Soil-Structure Interaction Seminar - Foundation Performance ...

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Deceptive Trade Practices Act (DTPA) I. Texas Business & Commerce Code §17.01 et seq. July 21, 1994 Page 2 A. General Provisions 1. Effective date of the act and amendments: The effective date of the act or practice giving rise to the cause of action under the DTP A determines which version of the DTP A applies. Woodsy. Littleton, 554 S.W.2d 662 (Tex. 1977). i.e. pre 1979 version of act calls for mandatory trebling, whereas post 1979 version call for discretionary trebling upon finding of knowingly. 2. Cumulative remedies: Remedies under DTPA are cumulative, not exclusive. Consumers may avail themselves of common law or other statutory remedies in addition to the remedies available under the DTP A. Berry Property Management Co. Inc. y. Bliskey, 850 S.W.2d 644. 3. Construction of the act: §17.44 provides the act shall be liberally construed and applied to promote its underlying purpose; to protect consumers against false, misleading and deceptive acts and practices, unconscionable acts and breaches of warranty. 4. Who can sue? §17.50(a) Consumers-defined as an individual, partnership, corporation, this state, or a subdivision or agency of this state who seeks or acquires by purchase or lease, any goods or services ... " Note, consumer need not have sought or acquired the goods or services from the defendants; i.e., no requirement of privity. Cameron y. Terrell & Garrett. Inc .. 618 S.W.2d 535 (Tex. 1981), Flenniken y. Longview Bank & Trust Co., 661 S.W.2d 705 (Tex. 1983). 5. Pre-suit notice: Consumer must give 60 days written notice to the person against whom the consumer is filing suit. Failure to give notice, results in abatement, not dismissal. Hines y. Hash, 843 S.W.2d 464 (Tex. 1992). 6. Who may be sued? Any "person" who commits a violation of DTPA or Art. 21.21 of Insurance Code. "Person" is defined as an individual, partnership, -·
July 21, 1994 Page3 corporation, association, or other group, however organized. Only exception is advertising media. 7. Waiver of DTP A: General rule is waivers are void. Two exceptions: (1) business consumers with assets of $5 million or more can contractually waive the DTPA; (2) consumers who are not in a significantly disparate bargaining position who are represented by counsel on transactions other than home purchases on deals greater than $500,000 when both consumer and attorney sign written waiver. B. Prohibited conduct: False, Misleading or Deceptive Acts 1. Laundry list: Of the 23 listed items, the most frequently used are items (5) &(7) which deal with representations about the quality of goods and services and (23) failing to disclose know facts. 2. Breach of warranties a) Express: Any representation of fact or promise as to the title, condition or quality of goods or services will constitute an express warranty. For instance, a representations that a product is in "good working order" or "top quality" constitute an express warranty. Woods v. Littleton 554 S.W.2d 662 (Tex.1977), Chrysler Plymouth City y. Guerrero. 620 S.W.2d 700 (Tex.Civ.App.-San Antonio, 1981, no writ). b) Implied i) Merchantability: New goods are fit for their intended use. Does not apply to used goods, but has been extended to the sale of used homes. Thornton Homes. Inc. y. Greiner, 619 S.W.2d 8 (Tex.Civ.App.-Eastland 1981, no writ). ii) Good workmanship: New homes must be constructed in a good and workmanlike manner. Evans y. J. Stiles. Inc., 689 S.W.2d 399 (Tex. 1985)
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SOIL STRUCTURE INTERACTION SEMINA
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FOUNDATION FAILURE DEFINED IN TERMS
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FOUNDATION FAILURE DEFINED IN TERMS
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FOUNDATION FAILURE IN THE HOUSTON A
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FOUNDATION FAILURES IN THE HOUSTON
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Inspections of the foundation had b
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J CASE NO. 10 - THE USE OF SPREAD F
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GARAGE 0" ·-0.2" -0.8 11 -0.3" •
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V) IJ.J u
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• +0.3" +0.5" • 0 10 I SCALE IN
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CURRENT PRACTICES FOR DESIGN OF TRA
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INTRODUCTION CURRENT PRACTICES FOR
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and rigidity to control, dissipate
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4.0 DESIGN PARAMETERS 4.1 General T
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I I. I I APPENDIX B TYPICAL GENERAL
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FUTURE OF POST-TENSIONED SLABS ON G
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GUIDLINES FOR GEOTECHNICAL DESIGN,
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GEOTECHNICAL GUIDELINES FOR DESIGN,
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INTRODUCTION The variable subsoil c
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South, Southwest, Southeast, and pa
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Geotechnical Foundation Design Crit
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Foundation Design Considerations In
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Vegetation Control We recommend tre
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8. The subgrade and fill moisture c
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Concrete Placement Monitoring The c
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Area drains can be used around the
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Inspections Every homeowner should
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Moisture Barriers Moisture barriers
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RECOMMENDED QUALITY CONTROL AND INS
Page 108 and 109: FOUNDATION REPAIR TECHNIQUES FOR RE
Page 110 and 111: PROFESSIONAL RESUME of DONALD E. LE
Page 112 and 113: FOUNDATION REPAIR TECHNIQUES PAGE 1
Page 115: FOUNDATION REPAIR TECHNIQUES PAGE40
Page 119: A P P E N D I X- DRAWINGS SAMPLE FO
Page 138 and 139: EXAMPLE OF HELICAL ANCHORS Pipe Typ
Page 141: RESIDENTIAL SOIL AND FOUNDATION REQ
Page 148 and 149: Section 6-52. Exceptions CITY OF WE
Page 151: Soil Structure Interaction Seminar
Page 156 and 157: Residential Construction Liability
Page 158 and 159: July 21, 1994 Page 8 E. Defenses to
Page 161 and 162: The Texas Deceptive Trade Practices
Page 163 and 164: construction or design of the house
Page 165: (5) Arguably, implied warranties do
Page 168 and 169: (3) Includes any diminution in mark
Page 171 and 172: D. Who Is a Proper Plaintiff? 1. An
Page 173 and 174: a. claimant's damages are limited t
Page 176: a. May be based on hearsay (i.e., e
Page 179 and 180: d. The Broker (1) Absent specific a
Page 181: VI. More Honored in the Breach HORA
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