Soil-Structure Interaction Seminar - Foundation Performance ...

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Residential Construction Liability Act (RCLA) II. Residential Construction Liability Act (RCLA) -- Texas Property Code § 27.001 et seq. July 21, 1994 Page 6 A. Applicability §27.002 1. Applies only to residential construction. 2. Applies to "construction defects" -- but does not apply to actions for damages for personal injury (excluding mental anguish), survival, wrongful death or for damage to goods. 3. "Construction defect": any matter concerning the design, construction or repair of a new residence, or the remodeling of an existing residence. Includes any "appurtenances" to a residence i.e., swimming pool, detached garage, etc. B. Who is a proper Defendant? "Contractors" §27.003 a) Defined as: a person contracting with an owner for the construction or sale of a new residence constructed by that person or of an alteration or addition to an existing residence, repair of a new residence, or construction, sale, alteration, addition, or repair of an appurtenance to a new or existing residence. b) The definition also includes a risk retention group that insures any part of a contractor's liability for the cost of repairing residential construction defects. C. Who is a proper Plaintiff? §27.001 et seq Anyone who suffers damages from a construction defect, i.e., anyone who seeks or acquires a contractor's services to design, build or repair a new home or to remodel or add to an existing home. A subsequent purchaser of the home is required to follow the RCLA procedures. D. Proceeding under the act -- § 27.004
July 21, 1994 Page7 1. Homeowner provides written notice of the construction defect in reasonable detail, by certified mail, return receipt requested at least 60 days before filing suit. 2. Inspection: contractor, upon written request, must be given opportunity to inspect within 35 days after receiving the notice. 3. Offer: contractor may make written offer to repair or pay money within 45 days after receiving notice. 4. If homeowner accepts offer, repairs must be completed within 45 days (unless delayed by the claimant or events beyond the contractor's control). 5. If claimant unreasonably rejects offer or doesn't permit contractor reasonable opportunity to repair, claimant may not recover an amount in excess of the reasonable cost of repairs which are necessary to cure the construction defect and may only recover the amount of reasonable and necessary attorney's fees and costs incurred before the offer was rejected. 6. If a contractor fails to make a reasonable offer, or fails to make a reasonable attempt to complete the repairs, or fails to complete the repairs in a good and workmanlike manner, the limitations on damages and defenses to liability do not apply. 7. If procedures followed, claimant may only recover the following damages a) reasonable cost of repairs necessary to cure any construction defect that the contractor failed to cure; b) reasonable expenses of temporary housing necessitated by the repairs; c) reduction in market value of the residence, if any, due to structural failure; and d) reasonable and necessary attorneys' fees. 8. Damages may not exceed the claimant's purchase price for the residence.
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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
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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
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Page 153 and 154: July 21, 1994 Page3 corporation, as
Page 158 and 159: July 21, 1994 Page 8 E. Defenses to
Page 161 and 162: The Texas Deceptive Trade Practices
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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
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Page 179 and 180: d. The Broker (1) Absent specific a
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