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.
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?
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.
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.
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.
Martinez Hsu P.C. is trying something new for 2022. We are sending out periodic newsletters with updates on construction law and relevant information regarding the roofing and restoration industry. We appreciate all feedback and should you have a question or want a specific topic highlighted, please let us know.
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