BERT HOWE
  • Nationwide: (800) 482-1822    
    office building expert witness Tell Texas custom homes expert witness Tell Texas townhome construction expert witness Tell Texas hospital construction expert witness Tell Texas parking structure expert witness Tell Texas tract home expert witness Tell Texas condominiums expert witness Tell Texas landscaping construction expert witness Tell Texas concrete tilt-up expert witness Tell Texas multi family housing expert witness Tell Texas condominium expert witness Tell Texas Medical building expert witness Tell Texas structural steel construction expert witness Tell Texas housing expert witness Tell Texas low-income housing expert witness Tell Texas Subterranean parking expert witness Tell Texas high-rise construction expert witness Tell Texas custom home expert witness Tell Texas retail construction expert witness Tell Texas institutional building expert witness Tell Texas production housing expert witness Tell Texas mid-rise construction expert witness Tell Texas
    Arrange No Cost Consultation
    Construction Expert Witness Builders Information
    Tell, 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.”


    Construction Expert Witness Contractors Licensing
    Guidelines Tell Texas

    No state license is required, however, general contractors must get permits at the local level. Separate boards license HVAC, and plumbing trades.


    Construction Expert Witness Contractors Building Industry
    Association Directory
    Forest Country Chapter
    Local # 4555
    PO Box 630983
    Nacogdoches, TX 75963


    El Paso Assn of Bldrs
    Local # 4527
    6046 Surety Dr
    El Paso, TX 79905
    http://www.elpasobuilders.com

    Heart of Texas Builders Association
    Local # 4575
    PO Box 20697
    Waco, TX 76702
    http://www.hotbawaco.com

    Home Builders Association of San Angelo
    Local # 4557
    4172 South Jackson
    San Angelo, TX 76903
    http://www.hbasa.com

    Deep East Texas Association of Builders
    Local # 4548
    PO Box 153337
    Lufkin, TX 75915
    http://www.detab.org

    Permian Basin Home Builders Association
    Local # 4540
    4305 N Garfield St Ste 224
    Midland, TX 79705
    http://www.pbhba.org

    Tyler Area Builders Association
    Local # 4569
    1504 West Grande Blvd St A
    Tyler, TX 75703
    http://www.tylerareabuilders.com


    Construction Expert Witness News and Information
    For Tell Texas

    It Ain’t Over Till it’s Over. Why Project Completion in California Isn’t as Straightforward as You Think

    Connecticut Court Clarifies a Limit on Payment Bond Claims for Public Projects

    Avoiding Disaster Due to Improper Licensing

    Quick Note: Don’t Spoil Evidence!!!!

    New York Federal Court Enforces Construction Exclusion, Rejects Reimbursement Claim

    Salt Lake City Turns Winter Olympic Bid Into Statewide Bond Boom

    GRSM’s Successful National Strategy Featured in Los Angeles Times

    White and Williams Earns National "Best Law Firm" Rankings from US News

    Pay-if-Paid Clauses, Nasty, but Enforceable

    Economy in U.S. Picked Up on Consumer Spending, Construction

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

    With Wildfires at a Peak, “Firetech” Is Joining Smart City Lineups

    Skyline Cockpit’s Game-Changing Tower Crane Teleoperation

    Indiana Court Enforces Contract Provisions rather than Construction Drawing Markings

    Nonresidential Construction Employment Expands in August, Says ABC

    Will On-Site Robotics Become Feasible in Construction?

    Defective Sprinklers Not Cause of Library Flooding

    First Circuit Rules Excess Insurer Must Provide Coverage for Fuel Spill

    3D Printing Innovations Enhance Building Safety

    Bad Faith Claim Dismissed as Insurer’s Actions Found Reasonable

    CDJ’s #9 Topic of the Year: Nevada Supreme Court Denies Class Action Status in Construction Defect Case

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

    Five "Boilerplate" Terms to Negotiate in Your Next Subcontract

    Dispositive Motions in AAA Construction Arbitration: Why You Should Think Twice

    Construction Jobs Expected to Rise in Post-Hurricane Rebuilding

    Edgewater Plans to Sue Over Pollution During Veterans Field Rehab

    Glendale City Council Approves Tohono O’odham Nation Casino

    Loss of Use From Allegedly Improper Drainage System Triggers Defense Under CGL Policy

    New Jersey Traffic Circle to be Eliminated after 12 Years of Discussion

    Bid Bonds: The First Preventative Measure for Your Project

    Loaded Boom of Burning Tower Crane Collapses in Manhattan, Injuring Six

    Not All Work is Covered Under the Federal Miller Act

    Summary Judgment in Construction Defect Case Cannot Be Overturned While Facts Are Still in Contention in Related Cases

    Colorado’s Housing Crisis: How S.B. 25-131 Could Be a Step in the Right Direction

    Angelo Mozilo Speaks: No Regrets at Countrywide

    Loss Caused by Theft, Continuous Water Discharge Not Covered

    Privacy In Pandemic: Senators Announce Covid-19 Data Privacy Bill

    Hunton Insurance Partner Syed Ahmad Named to Benchmark Litigation’s 2019 40 & Under Hot List

    Investigation Continues on Children Drowning at Construction Site

    Couple Claims ADA Renovation Lead to Construction Defects

    These Pioneers Are Already Living the Green Recovery

    Housing Starts in U.S. Surge to Seven-Year High as Weather Warms

    Repair of Part May Necessitate Replacement of Whole

    Shimmick Gets Nod for Second Pilot Pile at Settling Millennium Tower

    Zurich American Insurance Company v. Ironshore Specialty Insurance Company

    Spain Risks €10.6 Billion Flood Damage Bill, Sanchez Says

    Newark Trial Team Obtains Affirmance of Summary Judgment for General Contractor Client

    Pay-If-Paid: What You Need to Know Before Signing on the Dotted Line

    He's the Top U.S. Mortgage Salesman. His Daughter Isn't Buying It

    Is a Violation of a COVID-19 Order the Basis For Civil Liability?
    Corporate Profile

    TELL TEXAS CONSTRUCTION EXPERT WITNESS
    DIRECTORY AND CAPABILITIES

    Leveraging from approximately 5000 construction defect and claims related expert designations, the Tell, Texas Construction Expert Directory delivers a comprehensive construction and design expert support solution to construction claims professionals concerned with construction defect and claims litigation. BHA provides construction claims evaluation and expert support services to the nation's leading construction practice groups, Fortune 500 builders, general liability carriers, owners, as well as a variety of public entities. Employing in house assets which include construction cost, scheduling, and delay experts, professional engineers, ASPE certified professional estimators, and construction safety professionals, the firm brings a wealth of experience and local capabilities to Tell and the surrounding areas.

    Tell Texas window expert witnessTell Texas multi family design expert witnessTell Texas structural concrete expertTell Texas soil failure expert witnessTell Texas construction safety expertTell Texas consulting engineersTell Texas expert witness commercial buildings
    Construction Expert Witness News & Info
    Tell, Texas

    Bridging the Gap at Alaska’s Juneau Creek

    September 21, 2026 —
    The largest single-span steel plate girder bridge launch in the nation wasn’t about setting records. Alaska’s Juneau Creek Bridge design was a matter of necessity. The fully erected steel plate girder bridge, featuring a 440-ft main span hovering 285 ft above the Juneau Creek, was part of the larger Sterling Highway project. It offered a logistical challenge but was chosen among over a dozen bridge types due to the unique constraints brought by the mountainous site. Read the full story...
    Reprinted courtesy of Tim Newcomb, Engineering News-Record
    ENR may be contacted at enr@enr.com

    Chambers USA Recognizes Hunton’s Insurance Coverage Practice in 2026 Guide

    June 29, 2026 —
    Hunton is pleased to announce that its insurance coverage practice was recognized nationally for Insurance: Dispute Resolution – Policyholder in the recently released 2026 Chambers USA guide. The team also received state rankings in Florida (Insurance: Dispute Resolution), Georgia (Insurance), the District of Columbia (Insurance: Policyholder), and Massachusetts (Insurance). In addition to the insurance team’s group recognition across multiple states, the 2026 guide included individual rankings for Lorelie “Lorie” S. Masters (USA Nationwide and District of Columbia), Latosha M. Ellis (District of Columbia), Michael S. Levine (District of Columbia), Koorosh “KT” Talieh (District of Columbia), Walter J. Andrews (Florida), Andrea DeField (Florida), Cary D. Steklof (Florida), Lawrence J. Bracken II (Georgia), and Geoffrey B. Fehling (Massachusetts). Read the full story...
    Reprinted courtesy of Hunton Andrews Kurth LLP

    Settlement Agreements and Contracts Require a Meeting of the Minds

    July 20, 2026 —
    A settlement agreement does not need to be executed for it to be enforceable as long as there was a MEETING OF THE MINDS. The same rings true for any contract regardless of whether the contract is signed – THERE NEEDS TO BE A MEETING OF THE MINDS. In a recent case dealing with the settlement agreement on a construction lien, the essential settlement terms (money and mutual release) were memorialized in an e-mail exchange between the parties (owner and subcontractor). The settlement required the owner to pay the principal amount plus some attorney’s fees and then a mutual general release would be prepared. In response to the confirmatory email, the owner sent a check, which the subcontractor deposited, but the owner refused to sign the release signed and sent by the subcontractor. The owner further claimed it doesn’t need to pay the attorney’s fees because the lien amount was paid in full. The subcontractor sued arguing the owner breached the terms of the settlement. The appellate court agreed. Read the full story...
    Reprinted courtesy of David Adelstein, Kirwin Norris
    Mr. Adelstein may be contacted at dma@kirwinnorris.com

    GRSM Secures Complete Judgment for Defense in Years-Long Dispute Spanning Multiple Venues

    June 22, 2026 —
    Gordon Rees Scully Mansukhani’s Hartford, Connecticut, and Dallas offices recently secured a complete defense judgment and recovery of attorney’s fees and costs in an arbitration on behalf of a longtime client, concluding a dispute that lasted several years and traversed multiple jurisdictions. The dispute initially arose in Texas state court, and almost immediately, the claimant began pursuing the matter aggressively, a pattern that continued until the day judgment was entered in GRSM’s client’s favor. GRSM’s team mounted a strong defense, achieving an early success in compelling mandatory arbitration. Read the full story...
    Reprinted courtesy of Gordon Rees Scully Mansukhani

    Colorado Supreme Court Reverses Course on Public Project Liens: Key Takeaways From Wadsworth v. Regional Rail Partners

    July 27, 2026 —
    On April 6, 2026, the Colorado Supreme Court issued a unanimous opinion in Ralph L. Wadsworth Construction Company, LLC v. Regional Rail Partners, 2026 CO 19, reversing the Colorado Court of Appeals and providing much-needed clarity regarding verified statements of claim (VSOCs) under the Colorado Public Works Act, C.R.S. §§ 38-26-101 et seq. The decision resolves two issues that have generated significant concern among construction industry professionals since the Court of Appeals issued its opinion on August 1, 2024. Under C.R.S. § 38-26-107(1), a subcontractor on a public works project may file a VSOC with the contracting public entity for amounts due and unpaid for “…furnished labor, materials, sustenance, or other supplies used or consumed by a contractor or his or her subcontractor in or about the performance of the work contracted to be done or that supplies laborers, rental machinery, tools, or equipment to the extent used in the prosecution of the work….” If a claimant files a VSOC for “an amount greater than the amount due” without a reasonable possibility that the amount is due and with knowledge that the claim is excessive, the claimant “shall forfeit all rights to the amount claimed” and becomes liable for the opposing party’s costs and attorneys’ fees. C.R.S. § 38-26-110. Read the full story...
    Reprinted courtesy of Amanda E. McKinlay, Snell & Wilmer
    Ms. McKinlay may be contacted at amckinlay@swlaw.com

    White and Williams LLP Secures Trio of Cyber Coverage Wins

    May 12, 2026 —
    Three weeks, three jurisdictions, three cyber wins. White and Williams picked up the first victory on March 9, 2026, in the United States District Court for the Western District of Texas, where the court granted summary judgment to their client enforcing a Cyber Crime Loss sublimit. See Perry & Perry Builders, Inc. v. Cowbell Cyber and Obsidian Specialty Ins. Co., 2026 U.S. Dist. LEXIS 49409 (E.D. Tex. Mar. 9, 2026). In Perry, the insured was deceived into transferring money intended for a vendor to an unintended third party. The insurer acknowledged that the loss was covered and paid the insured the policy’s Cyber Crime Loss sublimit. Discontent with a single sublimit, the insured argued that because it wired the money to the fraudster in separate transfers, it was entitled to a second Cyber Crime Loss sublimit. Reprinted courtesy of Gabriel Darwick, White and Williams LLP and Sean Elman, White and Williams LLP Mr. Darwick may be contacted at darwickg@whiteandwilliams.com Mr. Elman may be contacted at elmans@whiteandwilliams.com Read the full story...

    Managing Rising Costs and Shifting Legal Risk for Florida High-Rise and Condominium Projects

    May 05, 2026 —
    Florida's construction defect landscape is experiencing a major shift. The convergence of material and labor cost volatility, regulatory tightening, and increasingly complex litigation strategies is forcing associations, developers, and their counsel to rethink how they approach risk management and dispute resolution. For those managing large-scale condo and high-rise projects, the stakes have never been higher. The Cost Volatility Trap Construction material prices rose at a "staggering" 12.6% annualized rate during the first two months of 2026, according to recent industry analysis. Tariff impacts are projected to lead to more increases of 5.4% to 6.8%, depending on property type. For associations facing construction defect claims, this volatility creates a cascading problem: repair scopes defined two years ago are now dramatically underpriced, and damage calculations that appeared reasonable at discovery are obsolete by the time of settlement. Courts and mediators are increasingly scrutinizing how cost estimates were developed and whether they account for existing market circumstances. Associations must now commission updated repair assessments more frequently, a practice that increases investigation costs but strengthens the credibility of damage claims. Conversely, defendants are weaponizing cost inflation as a defense, arguing that claimed damages are speculative or inflated. The practical result: repair sequencing and phasing strategies have become critical litigation tools. Associations that can demonstrate a rational, cost-effective repair plan tied to current market data are more favorably placed in settlement negotiations. Regulatory Pressure and Deliberate Timing Florida's 2026 condo compliance regime has significantly changed the defect claims landscape. Elevated transparency requirements, stricter reserve funding mandates, and tightened building safety inspection protocols mean that associations now face dual pressures: Comply with new regulations while simultaneously handling construction defect exposure. This regulatory environment is changing investigation and documentation strategy. Associations that delay defect investigation to avoid triggering reserve funding obligations or disclosure requirements are taking on considerable legal risk. Recent case law such as the Third District Court of Appeal's reaffirmation of Chapter 558's pre-suit mediation requirements, underscores Florida's intent to resolve disputes early. Associations that move deliberately and record carefully during the pre-suit phase gain leverage in mediation and reduce the risk of expensive litigation. Timing also intersects with repair sequencing. Associations must now balance the urgency of compliance inspections against the strategic advantage of phased repairs. Some associations are using compliance deadlines as a forcing mechanism to accelerate settlement discussions, while others are sequencing repairs to demonstrate good-faith remediation efforts before litigation commences. The Emerging Risk Transfer Challenge As construction defect claims grow more complex and costly, the traditional risk transfer systems, such as design-build warranties, contractor bonds, and insurance, are proving inadequate. Developers and general contractors are increasingly shifting risk to subcontractors and material suppliers, fragmenting liability and complicating recovery efforts for associations. Permitting and approval friction is also creating new litigation pressure points. Delays in municipal approvals, changes to building code interpretations, and disputes over remedial work compliance continue to spawn collateral claims that go beyond the original defect. Associations must now anticipate not only defect liability but also regulatory compliance disputes with municipalities, creating a dual-front legal challenge. For large communities, this means reconsidering the entire risk architecture. Insurance carriers are tightening coverage, and traditional indemnification chains are breaking down. Forward-thinking associations are engaging counsel earlier in the development process to negotiate clearer risk allocation provisions and more robust insurance requirements. Taking a Data-Driven Approach Managing rising costs and shifting legal risk in Florida's high-rise and condo market requires a more sophisticated, data-driven approach. Associations must commission frequent cost updates, move deliberately through pre-suit investigation and mediation, and challenge traditional assumptions about risk transfer. Developers and their counsel should view regulatory compliance not as a burden but as an opportunity to demonstrate good-faith risk management and strengthen settlement positioning. The firms and associations that succeed in 2026 will be those that treat cost volatility, regulatory change, and litigation strategy not as separate challenges but as linked elements of a coherent risk management framework. Stephen Hauptman is special counsel in Ball Janik LLP’s Fort Lauderdale office. He may be reached at shauptman@balljanik.com.

    Daily Journal Publishes Article by Brenda Radmacher on Proposed Overhaul of California Construction Defect Law

    June 29, 2026 —
    Daily Journal (California) featured an article by Construction Law partner Brenda Radmacher, “A new path for construction defects in California.” The piece, published on June 15, 2026, examines Assembly Bill 1903 and its potential to significantly reshape California’s construction defect framework, particularly for common interest properties. The article highlights how AB 1903 would overhaul the state’s current right-to-repair system by mandating completion of prelitigation procedures, raising requirements for defect claims, strengthening developers’/builders’ rights to repair, and introducing a voluntary “certified building” program. The legislation aims to rebalance competing interests by reducing litigation-driven costs while preserving protections for homeowners. Read the full story...
    Reprinted courtesy of Brenda Radmacher, Seyfarth Shaw LLP
    Ms. Radmacher may be contacted at bradmacher@seyfarth.com