Soil-Structure Interaction Seminar - Foundation Performance ...

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. the repairs must cure the defect; c. the repairs must be accomplished in a good and workmanlike manner. 5. If an offer of settlement is not accepted within 25 days after Plaintiff receives it, the offer is deemed rejected and Plaintiff may file suit under the DTPA or any other law. RCLA S 27.004(h). F. Defenses to Liability a. If offer of settlement is unreasonably rejected, claimant's damages are limited to reasonable cost to repair defect plus attorneys' fees reasonably and necessarily incurred up until the time of rejection. 1. Alleged defect is merely normal wear, tear, and deterioration. RCLA § 27.003. 2. Alleged defect is merely "normal shrinking due to the drying or settlement of construction components within the tolerance of building standards." RCLA § 27.003. 3. Damages were not proximately caused by the alleged construction defect. RCLA § 27.006 4. Damages against contractor will be proportionally reduced by percentage due to negligence of a subcontractor or his employee or agent. RCLA § 27.003(a)(l). 5. Damages will be proportionally reduced by percentage due to failure by anyone other than contractor--including the Owner--to take reasonable action to mitigate the damages. RCLA § 27.003(a)(2)(A). 6. Damages will be proportionally reduced by percentage due to failure by anyone other than contractor--including the Owner--to take reasonable action to maintain the residence. RCLA § 27.003(a)(2)(B). 7. Contractor reasonably relied upon written government information that was false or inaccurate. RCLA § 27.003(a)(5). 8. Contractor offered a reasonable settlement, which the fact finder determines to have been unreasonably rejected. 12
a. claimant's damages are limited to reasonable cost to repair the construction defect plus any attorneys' fees reasonably and necessarily incurred up until the time of rejection. RCLA § 27.004(d) 9. Statute of limitations. 10. Unlike the DTPA, all common law defenses apply to RCLA claims. RCLA § 27.003(b). If Plaintiff did not give written notice of the complaint at least 60 days before filing a lawsuit, the court will probably follow DTPA abatement procedures (discussed above). G. Damages 1. If contractor follows RCLA procedures, the new RCLA amendments provide that the claimant may recover only the following damages, if proximately caused by a construction defect: 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. RCLA § 27. 004(g) 2. The new amendments limit damages in a proceeding under RCLA to the claimant's purchase price for the residence. 3. However, if contractor fails to make an offer of settlement, or its offer is reasonably rejected, a claimant may flle suit under DTP A or any other legal remedy. Damages under such a proceeding may include: 13
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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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FOUNDATION REPAIR TECHNIQUES FOR RE
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PROFESSIONAL RESUME of DONALD E. LE
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FOUNDATION REPAIR TECHNIQUES PAGE 1
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FOUNDATION REPAIR TECHNIQUES PAGE40
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A P P E N D I X- DRAWINGS SAMPLE FO
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Page 141: RESIDENTIAL SOIL AND FOUNDATION REQ
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Page 153 and 154: July 21, 1994 Page3 corporation, as
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
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Page 168 and 169: (3) Includes any diminution in mark
Page 171: D. Who Is a Proper Plaintiff? 1. An
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Page 179 and 180: d. The Broker (1) Absent specific a
Page 181: VI. More Honored in the Breach HORA
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