Roofing membrane 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 Roofing membrane 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

    Roofing membrane 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

    Roofing membrane Building Consultant Cushing Texas Texas Building Consultant 10/ 10

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

    Roofing membrane Building Consultant Cushing Texas Texas Building Consultant 10/ 10

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

    Roofing membrane Building Consultant Cushing Texas Texas Building Consultant 10/ 10

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

    Roofing membrane 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

    Roofing membrane Building Consultant Cushing Texas Texas Building Consultant 10/ 10

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

    Roofing membrane Building Consultant Cushing Texas Texas Building Consultant 10/ 10


    Building Consultant News and Information
    For Roofing membrane Building Consultant Cushing Texas Texas


    New-Home Sales in U.S. Unexpectedly Fall to Four-Month Low

    Tetra Tech-U.S. Cleanup Dispute in San Francisco Grows

    Pennsylvania Superior Court Tightens Requirements for Co-Worker Affidavits in Asbestos Cases

    VOSH Jumps Into the Employee Misclassification Pool

    Residential Construction: Shrinking Now, Growing Later?

    Massachusetts District Court Holds Contractors Are Not Additional Insureds on Developer’s Builder’s Risk Policy

    Know and Meet Your Notice Requirements or Lose Your Payment Bond Claims

    California’s Right To Repair Act Is The Sole Remedy For Damages For Construction Defects In New Residential Construction

    New York Appellate Court Affirms 1966 Insurance Policy Continues to Cover WTC Asbestos Claims

    Real Estate & Construction News Round-Up (10/06/21)

    A Court-Side Seat: Environmental Developments on the Ninth Circuit

    Governor Brown Signs Legislation Aimed at Curbing ADA Accessibility Abuses in California

    Owner’s Obligation Giving Notice to Cure to Contractor and Analyzing Repair Protocol

    Ninth Circuit Holds that 1993 Budget Appropriations Language Does Not Compel the Corps of Engineers to use 1987 Wetlands Guidance Indefinitely

    Carillion Fallout Affects Major Hospital Project in Liverpool

    Nevada Assembly Bill Proposes Changes to Construction Defect Litigation

    Application of Set-Off When Determining Prevailing Party for Purposes of Attorney’s Fees

    Sometimes You Get Away with Default (but don’t count on it)

    One Word Makes All The Difference – The Distinction Between “Pay If Paid” and “Pay When Paid” Clauses

    Insurers Reacting to Massachusetts Tornadoes

    Hawaii Federal District Court Denies Title Insurer's Motion for Summary Judgment

    Landlords Beware: Subordination Agreements

    Solicitor General’s Views to Supreme Court on Two Circuit Court Rulings that Groundwater Can be Considered “Waters of the United States”

    Florida Lien Law and Substantial Compliance vs. Strict Compliance

    Fifth Circuit Finds Duty to Defend Construction Defect Case

    What Makes Building Ventilation Good Enough to Withstand a Pandemic?

    Insured's Claim for Cyber Coverage Rejected

    Sales of New U.S. Homes Fell in February to Five-Month Low

    Lane Construction Sues JV Partner Skanska Over Orlando I-4 Project

    New York Court Rules on Architect's Duty Under Contract and Tort Principles

    San Francisco House that Collapsed Not Built to Plan

    Touchdown! – The Construction Industry’s Winning Audible to the COVID Blitz

    Payment Bond Claim Notice Requires More than Mailing

    Tenants Underwater: Indiana Court of Appeals Upholds Privity Requirement for Property Damage Claims Against Contractors

    Remediation Work Caused by Installation of Defective Tiles Not Covered

    Los Angeles Is Building a Future Where Water Won’t Run Out

    Mold Due to Construction Defects May Temporarily Close Fire Station

    2017 California Construction Law Update

    Contractor Entitled to Defense for Alleged Faulty Workmanship of Subcontractor

    DA’s Office Checking Workers Comp Compliance

    16 Wilke Fleury Attorneys Featured in Sacramento Magazine 2021 Top Lawyers!

    What Counts as Adequate Opportunity to Cure?

    Do You Really Want Mandatory Arbitration in Your Construction Contract?

    New York State Trial Court Addresses “Trigger of Coverage” for Asbestos Claims and Other Coverage Issues

    Will a Notice of Non-Responsibility Prevent Enforcement of a California Mechanics Lien?

    2015-2016 California Labor & Employment Laws Affecting Construction Industry

    Is an Initial Decision Maker, Project Neutral, or Dispute Resolution Board Right for You?

    Dispute between City and Construction Company Over Unsightly Arches

    Five Steps Employers Should Take In the Second Year Of the COVID-19 Pandemic

    Details of Sealed Whistleblower Charges Over Cuomo Bridge Bolts Burst Into Public View
    Corporate Profile

    ROOFING MEMBRANE BUILDING CONSULTANT CUSHING TEXAS TEXAS BUILDING CONSULTANT
    DIRECTORY AND CAPABILITIES

    The Roofing membrane 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 Roofing membrane 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
    Roofing membrane Building Consultant Cushing Texas, Texas

    Judge Gives Cintra Bid Protest of $9B Md. P3 Project Award New Life

    March 21, 2022 —
    The Maryland Dept. of Transportation will have to reconsider a protest lodged by the losing bidder for the initial phase of its $9-billion Express Lanes project, according to a Feb. 17 state circuit court judge's ruing. The decision likely stalls the state's ambitious plan to add capacity along portions of the I-495/Beltway and I-270 west of Washington, DC, using a progressive public-partnership. Reprinted courtesy of Jim Parsons, Engineering News-Record ENR may be contacted at enr@enr.com Read the full story...

    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

    Prompt Payment More Likely on Residential Construction Jobs Than Commercial or Public Jobs

    May 02, 2022 —
    NEW ORLEANS, May 02, 2022 (GLOBE NEWSWIRE) -- In construction, no line of work guarantees prompt and in-full payments, but contractors working on residential jobs say their rate of prompt payment is significantly better than commercial or public jobs, according to the 2022 Levelset Cash Flow and Payment Report. However, the report revealed that residential construction jobs require increased communication to improve the chance of prompt payment when compared to commercial or public jobs. Contractors working on residential projects are more than twice as likely as those working on public projects to report getting paid within 30 days, with residential construction contractors saying they are paid in 30 days or less 48% of the time and public construction contractors saying that only happens 21% of the time. Significantly slow payments of 60 days or more are three times more likely on public construction projects than on residential construction projects, according to the survey participants. Residential contractors say it happens rarely, just 6% of the time, while public project contractors say it happens nearly one out of five times (18%). For more information about the report and a detailed summary of findings, please visit: www.levelset.com/survey About Levelset Levelset's mission is to empower contractors to always get what they earn. Levelset's products help millions in the construction industry each year to make payment paperwork and compliance easier, get cash faster, monitor the risk on jobs and contractors, and better understand payment processes and rules. The results are faster payments, access to capital, and fewer surprises. Founded in 2012, Levelset is based in New Orleans, Louisiana, with offices in Austin, Texas, and Cairo, Egypt, and is owned and operated by Procore Technologies, Inc. For more information, visit www.levelset.com.

    Landmark Montana Supreme Court Decision Series: Known Loss Doctrine & Interpretation of “Occurrence”

    March 06, 2022 —
    In this final post in the Blog’s Landmark Montana Supreme Court Decision Series, we discuss the court’s ruling on the known loss doctrine and its interpretation of “occurrence” in National Indemnity Co. v. State, 499 P.3d 516 (Mont. 2021). Personal injury claims against the State of Montana arose out of its alleged failure to warn Libby residents about the danger of asbestos exposure despite the State’s regulatory inspections of the Libby Mine as early as the 1950s and through the 1970s. Among other defenses, the insurer contended that there was no coverage for these claims because the asbestos claims arising out of the Libby Mine were a “known loss.” A “known loss” defense, as the court explained, is “not based upon a provision of the Policy, but a common law principle which courts have imposed upon liability policies” that “requires that losses arise without the insureds’ knowledge.” Reprinted courtesy of Lorelie S. Masters, Hunton Andrews Kurth, Patrick M. McDermott, Hunton Andrews Kurth and Rachel E. Hudgins, Hunton Andrews Kurth Ms. Masters may be contacted at lmasters@HuntonAK.com Mr. McDermott may be contacted at pmcdermott@HuntonAK.com Ms. Hudgins may be contacted at rhudgins@HuntonAK.com Read the full story...

    What I Love and Hate About Updating My Contracts From an Owners’ Perspective

    July 25, 2022 —
    The Construction Owners Association of America (COAA) is the largest association of construction owners in the United States. COAA just held its Spring Connect conference in downtown Baltimore on the University of Maryland, Baltimore (UMB) campus. One session featured “What I Love and Hate About Updating My Contracts from an Owners’ Perspective.” ConsensusDocs’ Executive Director & Senior Counsel Brian Perlberg spoke on a panel with Joe Cleves of Taft Law and Pen Wolf from the Cleveland Clinic. Pen Wolf from Cleveland Clinic outlined the process he used to update his contracts recently. The Cleveland Clinic builds facilities annually and owns different facilities at different locations. The clinic employs over 75,000 employees. For an owner with a broad reach like the Cleveland Clinic, Wolf recommended using outside counsel with construction expertise to update contracts. He concluded that while it was a significant effort, the endeavor to update the Clinic’s contracts was absolutely worth the time commitment and expense. Wolf shared that updating the Clinic’s contracts has generated positive reviews internally and externally. Now their written agreements better reflect their business practices in their construction design and construction program. Read the full story...
    Reprinted courtesy of ConsensusDocs

    Amazon Can be Held Strictly Liable as a Product Seller in New Jersey

    August 07, 2022 —
    On June 29, 2022, in N.J. Mfrs. Ins. Grp. a/s/o Angela Sigismondi v. Amazon.com, Inc., 2022 U.S. Dist. LEXIS 115826 (Sigismondi), the United States District Court for the District of New Jersey held that Amazon.com, Inc. (Amazon) is a “seller” under New Jersey’s product liability statute and can thus face strict liability for damages caused by products sold on its platform. Although the analysis is state-specific, Sigismondi may serve as an important decision for allowing product defect claims to proceed against Amazon when so often the third-party vendor that lists the product is unlocatable, insolvent, or not subject to the jurisdiction of United States courts. In recent years, Amazon has been fighting product liability claims across the country. Amazon argues it is not a “seller” under states’ product liability laws but is merely an online marketplace that facilitates the sale of products by third-party vendors. What constitutes a “seller” in a particular state must be evaluated state-by-state, but various courts have accepted Amazon’s argument that it is not a “seller.” These decisions are based on Amazon’s level of control in the product sale and often focus on a finding that Amazon did not convey possession of the product or transfer its title. Read the full story...
    Reprinted courtesy of Michael L. DeBona, White and Williams
    Mr. DeBona may be contacted at debonam@whiteandwilliams.com

    Infrastructure Money Comes With Labor Law Strings Attached

    July 25, 2022 —
    The federal government has committed to spending $1 trillion under the Infrastructure Investment and Jobs Act on nationwide construction, alteration and repair projects. Billions of dollars have already been deployed on projects to improve highways, bridges, airports, electrical infrastructure and drinking water distribution, and the government is poised to spend the remaining funds on a massive infrastructure build-out over the next five years. While federal government contracts may provide a lucrative and reliable stream of revenue for construction companies, contractors must be prepared to comply with special requirements, particularly under the labor and employment laws enforced by the U.S. Department of Labor (USDOL). 1. The Davis Bacon Act Requires Payment of Prevailing Wages and Fringe Benefits The Davis Bacon Act (DBA) applies to most federally funded and federally assisted projects for construction, alteration or repair work. This law requires all contractors and subcontractors on a covered project to pay all “laborers or mechanics” the wages and fringe benefits that “prevail” in the locality where the work is being performed. The USDOL determines what the prevailing wages and fringe benefits are for each trade and publishes them in wage determinations that should be issued to all contractors on the project. Reprinted courtesy of Cheryl Behymer, Patrick M. Dalin & Collin Cook, Construction Executive, a publication of Associated Builders and Contractors. All rights reserved. Read the full story...

    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