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Legal Newsletters

Wednesday, October 12, 2022

Unlawful Practice of Public Adjusting

The expanded UPPA laws went into effect on September 1, 2019 and case law continues to be developed as to its interpretation. A violation of the law is more than a mere slap on the wrist. In fact, some courts have granted class-action style expansions of lawsuits forcing construction-companies divulge up to 10-years worth of past clients to opposing counsel.

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Tuesday, September 27, 2022

Warranties In Construction

We are back after a summer break with some information on warranties. Warranties canrun beyond the terms of your contract and manufacturer-specific warranties. In fact, some warranties are statutory.

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Wednesday, July 6, 2022

Homestead Protection

We recently visited the new and updated lien laws for the State of Texas in a recent newsletter.Within those laws is a very specific subsection of residences that have additional restrictions forliens that can be difficult to overcome for contractors: homesteads. What do you, a contractor,need to do to secure a lien on the house if the house is declared a homestead?

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Tuesday, May 31, 2022

Umpires in Appraisals

Umpires in AppraisalsAppraisals are a long running method used to settle insurance disputes by determining the amount of loss for a claim. They can be cost effective and beneficial to moving the process along. One note of caution before moving through the appraisal process is ensuring that the appraisal will be enforceable against the insurer. Some newer policies have added language removing the teeth of the appraisal process by allowing one side to disagree with the result and not following through with the appraisal decision.Regardless, the appraisal process can be invoked by either party. Each side can choose their own appraiser. The appraisers can then either mutually agree upon an umpire or they can file a petition with a court to appoint an umpire.

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Thursday, May 5, 2022

Residential Construction Liability Act

Residential Construction Liability Act: A worst enemy or a best friend. The Residential Construction Liability Act (‘RCLA’ or “Act”) was written to promote settlement, outside of court, between contractors and residential property owners for construction defects.

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Thursday, March 31, 2022

Residential Decking

So what is the bottom line with regards to decking replacement? As with most things legal, it depends. At Martinez Hsu we believe in giving our clients an honest assessment and review of their coverage issues. Additionally, some of these issues can potentially be fought in small claims court, for amounts of $20,000.00 or less, at a minimal cost. Should you or your clients run across decking issues please don’t hesitate to contact us.

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Bedford, Texas 76021

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About Us

Located in the heart of the DFW Metropolitan area, our firm works with both companies and individuals.  Our clients are based in Texas, New Mexico, Florida, and even Taiwan and China.  We take a global approach to each of our clients, serving everything from their extensive corporate legal needs to their more intricate and personal individual legal needs.  Furthermore, our firm is equipped and fluent in English, Spanish, and Mandarin Chinese.