Jun 30 2002 Rich dig deeper to gain influence Analysis of Texas campaign donations shows top contributors are who's who of corporate Texas. By Laylan Copelin AMERICAN-STATESMAN STAFF "Most are giving the bulk of their money to Republicans and to Texans for Lawsuit Reform, a largely business-backed group whose members believe it is too easy to sue and win big judgments in Texas courts. "
NOTE: Texans for Lawsuit Reform is head by Richard Weekley, brother of David Weekley the builder. TLR is one of the reasons we are so lacking in consumer protection. They support binding arbitration.
Jun 30 2002 "How to Buy a Home Without Being Hammered"by David Weekley "There is no bar exam to become a homebuilder. You don't even need to own a hammer, much less know how to use one. When it comes to the greatest investment of our lives it's caveat emptor -- let the buyer beware."
Jun 30 2002 The Seventh Amendment A 100 Years of Government Encroachment by Newt Gingrich:"Seen historically therefore, the Seventh Amendment, the right to trial by jury in civil cases involving more than $20, is a bulwark of political liberty rather than a procedural amendment. Its purpose was to provide the citizen protection against the government. The Founding Fathers included many lawyers who knew this would make the judicial system slower, more inefficient and more cumbersome. They saw this as a small price to pay for protecting freedom from corrupt or tyrannical judges or from powerful or rich persons with unfair influence."
Jun 30 2002 Claims boost insurance rates, fraud By MARY SIT-DuVALL "Mold remediation is an unlicensed and unregulated industry. There are 250 to 300 mold remediation companies in Houston, and some are them are engaged in fraud, says Davis."[Jim Davis of the Texas Department of Insurance]
["New home construction is an unlicensed and unregulated industry. Because of this, we have no idea how many builders are practicing in Texas or how many are committing fraud or contributing to the mold crisis."]
--John Cobarruvias HomeOwners for Better Building
Jun 28 2002 Seven charged with flooding homes Alleged fraud made $5 million By BILL HENSEL JR. and ROSANNA RUIZ When consumers commit fraud against corporations they pay the price. (and rightfully so)
If we can only get the same action against corporations who commit fraud against consumers.
Jun 27 2002 Age-old mold proliferates, but mostly in new homes The Seattle Times...
Jun 27 2002 What Your Contractor Won't Tell You. "My license is worthless."(Excpt in TX where he doesn't have a license)
Jun 22 2002 Posted on Sat, Jun. 22, 2002 NATION'S HOUSING A way to resolve builder owner defect disputes KENNETH HARNEY. "The Washington law, which took effect June 13, essentially requires a "cure" or buffer period for defect repairs or a financial settlement before buyers can file suit against builders. "
NOTE: This is nothing new in Texas. In 1989 we had a similar bill called RCLA (Requires Competent Legal Assistance or Residential Construction Liability Act.) It started out like the bill in Washington State and was modified over the past decade which has led to an uprising of homeowners. It is their foot in the door to eroding consumer protection.
Jun 21 2002 Inspectors Warn Deck Owners Eight Hurt In Tuesday Night Deck Collapse GAITHERSBURG, Md. -- Deck Collapse Injures Eight Inspectors were in the Montgomery Meadows neighborhood of Gaithersburg, Md., after a deck there collapsed Tuesday night. They were checking other decks in the neighborhood to see if they met inspection standards, and found that at least 70 decks did not.
NOTE: The picture above is from a home in Texas. The siding glass door is on the right. The deck collapsed with two people on it.
Jun 21 2002 Man's home is his hassle By Adolfo Pesquera Express-News "Hanks blames his contractor, Mychal Krause, owner of Krause Construction Inc. Last summer, Hanks paid Krause $85,500 for construction of a small house in the 800 block of Ripley Avenue, near San Antonio College.
He was told later that Krause never paid the contractor's lender, and now that lender has foreclosed upon Hanks' house. "
NOTE: Yet another reason for homebuilders in Texas to be licensed.
Jun 19 2002 Buyers' Remorse The Cohns say their builder ripped them off with a poorly built home that became infested with mold. They've joined other Texas homeowners who want a lemon law passed just for houses. BY WENDY GROSSMAN
"If you get a bad haircut, you can call a 1-800 number," says state Senator Leticia Van De Putte, D-San Antonio, who authored a bill proposing a home lemon law. "If somebody sells you a bad house, there's no state agency to report it to. Nothing."
See other Houston Press articles on homebuilders: Closing Costs (Ryland Homes) :Redefining Reform (David Weekley) Slab 'O Trouble. (David Weekley), Weekley for the Defense (David Weekley)
Jun 13-15 2002 HomeOwners for Better Building at the Texas State Democratic Convention.
Jun 10 2002 Home buyers seek class-action status By Bob Driehaus, Post staff reporter Buyers of more than 200 Erpenbeck-built homes hope a judge will grant class-action status today to a lawsuit that could free them from liens on their houses.
See Also: Under investigation A. William Erpenbeck spent years building a company that appears to be crumbling. One of the Tristate's biggest home builders, the Erpenbeck Co., is under federal investigation for a suspected bank fraud that is affecting lenders, subcontractors and home owners.
NOTE: The above link is a complete set of articles on this homebuilder and the investigation by the FBI in the Cinncinati Enquirer.
Jun 7 2002 Warranties can be helpful but tricky, too By Lisa Rauschart SPECIAL TO THE WASHINGTON TIMES . "New-home warranties have been under increasing scrutiny in the past 10 years, after a 1991 congressional investigation revealed that many consumer claims went unregarded. A number of states since then have enacted laws that make use of an "implied warranty" that comes with the purchase of any new home."
NOTE: The implied warranty is under reveiw by the Supreme court.. For more info see reviews of new home warranties.
Deceptive Trade Practices Cases filed under TX AG Cornyn: 17%
"Unfortunately, General Cornyn has made pursuing true consumer protection cases a much lower priority."
June 6 2002 Consumers Question Attorney General Priorities: Call for increased vigilance on behalf of Texas families through Consumer Protection Division. "The Texas Watch Foundation charts document that from 1983 through 1991, cases involving the Deceptive Trade Practices Act (DTPA)--a key consumer protection statute--comprised 60 percent of all cases undertaken by the CPD. Since 1998, cases involving DTPA violations comprised only 17 percent of all cases undertaken by the CPD."
June 4 2002 The Secrecy of Binding Arbitration. "Arbitration, Other Matters: Each party agrees to keep all Disputes and arbitration proceedings strictly confidential, except for disclosing of information required in the ordinary course of business of the parties or by applicable law or regulation."
--Contract Clark Wilson Homes, Inc. Austin Texas.
NOTE: Does this mean no media attention? No protesting? No letters to our Senators and State Reps? Or to the Texas Attorney Generals Office? (as if that would do any good.)
June 4 20002 Arlington Texas: Single Family Housing Standards Survey Results
How did residents, realtors and developers feel about the quality of new single-family construction?
- Just over 48% of respondents believed the current single-family residential construction in Arlington is average.
Almost 42% of respondents believed the new construction to be below average.
May 31 2002 Court limits employee's right to sue Ruling says a worker can be required to use binding arbitration in dispute with employer By David Pasztor AMERICAN-STATESMAN STAFF Instead, workers must agree to settle disputes through binding arbitration, a process in which an independent, private arbiter hears the case and renders a final decision. If the employee does not want to accept the use of binding arbitration, under the court's ruling, he or she can quit.
June 8, 2001 Court ruling upholds binding arbitration. Consumers can be barred from lawsuits Associated Press AUSTIN -- Consumers who complain about defective products can be forced into binding arbitration and barred from suing the manufacturer, the Texas Supreme Court ruled on Thursday.
NOTE: Yet another screwing for the consumer by the Texas Supreme Court. This is another indication of what they intend to do with the Implied Warranty of Habitability and good workmanship. See Centex Homes and Centex Real Estate Corp. v. Buecher
May 29 2002 Texas Watch Consumer Activist Activist Training Session. Texas Watch is, and we are doing something about it. We are continuing on our statewide tour to meet with consumers who have been mistreated by the insurance industry and want to take a stand.
May 28 2002 Arbitration Should Stand on it's Own. by John R. Cobarruvias. Guest Editorial in The Citizen. "Arbitration clauses should be removed from new home contracts as a prerequisite to purchasing the home. Only when a dispute arises should the owner be given the option of binding arbitration instead of the current court system. Only when the extra fees, rules, procedures, and backgrounds of the arbitrators are openly disclosed to the homeowner can they make a reasonable and educated decision."
"Disclosure of the facts to reach an informed choice will allow binding arbitration to stand on it's own or fall on it's farce." (that is farce, not face)
May 28 2002 A NEW THREAT TO CIVIL JUSTICE The Assault on Arbitration by Texans for Lawsuit Reform (President Richard Weekley, Texas homebuilder David Weekley's brother) "Another bill, S.B. 1706, would have prohibited the use of pre-dispute binding arbitration agreements in many contracts, such as employment contracts, and would have imposed new restrictions on other arbitrations. The bill, opposed by TLR, failed to pass."
NOTE: S.B. 1706 was specifically for contracts that mandated binding arbitration without disclosing the high cost, and possible abuse, such as the one used by David Weekley. It is no wonder that Weekley came to the rescue again. SEE:Weekley for the Defense By Bob Burtman The Houston Press." If the Murillos, Townsends and Ganjis tried to bring their suits against David Weekley Homes today, they might have a tougher time in court, thanks to revisions in the law approved during the 1995 legislative session. Those changes were largely due to the efforts of Texans for Lawsuit Reform and its founder, shopping center developer Dick Weekley, David's brother."
May 28 2002 HYPOCRITES OF "TORT REFORM" By Emily Gottlieb Deputy Director, Center for Justice & Democracy. In April 1995, Texans for Lawsuit Reform (TLR) helped lobby for legislation that capped punitive damages, limited governmental and professional liability, undermined joint and several liability and decimated Texasm Deceptive Claims Practices Act. [18]
Yet at the time this legislation passed, TLR Board members Leo Linbeck, [19] Richard Trabulsi and Richard Weekley had themselves filed over 60 lawsuits either personally or as business owners.
May 28 2002 Under investigation A. William Erpenbeck spent years building a company that appears to be crumbling. One of the Tristate's biggest home builders, the Erpenbeck Co., is under federal investigation for a suspected bank fraud that is affecting lenders, subcontractors and home owners.
NOTE: The above link is a complete set of articles on this homebuilder and the investigation by the FBI in the Cinncinati Enquirer.
May 28 2002 Huge repair bill for new homes with leaks Thousands of new homes are now believed to contain serious leaks and rotting timber frames, creating a national repair bill estimated at $1 billion and a health threat from toxic mould.
May 26 2002 Mold threatens faux stucco Insurers balk at coverage for product By Ken Alltucker, kalltucker@enquirer.com The Cincinnati Enquirer They're threatening to cancel or significantly change policies of contractors that install the stucco-like material s a move that could eliminate the popular material used on buildings from Great American Ball Park to hundreds of suburban homes.
May 23 2002 Just how biased can an arbitration and arbitrator be? Read Falbaum v. Houston Village Builders Inc (PDF) submitted to the Texas arbitration hearing May 15. This was a case in Houston. This is well worth reading.
May 23 2002 The use of Mandatory Binding Arbitration Clauses in The Woodlands Texas. Can you buy a new home in The Woodlands without giving up your 7th Amendment Rights to a civil trial if you have a defect in the biggest investment of your life?
May 23 2002 DR Horton's $10,000 Arbitration Clause. "If buyer does not seek arbitration prior to initiating any legal action, buyer agrees that seller shall be entitled to liquidated damages in the amount of $10,000."
May 23 2002 House Passes Bono Arbitration Bill The legislation requires motor vehicle dealers and manufacturers who sign motor vehicle franchise contracts to have an opportunity to accept or reject mandatory binding arbitration after a legal dispute arises, according to Bono. "This allows car dealers the option to voluntarily enter into binding arbitration instead of being contractually obligated to do so."
NOTE: As we have said, we have more protection for our cars, than we have for our homes. See PTCruiser vs. David Weekley.
Mar 23 2002 What NAR should do about mold Board of directors approves mold working groupms recommendations By]Marcie Geffner Inman News Features. Mold was on the minds of many of the Realtors attending the National Association of Realtorsm governance meetings here last week, and the associationms Mold Working Group had some observations, conclusions and recommendations to add to the Realtorsm thought processes on the toxic subject.
May 22 2002 Montemayor approves USAA policy New policy would cover damage from sudden and accidental water discharges AUSTIN (AP) -- USAA has been authorized to offer homeowners the same type of policy that it offers homeowners in other states, Insurance Commissioner Jose Montemayor said Wednesday.
The new policy would cover damage from sudden and accidental water discharges, but, unlike the state's comprehensive, or HO-B, policy, it would not cover losses, including slab foundation damage, caused by constant or repeated seepage or leakage of water or by sewer backup.
May 19 2002 Nonprofit group pans arbitration Says system stacked against consumers Associated Press Touted as a cheaper and faster alternative to lawsuits, binding arbitration is expensive for consumers and denies them access to courts, according to a report released last week by the non-profit group Public Citizen.
May 19 2002 Mayor: Inspectorms office cleared By SHA PHILLIPS After a one-day investigation, Georgetown Mayor Everette Varney cleared the building inspection office of any wrongdoing at 104 Coachman Ln.
lFrom all indications, it was clearly the fault of the builder,n Varney said.
May 19 2002 Code violation leaves homeowners in limbo By SHA PHILLIPS When Chris and Sabrina Justice moved into their new home in The Stables last month, they assumed all legal hurdles had been cleared. A few days later, they found out otherwise.
May 19 2002 Mold refugees discover high housing costs 3-bedroom home can rent for about $4,000 a month By Laura Elder Caller-Times When Terry and Darla White fled their moldy Brighton Village home 13 months ago, they went in search of temporary shelter. What they got was sticker shock.
May 17 2002 Consumer advocates hammer arbitration Homeowners from across Texas Rally at the TX State Capitol prior to the Hearings on Arbitration. Hearing Audio Available
May 17 2002 Public should keep right to day in court Editorial Board AUSTIN AMERICAN-STATESMAN Within the United States, however, some in the business community are doing whatever they can to shake themselves free of the judicial system in favor of "binding arbitration" clauses in contracts that automatically send disputes to an arbitrator rather than a courtroom.
May 16 2002 Who really backs lawsuit abuse campaigns? Citizens Against Lawsuit Abuse (CALA). Shouldnmt the name be Corporations Against Lawsuits? (Enough said)
May 16 2002 U.S. housing construction slacks off Associated Press WASHINGTON - Housing construction -- which started off the year with a bang -- declined in April for the second month in a row, a sign the building sector may be losing some steam.
Builders broke ground last month on 1.56 million units, at a seasonally adjusted annual rate, a 5.4 percent decline from the March level, the Commerce Department reported today.
May 16 2002 Home buyers object to clause in sales contracts Texas House panel hears complaints about binding arbitration requirement By David Pasztor AMERICAN-STATESMAN STAFF Home builders are drawing most of the ire in Texas, said Jackson Williams of Public Citizen, because almost all of them are now inserting binding arbitration clauses into their contracts at the suggestion of the Texas Association of Builders.
May 16 2002 Consumer advocates hammer arbitration By Adolfo Pesquera Express-News Business Writer James Evans, a Houston attorney, cited a case where a client's house slid down a hill because of an improper foundation. After his client got nothing, Evans sued the association and arbitrator Stephen Paxson, claiming Paxson, a lawyer for the Greater Houston Builders Association, had lobbied to change the law his client was relying on.
Note: Unknown to most in the audience, Stephen Paxson was the last speaker at the hearing. He helped write an Amicus to the Supreme Court in favor of removing the implied warranty of habitability and good workmanship, as well as an amicus in the Perry Homes v. Atiwiler case (02-98-00106-CV, 33 SW3d 376, 11-02-00)which the Supreme Court refused to hear.
May 15 2002 Texas' mushrooming toxic mold epidemic offers a crash course in the perils of binding arbitration. First, consumers learn that their new dream home is a moldy lemon. Then they discover that arbitration contracts strip their right to a jury trial and force their claims before costly, secretive tribunals that favor builders. The new Lobby Watch profiles a few consumers who bought moldy new houses from arbitration enthusiast David Weekley Homes.
May 14 2002 Private arbitration criticized Report says court often cheaper; supporters say study is misleading By MARK CURRIDEN / The Dallas Morning News Fifth U.S. Circuit Court of Appeals Judge Patrick Higginbotham warned at a conference in Dallas two weeks ago that the movement away from the public court system toward private justice is a "dangerous situation with major public policy implications."
May 14 2002 Arbitration could prove costly for homeowners By JANET ELLIOTT Copyright 2002 Houston Chronicle Austin Bureau According to the report, the filing fee for an $80,000 consumer claim in Cook County, Ill., Circuit Court is $221. The American Arbitration Association, one of several private companies providing arbitration services, charges a filing fee of $1,250.
May 12 2002 CINCINNATI DEVELOPER ARRESTED IN CHECK CASE The former president of one of the largest home-building companies in the Cincinnati area was arrested Friday on felony theft charges for allegedly passing a bad check for almost $260,000 to a contractor.
May 9 2002 THE CONSUMER PITFALLS OF BINDING ARBITRATION A Report by the Texas Watch Foundation The report raises questions about the quality of justice delivered through binding arbitration between parties of different bargaining levels and documents the uneven playing field binding arbitration offers consumers and citizens seeking justice.
May 9 2002 News-Graphic News Code violation leaves homeowners in limbo By SHA PHILLIPS 5/8/02 When Chris and Sabrina Justice moved into their new home in The Stables last month, they assumed all legal hurdles had been cleared. A few days later, they found out otherwise.
The pair have not been issued a certificate of occupancy for their 104 Coachman Ln. house, even though Scott County requires one.
May 5 2002 Homeowners Need Mold Answers Now. Houston Chronicle. Ask George W. Bush or Texas Attorney General John Cornyn. Both the Governor's Mansion and the Texas attorney general's field office were determined to be contaminated and remediated for mold. Either Texas mold is intelligent enough to attack only elected officials, or we have a very serious health issue.
May 2 2002 Washington Post: Arbitration Often Costly, Study Finds Group Says Court System Offers Fewer Charges and Lower Fees "This growing corporate maneuver is threatening the rule of law," said Public Citizen President Joan Claybrook. The high fees uncovered by the report "makes it impossible for consumers and employees to vindicate their rights," she said.
May 1 2002 May 1 - Arbitration costs are so high, many victims are unable to pursue complaints, new Public Citizen report reveals . Arbitration, although widely billed as a low-cost alternative to court, is actually far more expensive for consumers and employees who seek redress for discrimination, fraud and malpractice, a new Public Citizen report reveals. In fact, arbitration costs are so high that many people drop their complaints because they canmt afford to pursue them, Public Citizen found.
May 2 2002 Small Claims Court vs Mandatory Binding Arbitration.
May 1 2002 Fighting Toxic Mold Coble adds that some builders, apartment owners and insurance companies are now putting disclaimers into their contracts and leases, saying that mold is a naturally occurring substance and they can't be held responsible for any problems.
May 1 2002 Mystery Of Mold: Is It A Hidden Hazard? Mold is not always visible to the eye. It may be hiding in the ceiling, which is the perfect breeding ground for mold, according to News2Houston. A leaking pipe provides the water, which triggers the mold growth. The cellulose in the ceiling tile is the perfect food for the mold, experts said. And the air conditioning ductwork is the perfect vehicle to spread spores around the building.
May 1 2002 Toxic Mold from Florida. (An EXCELLENT video) Your home may be hiding a tiny invader which can endanger your health at worst, or make unlife unpleasant at best. The invader is mold, a constant problem in South Florida, but the mold in this report by Investigator Robin Kish is toxic...and ignoring the problem could leade to health problems. Apr 18 2002 USAA awaits ruling on policy By Peggy Fikac Chief, Express-News Austin Bureau AUSTIN s San Antonio-based USAA is awaiting a state decision on whether it can offer Texas homeowners a scaled-back insurance policy that excludes certain water damage, plus separate endorsements allowing consumers to "buy back" the coverage. (Don't hold your breath, the TDI is going to grant this.)
Apr 18 2002 A case for licensing of builders/contractors in Texas:
- Grand Jury Indicts S.A. Contractors. Bowmans Face Felony Theft Charges SAN ANTONIO -- A Bexar County grand jury Tuesday indicted a father and son remodeling team who promised to build dreams but left behind many trails of unfinished work and unhappy customers.
- State Attorney General Sues S.A. Contractor Bowman Accused Of Deceptive Trade SAN ANTONIO -- The Texas Attorney General's office filed a lawsuit recently against a San Antonio contractor accused of leaving behind unfinished home improvement projects.
- A Texas Home Builder Goes to Jail! "U. S. Attorney Mervyn M. Mosbacker announced today that David Alan Zovath of Houston, Texas was sentenced to 24 months imprisonment and a $5,000 fine for forging a United States Judge's signature." A PERFECT example of why builders should be regulated.
Apr 18 2002 Bill gives home builders 60 days to repair defectsBy Chip Scutari The Arizona Republic "In 60 days, we should know if the home builder is acting in good faith," said Curtis Ekmark, a Scottsdale-based construction-defects attorney who was part of Monday's negotiations. "This bill has to be equal; the home builders can't be the only one holding the hammer."
See Also:
Apr 15 2002 Letter to Arizona's Representatives and Senators, concerning HB 2620. (PDF Format) It is absolutely unreasonable to allow a builder acting in "good faith" 5 months to address a defect. This delay tactic has serious consequences to the homeowner especially with mold contamination and additional consequential damages due to this long delay. If a builder requires 5 months to address a defect , Arizona's licensing department should seiously question the builders capability to build new homes.
Apr 15 2002 Texas-size hurdles added to new homes Richard Ruelas The Arizona Republic. "It's a wearing-down process," says Cobarruvias, who runs www.hobb.org, a Web site that details homeowner horror stories. "I wouldn't trust (builders) as far as I could throw a piano."
(In reference to Arizona HB 2620 "The Builder Protection Act" and Texas's Residential Construction Liability Act RCLA pronounced wreck-ya)
Apr 14 2002 Quote of the Week from Home defect procedures debated By Chip Scutari The Arizona Republic:"With this bill, we can avoid litigation, solve the problems early on and let home builders fix the problem," said Kevin O'Malley, a lawyer for home builders. "This is to encourage people to work together and solve problems."
Mar 20 2002 Developers build shelter at state Capitol. What the home builders don't understand is that people believe their ads, the ones with slogans like "First we build a relationship, then we build a home" and "You're proud to own, we're proud to build."
Apr 16 2002 (From the symbolic death penalty to this....) Builder's association president accused of molestation Our First Coast News partner reports Stephen Lee Edmonds, who is president of the North Florida Builder's Association, was arrested last night and accused of molesting a teenager.
Apr 15 2002 (Florida Homebuilder gets the symbolic Death Penalty) Home builder's quality of work called shoddy By April Hunt | Sentinel Staff Writer. After a five-hour hearing that ended early Wednesday, commissioners in Central Florida's fastest-growing county took the extraordinary step of revoking Jeffrey Klein's license to build in Osceola. They fined him $5,000 and asked state inspectors stop him from building anywhere in Florida again.
Apr 15 2002 Builders settle defect claims 3 homeowner groups get $11 million By Chris Fiscus The Arizona Republic. While three Chandler cases recently racked up that total in damages, suits challenging the quality of other new homes are pending across the Valley. Those settlements and judgments come at a time when the Legislature is debating an industry-backed bill making it more difficult for homeowners to sue their builders. The bill is being heard in the state Senate. HB 2620 Purchasers dwellings, opportunity to repair)
Apr 15 2002 AT&T's arbitration system ruled illegal Reynolds Holding, Chronicle Staff Writer Mandatory arbitration lost substantial ground in the nation's courts again yesterday when a San Francisco federal judge denounced AT&T's private system of resolving disputes as an "illegal and unconscionable" attempt to deprive telephone customers of their legal rights.
Apr 15 2002 Letter to Arizona's Representatives and Senators, concerning HB 2620. (PDF Format) It is absolutely unreasonable to allow a builder acting in "good faith" 5 months to address a defect. This delay tactic has serious consequences to the homeowner especially with mold contamination and additional consequential damages due to this long delay. If a builder requires 5 months to address a defect , Arizona's licensing department should seiously question the builders capability to build new homes.
Apr 15 2002 Texas-size hurdles added to new homes Richard Ruelas The Arizona Republic. "It's a wearing-down process," says Cobarruvias, who runs www.hobb.org, a Web site that details homeowner horror stories. "I wouldn't trust (builders) as far as I could throw a piano."
(In reference to Arizona HB 2620 "The Builder Protection Act" and Texas's Residential Construction Liability Act RCLA pronounced wreck-ya)
Apr 13 2002 Builders discuss licensing By THOMAS DOYLE tdoyle@amarillonet.comRegulation would be best if it originates from the builder community, he said. "We might as well do it to ourselves, because if we don't some interest group will," Connally said. (www.hobb.org)
Apr 14 2002 The cost of mold Texans will feel the price of fighting fungus By Deon Daugherty deondaugherty@hotmail.com Jim Davis, a spokesman for the Texas Department of Insurance, just renewed his policy along with an increase of about 98 percent for the same coverage. "I get lots of calls from people complaining, and boy, can I sympathize with them now," he said
Apr 14 2002 Quote of the Week from Home defect procedures debated By Chip Scutari The Arizona Republic:"With this bill, we can avoid litigation, solve the problems early on and let home builders fix the problem," said Kevin O'Malley, a lawyer for home builders. "This is to encourage people to work together and solve problems."
NOTE: Arizona Bill (HB 2620 (Purchasers dwellings, opportunity to repair) passed in committee. This bill gives the builder up to 5 MONTHS before they begin repairs! FIVE MONTHS! This is insane considering it takes a builder only 3 months to build the house in the first place.
Apr 10 2002 Ed McMahon Sues Over Mold in House Courts: Entertainer seeks $20 million from insurer, alleging he was sickened by substance after botched repair. By ANN O'NEILL, TIMES STAFF WRITER Entertainer Ed McMahon is suing his insurance company for more than $20 million, alleging that he was sickened by toxic mold that spread through his Beverly Hills house after contractors cleaning up water damage from a broken pipe botched the job.
Other high profile mold victims:
Erin Brockovich's home
Former Governor George W. Bush's Mansion
Texas Attorney General John Cornyn's Field Office
Apr 10 2992 This is the bottom of a master tub stabilized by construction trash. More pictures at our ryland site.
Apr 10 2002 www.toxichomes.org.This web site serves as a resource for homeowners on the damaging aspects of toxic mold, toxic building materials, and anti-consumer residential construction policies and practices.]] To provide an instructive example, here we document our own family's toxic David Weekley home nightmare.]
Apr 10 2002 Texas Department of Licensing and Regulation The Texas Department of Licensing and Regulation (TDLR) is a state regulatory agency that currently oversees twenty types of businesses, industries, trades and occupations. (NOTE: Except homebuilders)
Apr 9 2002 Mold Could Impact Housing Sales, Affordability by Blanche Evans Homeowners have the choice of excluding their policies for mold, or paying higher premiums to include mold remediation. To get full coverage for mold could raise insurance costs as much as $800 annually.
April 6 2002 District closes elementary for mold removal West Memorial Elementary School at 22605 Provincial Blvd. will be closed for the rest of the school year for the removal of mold spores from carpets and wall cavities, Katy ISD announced March 15.
NOTE: Mold does not discriminate. It has attacked homes, schools, the Texas Attorney Generals Office, and the Texas Governors Mansion.
April 5 2002 Perry wants legislation to stem medical lawsuits (WHAT DOES THIS HAVE TO DO WITH HOMEBUILDING? SEE BELOW) Governor fears insurance costs put state at risk By POLLY ROSS HUGHES AUSTIN -- Gov. Rick Perry proposed sweeping measures to stem the tide of medical malpractice lawsuits Thursday, saying soaring insurance premiums are threatening Texas health.
"It is needed, and it is needed right away. We'll probably lose doctors before it ever reaches the Legislature," said Jon Opelt of Citizens Against Lawsuit Abuse.
NOTE: "Soaring insurance premiums" is what drove tort reform in the 1990s especially for the hombebuilding industry. Anyone who has seen their insurance bills knows ttort reform didn't work, for the consumer. Look closely who is behind this tort reform attempt. We have seen CALA do the same for the homebuilding industry.
Nov 3, 2001 The CALA Files: The Secret Campaign by Big Tobacco and Other Major Industries To Take Away Your Rights. "While CALAs masquerade as grassroots citizens groups spontaneously manifesting citizen anger against so-called "lawsuit abuse" in their states, this report shows CALAs to be part of a national corporate-backed network of front groups that receive substantial financial and strategic assistance from ATRA, APCO and some of America's biggest corporations."
Apr 4 2002 Hearings in the Civil Practice Committee on Binding Arbitration. Audio Available. Details of this hearing coming soon.
Apr 1 2002 WOODHAVEN HOMES - HELP FOR UNHAPPY HOMEOWNERS!! This page is dedicated to finding and helping other unhappy Woodhaven Homes customers.
Mar 29, 2002 ContractorsFromHell.comWelcome to Contractors From Hell a site dedicated to providing information and resources on the do's and don'ts of home remodeling, dealing with contractors, homeowners rights and more importantly, understanding that it is the homeowners' responsibility to ensure their rights are protected and not violated by unethical contractors.
Mar 29 2002 Woman works to break the mold Advocate lobbies for toxic mold protection act Jan Witherspoon "Morelli is proposing a toxic mold protection act, and has tried to get an appointment with Gov. Jeb Bush and Commissioner of Insurance Tom Gallagher. She has been unsuccessful in her efforts so far, and is becoming frustrated."
Mar 28 2002 Converse eyed for housing By Chuck McCollough San Antonio Express-News Web Posted : 03/27/2002 12:00 AM Former Housing and Urban Development Secretary Henry Cisneros is looking to build middle-income housing in Converse, other Northeast suburbs and different sections of San Antonio.
NOTE: Converse is close to the North Hampton Subdivision.
Mar 28 2002 Colorado's Bill to limit liability of the builders. HB1398.
to lMar 27 2002 Mold-resistant materials offer builders alternative to gypsum Nick Giardino ] San Antonio Business Journal. Unfortunately, upon completion of our full mold investigation, there are situations that a building is not inhabitable because of the severe nature of the mold contamination. Oftentimes these conditions could have been avoided. One example is a recent mold investigation at a nearby high school. This high school had the outer brick and gypsum wall perimeter constructed on a concrete slab that formed the entire shell of the building.
Mar 26 2002 Hispanics die disproportionately in workplace Efforts aimed at reversing trend By L.M. SIXEL Copyright 2002 Houston Chronicle E. "Dale Wortham, president of the Harris County AFL-CIO in Houston, said he'd wager that a lot of the construction-related injuries occur on residential building sites.
Mar 23 2002 The Seventh Amendment: A 100 Years of Government Encroachment By Newt Gingrich Summary: The right to trial by jury was treasured by the Revolutionary War generation that founded America. British efforts to move cases into courts without juries were seen as major steps toward tyranny. Americans viewed juries as citizen protection against corrupt or tyrannical judges. The purpose of the jury was to ensure that any act of tyranny would be unenforceable in court as the citizens on the jury would simply reject the case.
Mar 22 2002 Arbitration Used By Home Builders To Subvert Consumer Laws Home Builders Silence Consumer Voices An Editorial By Janet Ahmad President of Home Owners For Better Building
Mar 20 2002 Developers build shelter at state Capitol. What the home builders don't understand is that people believe their ads, the ones with slogans like "First we build a relationship, then we build a home" and "You're proud to own, we're proud to build."
NOTE: Arizona Bill (HB 2620 (Purchasers dwellings, opportunity to repair) passed in committee. This bill gives the builder up to 5 MONTHS before they begin repairs! FIVE MONTHS! This is insane considering it takes a builder only 3 months to build the house in the first place.
Mar 18 Nothing wrong with lobby built in Legislature Five Arizona legislators from the East Valley, including a building materials supplier and a former lobbyist for developers, are among sponsors of a bill that would protect home builders from unsatisfied customers. (HB 2620 (Purchasers dwellings, opportunity to repair) is scheduled for today at 1:30 pm (March 18th).
NOTE: Arizona, don't get suckered into this! This is similar to Texas's Residential Construction Liability Act (RCLA "Wreck Ya" which started with good intentions but quickly turned into The Builders Protection Act. HB2620 will:
The builder has more time to address a defect than it takes to build the house! This does not take into account the letters, faxes, emails, and phone calls the homeowner has already sent to the builder trying to resolved the problem in "good faith" Unlike Texas where builders run wild and free, Arizona has regulation. The builders should be advertising this existing capability to their buyers as a way to protect their investment instead of drumming up yet another set of bureaucratic frivolous laws.
Mar 17 2002 Bill would stall home-defect suits Critics call it a builders protection act. By Chip Scutari and Catherine Reagor The Arizona Republic Under a bill being pushed by the home-building industry, the Webbers would not be able to sue KB Homes for at least 120 days.
Mar 17 2002 Arizona Republic's Special Report on Arizona homebuilders: Includes:
- Construction quality varies widely Builders balance demands of workmanship, speed, profit
- Builders apt to lobby legislature
- How Phoenix compares with other hot home markets
- Complaints follow building boom
- Skilled labor, oversight stretched thin
- Costs of home-deficit suits add up
- Competition makes builders better
- High-end buyers file more complaints
- New-home flaws fertile ground for attorneys
- New houses inspected on the fly
- Cities struggle to keep up with boom
- Some builders hold multiple licenses
- State registrar serves as mediator; buyers, builders differ on effectiveness
- Complaints by zip code
- A home buyer's guide to potential problems
- Complaint records of Arizona's top 50 builders
Mar 17 2002 District closes elementary for mold removal West Memorial Elementary School at 22605 Provincial Blvd. will be closed for the rest of the school year for the removal of mold spores from carpets and wall cavities, Katy ISD announced March 15.
Mar 17 2002 Confidentiality agreements keep mold remediation off news pages Concern: Toxic mold has led to lawsuits, investigations Jane Meinhardt ] Staff Writer Tom Yacobellis, president of the Indoor Air Quality Association Inc. and founder of Buster Enterprises Inc. in Clearwater, said confidentiality agreements keep most mold-related remediation projects under wraps.
Mar 15 2002 (from Feb 2001) Weekley for the Defense By Bob Burtman The Houston Press." If the Murillos, Townsends and Ganjis tried to bring their suits against David Weekley Homes today, they might have a tougher time in court, thanks to revisions in the law approved during the 1995 legislative session. Those changes were largely due to the efforts of Texans for Lawsuit Reform and its founder, shopping center developer Dick Weekley, David's brother."
Mar 15 2002 New building code will limit termite damage A new statewide building code will help stop termites, according to University of Florida researchers. "Termite damage and control costs in Florida exceed $500 million annually, but that will be reduced by the new Florida Building Code, making builders more responsible for termite protection," said Phil Koehler, professor of entomology with UF's Institute of Food and Agricultural Sciences.
Mar 15 2002 Building designs questioned By: Jennifer Simonson March 13, 2002 Homebuilders using new building designs have left some Denver area houses, including those in Parker, vulnerable to a mold growth that can be hazardous to the occupant's health.
Mar 15 2002 "As our Governor, count on Tony Sanchez to: Force State Agencies to Better Protect consumers." Tony Sanchez for Governor Campaign Literature
Mar 9 2002 Consumer groups are labeling cheaper insurance a gimmick By POLLY ROSS HUGHES Houston Chronicle Austin Bureau AUSTIN -- Gov. Rick Perry said a new form of homeowners insurance approved Friday will cost 40 percent less on average, but consumer advocates called the policies a "smoke and mirrors" gimmick.
Mar 9 2002 Ruling may lower costs for home policies By Bob Richter Express-News Austin Bureau "I think the State Farm people said, 'Wow, we've got the governor and major political candidates for governor pushing for rate reductions,' so they offered this up," said Reggie James of Consumer Union's Austin office. "I think it's definitely a gimmick."
NOTE: Notice the title of the article "Ruling MAY lower costs..." The articles could have een "Ruling MAY NOT lower costs..."
Mar 8 2002 Family looking for a home lemon law By: Nicole Traynor A Texas family claims they are homeless because of high levels of toxic mold, and they blame the home builder, KB Homes. The Jewel family sat in front of the Capitol Building on Thursday. ]On Thursday they sat in front of the State Capitol building to get some attention.
Mar 8 2002 Separation of Powers: The Texas Supreme Court Overstepping its Bounds Consumers Call Attention to Judicial Activism on Texas Supreme Court: Court trends on Legislature's turf as they legislate from the bench ]
NOTE: During the last Session, 2 bills were brought to our Elected Officials which were either being ruled upon in the Supreme Court, or would be ruled on when they didn't pass. Once is on the implied warranties which the Supreme Court will rule on and the other is based upon Perry Homes and modifications to the RCLA. Both bills died.
Mar 4 2002 A Texas Home Builder Goes to Jail! "U. S. Attorney Mervyn M. Mosbacker announced today that David Alan Zovath of Houston, Texas was sentenced to 24 months imprisonment and a $5,000 fine for forging a United States Judge's signature." A PERFECT example of why builders should be regulated.
NOTE: Read the details of this builder (David Allen Builders) in "The Dream Home: A Cautionary Tale ". Somebody like this should be thrown into Huntsville with a bottle of K-Y strapped to him." ALSO: David Alan Zovath's wife, Lynn S. Marks sells a book on Amazon.com titled"Messages from God 365 Simple Truths for Success".
Mar 2 2002 HUD on binding arbitration: "the Department precludes binding arbitration as the sole remedy." Page 1Page 2
Feb 26 2002 Family experiencing health problems due to house mold By First Coast News Staff JACKSONVILLE, Fl - Many families have had mold in their houses but for one family, it has reached a hazardous level. The problem has gotten so bad, the family won't even go in to one room and the mother and daughter are experiencing respiratory problems. According to one expert, the problem is only getting worse.
Feb 23 2002 Owner of 'lemon' home seeks legislative changes By:Rob Roberts, Sun Staff Writer A Kansas House committee on Thursday began hearings on a bill introduced at the request of a woman who has claimed - in large spray-painted letters on her own south Overland Park home - that she and her husband bought a "big blue lemon built by Miller Enterprises."
Feb 20 2002 News from New Jersey:
ASSEMBLY, No. 511 STATE OF NEW JERSEY 210th LEGISLATURE Home Improvement Contractors' Registration and Warranty Act. SENATE, No. 362 STATE OF NEW JERSEY 210th LEGISLATURE Provides low interest loans to persons who need to acquire a new home because they have been forced to vacate their homes due to the presence of hazardous substances. ASSEMBLY, No. 1002 STATE OF NEW JERSEY 210th LEGISLATURE Home Improvement Contractors' Registration Act. SENATE, No. 652 STATE OF NEW JERSEY 210th LEGISLATURE Creates consumer complaint office in DCA regarding new home construction; requires publication of booklet explaining rights and warranties.
Feb 17 2002 Insurers' rates test governor hopefuls Two candidates propose regulation for soaring homeowners prices By TERRENCE STUTZ / The Dallas Morning News Both Mr. Sanchez and Mr. Morales have pledged to appoint a pro-consumer insurance commissioner if they are elected governor. Mr. Perry appointed Mr. Montemayor.
Feb 15, 2002 TREC HOLDS PUBLIC FORUMS ON STRATEGIC PLAN AUSTIN, Tex. -- The Texas Real Estate Commission will hold four public forums in Austin (Mar. 18), Lubbock (Mar. 20), Houston (Mar. 22) and Fort Worth (Apr. 10). These forums allow the public to comment and provide input into the process of determining agency priorities for 2003 through 2007. For exact times and locations of the forums or to submit recommendations electronically, click here <http://www.trec.state.tx.us/formsrulespubs/publications/survey/StrategicPlanComments.asp> .
Recommendations also may be mailed to:
Texas Real Estate Commission
Strategic Planning Response
Attn: Pat Holder
P. O. Box 12188
Austin, TX 78711-2188
Feb 14, 2002 Mold worries builders; Court awards, public concern about homes driving up liability fears The Dallas Morning News
David Stumbos, an executive with Dallas-based Centex Corp., knows firsthand about mold damage in houses.
"In my particular case (the damage) was probably in excess of $ 50,000," he said. "That's a lot of money for a broken water pipe."
Feb 14, 2002 Getting irate over insurance rates. Rising premiums shock homeowners, become fooder for politicians By Shonda Novak American-Statesman Staff
"It's just criminal what they can get away with in this state,"
Feb 13 2002 Texas Demacratic Candidate for Governor, Tony Sanchez, issues press release about insurance coverage and rates. "Hard-working Texans shouldn't pay twice what their counterparts in other states pay," said Sanchez. "I'm tired of seeing insurance companies come into the state, take our money, then raise prices while they reduce coverage.'
Feb 13 2002 Candidates vow to rein in homeowners insurance Democratic contender Tony Sanchez opened the campaign-trail discussion of the issue Monday By Ken Herman American-Statesman Staff In a sure sign that it's an election year, Texas gubernatorial candidates are promising to do something about the spiraling cost of homeowners insurance.
Feb 13 2002 Texas Governor Perry wants insurance companies investigated. Perry, a Republican, went to a home construction site to make his announcement a day after Democratic gubernatorial candidate Tony Sanchez said he'll push for more property insurance regulation.
Feb 13 2002 Probe of home insurers ordered Perry threatens state crackdown By POLLY ROSS HUGHES "Without question, Texas leaders such as the governor and the attorney general should be investigating and holding insurance companies accountable if they are breaking the law," said Dan Lambe, executive director of the consumers group Texas Watch. "Texas consumers have been calling for an investigation for several months."
Feb 13 2002 Perry seeks inquiry on insurance rates Sanchez had criticized homeowners' increases on campaign trail By TERRENCE STUTZ / The Dallas Morning News AUSTIN ? Responding to runaway homeowners insurance rates and a potentially volatile campaign issue, Gov. Rick Perry asked the attorney general Tuesday to investigate the marketing practices of the state's three largest insurers.
Feb 13 2002 Perry asks official to evaluate three insurance giants By From staff and wire reports Gov. Rick Perry threatened insurance companies Tuesday with more state regulation if home insurance prices keep rising and asked the attorney general to investigate. But, at the same time, he cited a potential solution that is exactly what the companies want.
Feb 12, 2002 Mold on their minds Home builders grapple with moisture matters Atlanta--Hundreds of builders crammed into a weekend seminar on mold litigation at this year's International Builders Show. The overflow crowd wanted info about what industry officials say is one of the biggest challenges for the residential construction industry.
"We've found that 28 percent of the builders reported that they had mold in at least one house under construction in the past year," said Tom Kenney with the National Association of Home Builders' research center. "Eighteen percent have reported at least one occupied house with a mold problem."
Feb 11 2002 Judge rules in favor of homeowner! The sign can stay on her house built by Casa Builders. Freedom of speech wins!
Feb 11 2002 Homeowner resists arbitration for settling case against Pulte By JO ANN ZUNIGA The owner of a house built by Pulte Homes said Friday the nation's largest homebuilder is trying to force him into costly binding arbitration rather than take the case to trial.
Feb 8 2002 Boene Texas . Contractor charged with theft By Zeke MacCormack
San Antonio Express-News BOERNE s LaWana Basler stands on the foundation of her and her husband's unfinished home at Cordillera Ranch near Boerne. Their contractor, David M. Crowe Jr., has been charged with misappropriation of funds, and their home remains unfinished.
"To go out to catch a fish requires a license, but somebody can build a $600,000 house without any qualifications," said Janet Ahmad of Homeowners for Better Building.
Feb 7, 2002 A degree in Rocket Science might be needed to understand Texas insurance. State Farm policy stirs 'gotcha' concerns By Aïssatou Sidimé. The insurer is only liable for damages caused by a "sudden" water leak and no longer pays for damage to slab foundations due to water. [I should know. I am one!]
Feb 4 2002 Displaced and dismayed Mold shuts Brownsville schools, costs millions
By JAMES PINKERTON Copyright 2002 Houston Chronicle Rio Grande Valley Bureau. BROWNSVILLE -- Schools should be bustling this time of year, but in the Rio Grande Valley many sit quietly.
The discovery of mold has forced more than 3,200 students into temporary classrooms for months at a time and prompted millions of dollars worth of cleanups.
Feb 3 2002 New front opened in mold war. Some homeowners blame problem on building practices AUSTIN - Increasing complaints of mold and faulty construction have prompted homeowners throughout Texas to band together to push for state regulation of the homebuilding industry.
Some homeowners blame homebuilders' shoddy work and defective materials for their mold problems, and they insist that the state needs a home lemon law, which the Legislature failed to pass last year.
For details about what building practices lead to the mold problems please
review one of our recent newsletters at:
http://www.realestateinspector.com/newsletter/flashing.htm
Feb 2 2002 Added a page about a KBHome in Katy Texas.
Feb 2 2002 Added Casa Builders to our list of homes.
Jan 31, 2002 Que Pasa? A dissatisfied Casa Builders homeowner, in the Bellaire area, displays their anger. (Covered by CH11, KHOU TV, Houston, TX)
Jan 26 2002 Mold in houses causes new headaches Changes in homeowners insurance will ensure one thing -- confusion. Changes in homeowners insurance will ensure one thing -- confusion. By Shonda Novak American-Statesman Staff "With the old system, you knew what you were getting," said Lambe of Texas Watch. "Now, with the endorsements, the opt-outs, the opt-ins, you can't just go on price anymore," he said. "And unfortunately, the lowest-priced coverage, more often than not, is going to be the coverage that has the most holes in it, leaving homeowners more vulnerable."
Jan 25, 2002 Press Release. Homeowners to Demand Home Builder Responsibility Sponsored by Sick of Bad Builderms (SOBB) and HomeOwners for Better Building (HOBB) University of Texas at Arlington ? BLUEBONNET BALLROOM 300 W. First Street ? N.E. Hereford University Center Monday, January 28, 2002 - 7 P.M.
Jan 24, 2002 New Homes May Have Defects, Why Can't Homeowners Sue? Ch11 KHOU Houston. "But what they do is, they stack the deck. They pick the arbitrator, you pay for the arbitrator, and it's binding on you," said John Cobarruvias, with the Texas group Homeowners for Better Building.
Cobarruvias said, "Its like another Enron. You lose your investment. And there's nobody that's gonna help you."
Royce West is a state senator from Dallas and he said, "I find that reprehensible, I find that unconscionable."
Jan 23 2002 Homeowners in the Dallas area to discuss defects,lien and bombs. More coming soon. DOES YOUR HOME HAVE UNDISCLOSED LIENS, SUBSTANDARD CONSTRUCTION, CRACKS, PLUMBING & FOUNDATION PROBLEMS, MOLD CONTAMINATION OR DID THE BUILDER FAIL TO DISCLOSE THAT YOUR HOME WAS BUILT ON TOP OF BOMBS! Join HOBB and Marty Griffin Monday, January 28, 2002 - 7 P.M. LOCATION: University of Texas at Arlington FOR MORE INFORMATION CALL
Thea King-Lewis at (817) 784-8617, (214) 923-6001 or Lisa Johnson at (817) 746-2153
Jan 20, 2002 Montemayor Makeup of mold panel is disputed. Some say that an affected homeowner should be named By Ty Meighan AUSTIN - '"It is ludicrous to appoint a task force to deal with this state's biggest, most important consumer issue without actual consumer participation,'' said Janet Ahmad, president of HomeOwners for Better Building in San Antonio. ''What is needed are consumers that have actually dealt with the problems, gone through the horrors of mold contamination, disruption of family life for year and have seen firsthand the pitfalls of dealing with health issues and insurance claims.''"
Jan 19, 2001 TX Insurance Mold Task Force Members and comments:
Consumers and homeowners: None.
Tort Reform (Deform) Groups:
Jon Opelt Executive Director of Citizens for Lawsuit Abuse. Read about CALA's history of protecting big business by limiting their liability. We can only find 3 minutes of participation by this organization during the mold hearings with a speech given by Mr. Opelt ending with a request to be on this task force, while many homeowners and consumers spent their own time and money at numerous hearings and meetings were overlooked.
Building industry.
Nancy Fisher, Texas Association of Builders, Austin. Not one builder or builder organizations spoke at the hearings.
Insurance Industry. Over 25% of the task force is insurance agents.
Bo Gilbert, Independent Insurance Agents of Texas, Austin
Bob Huxel, Farmers Insurance, Austin
Jo Betsy Norton, Allstate Insurance, Austin
Bill Pouland, Travelers Insurance, Dallas
Denise Ruggiero, State Farm Insurance, Austin
Jan 16, 2002 Letter to TX Insurance Commisioner concerning the lack of consumer participation in the mold task force. Commissioner, I urge you to appoint a homeowner, a consumer, to your task force. And as always, we are willing to help find one with the real world experience with mold contamination your current task force is lacking.
Jan 16, 2002 "My KBHome has Mold! Lemon Law" for Builders? By: Patrick G. Laake and Nicole Ponder, Staff Writers Katy homeowners say they've been burned by builders, support a new law to protect buyers Katy residents forced to move from their homes because of alleged faulty construction are turning to a homeowners rights group seeking to pass a "lemon law" for homebuilders.
Jan 16, 2002 Insurance hikes. Montemayor is right to support homeowners?!?!?!? [Since when did Montemayor support homeowners?] We also urge state lawmakers to take a serious detailed look at building construction practices to determine whether shoddy workmanship and violated building codes are contributing to mold and water-related claims.
Jan 16, 2002 Consumer allies hit insurance task force By Adolfo Pesquera Express-News Business Writer A state advisory task force appointed to develop recommendations on how insurers should respond to water and mold damage claims is being criticized for a perceived lack of consumer representation and heavy industry membership. See our press release below.
Jan 16, 2001 Press Release: Commission Stacks Deck with Special Interests. "No Consumer Participation" "The biggest question is, why the appointment of Citizens Against Lawsuit Abuse with ties to special interests, whose sole purpose is to limit consumer redress and access to the courts. What have they done for the consumer? What useful purpose could be served by their participation, unless Montemayor's intentions are not in the best interest of the consumer but for the protection of the insurance industry from responsibility and liability,"
Jan 15, 2002 The Mold War. Armstrong and both her children are taking medications to deal with symptoms she said were mold-induced. The family is suing the builder and has sealed off the room. "It's just not financially feasible for a family of four to up and move," she said.
Jan 4 2002 SPECIAL REPORT Mold Homeowners are at odds with builders and insurers over who should pay to clean up 'toxic' varieties. By DIANE WEDNER, Times Staff Writer. Gov. Gray Davis signed the Toxic Mold Disclosure Act of 2001 in October, which requires anyone selling, transferring or leasing commercial, industrial or residential property to disclose a potentially dangerous mold problem. The law also directs the Department of Health Services to convene a task force of mold experts and health professionals to advise on exposure limits and remediation standards for toxic mold.
Jan 4 2002 Home insurers shrink coverage By Adolfo Pesquera Express-News Business Writer Allstate Corp. recently received state permission to offer homeowners a standard policy that provides less coverage than in the past, a move that its two major rivals in Texas also are making.
Less coverage. Higher costs. No Place but Texas.
Mold remediation in the bathroom of a Medallion Home in San Antonio, TX
Jan 3, 2002 New Jersey Proposed Mold Legislation: The department shall prepare and transmit to the Governor and Legislature a study concerning the dangers posed to the public health, safety, and welfare by the presence of mold in indoor environments in the State. The study shall identify the potential sources of contamination in the State, identify demographic, geologic, and geographic areas subject to an actual or potential threat or danger of contamination, and develop a cost-effective strategy for mold contamination testing. The study shall include recommendations for private actions to solve or alleviate potential health problems and any legislative or executive action that should be taken.
Jan 3 2002 Mold house could be used for research Former resident recounts how his dream house turned into a nightmare By darlene diebold Staff Writer
Jan 2 2002 Parents backing mold cleanup bonds. Then there were the sniffles, the headaches, the frequent trips to doctors' offices with children who had rarely been sick -- visits in which students were diagnosed with back-to-back episodes of strep throat and sinus infections. Although there is no conclusive proof that mold has made children sick, parents aren't convinced.
Jan 1, 2002 The Fight Before Christmas. From an owner of a new mold home.
'Twas the fight before Christmas and all through the house,
The service technicians were scurrying about.
The stockings weren't hung by the chimney with care,
'Cuz everyone knew Stachybotrys was there.Dec 31, 2001 The Year in Review:
We started the year with attending the heairng at the Texas Supreme Court where the court will rule on whether the bulders should be relieved from the implied warranty of habitability and good woorkmanship. It has been over a year now without a decision.
Filed the first ever Lemon Law for new homses. We gained valuable experience and attention to the situation. We will refile in 2003.
Testified at various hearings during the Texas Legistlature session concerning the implied warranty of habitability, binding arbitration, and modifications to the Residential Construction Liability Act. (Builders Protection Act)
Testified at all the mold hearings held in Texas concerning insurance coverage of mold contamination.
A HOBB Representative was filmed by Dateline concerning Pulte Homes Warranty. This national broadcast shed light on the questionalbe value of the warranties provided by the builders.
Attended various protests such as the one in North Houston with Life Forms Homes, many which are contaminated with mold.
An investigation by HUD into Kaufman and Broad, KBHome began this year concerning a subdivision in San Antonio with water intrusion problems.
Farmers Insurance is hit for $32Million in a case in Dripping Springs Texas. Although HOBB did not participate in this, it is a significatn event.
Texas Supreme Court upholds binding arbitration clauses. (Not a surprise)
Texas Insurance Commissioner gives homeowners a lump of coal for Christmas and removes mold coverage from insurance policies.
Happy New Year! 2002 will be a GREAT one!
Dec 28, 2001 More coal for Texas homeowners this Christmas. Texans pay more for less coverage Some insurers pack a surprise in home policies. "He paid nearly $2,000 for a comprehensive policy this year. To stay with the same company next year, his insurance company said, he would have to pay double that for a policy offering significantly less protection. "
After the first of the year, he [Texas Insurance Commissioner Montejayor] plans to approve a similar enhanced policy proposed by Farmers that also excludes slab or foundation repairs.
Dec 27, 2001 Builders replaced by homeowners in Canyon Gate By:Norm Rowland, Staff Action not necessarily related to specific problems but new director says a number of people are 'upset' with builders of homes in the subdivision. The Canyon Gate Homeowners Association elected three homeowners to the board of directors Dec. 17, replacing three builders' representatives and giving homeowners all five seats on the board.
The election results may or may not have been affected by problems two homeowners, Amy Weaver and DeLynn Archer, have been having with Royce Homes, according to Richard Kirkpatrick, one of the new board members.
Dec 22, 2001 Allstate unveils new mold insurance. HO-A Plus caps at $5,000, if mold came from a covered loss By Laura Elder. "When the Insurance Commission made the decision to limit coverage under HO-B, that solved the problem for the companies," said Rob Schneider, senior staff attorney for the Consumers Union Southwest Regional Office. "But apparently the companies are interested in restructuring coverage further than that."
Dec 20, 2001 Squeezing lemons REALTORS® eye state lemon law efforts "REALTOR® in the state are neutral on the issue, says Tom Morgan, attorney for the Texas Association of REALTORS®. Consumers are not without some regulatory protection already. The Deceptive Trade Practices Act provides consumers with a means for claiming damages against a builder for shoddy construction. It's a cumbersome law to use, however, because it leaves differences to be settled in court. But the damages can be generous. "If there is $10,000 worth of repair, consumers can receive up to six times that amount in damages," says Morgan. "
CORRECTION: The Deceptive Trade Practices Act (DTPA) allows only 3 times damages. Also, the builders in Texas ARE EXEMPT from the DTPA. Instead they have the Residential Construction Liability Act (RCLA) which provides the builder with excellect protection from taking responsibility for their actions. The RCLA is a great example of why we need a lemeon law!
Dec 19, 2001 Added new websites about Royce Homes in Katy TX. Please visit their sites about toilet overflows and sewage problems. Could that be why the surrounding homes are not selling? See The dream home that became a nightmare
www.runawayfromroycehomes.com
www.bewareofroycehomes.com
Dec 16, 2001 Texas. The Home Buyer Beware State.The deception of new home warranties and the lack of consumer protection for new homeowners instills nothing but false hope. You "hope" your home does not have a serious defect, because if it does you will soon learn the meaning of the Lone Star in our state flag. You will find yourself fighting this battle alone.
Dec 16, 2001 Montemayor's mold decision protects insurance industry. by John R. Cobarruvias HomeOwners for Better Building. Governor Perry called this decision "a fair and balanced response to the no-win issue of mold coverage and homeowners' insurance". This is easy for him to say. His home, the Governors Mansion, was remediated of mold contamination, by the very best insurance money can by, our tax dollar.
Dec 13,2001 The dream home that became a nightmare By: Norm Rowland, Staff December 13, 2001 Cinco Ranch buyer, builder lock horns in legal dispute A Katy woman says her $248,000 dream home in Cinco Ranch has turned into a recurring nightmare because of bad plumbing, faulty gas connections, mold and an unwillingness of the builder, Royce Homes, Ltd., to correct the problems.
Amy Weaver, a single mother of daughters age 10 and 16, says her problems began about seven hours after she moved in when the toilet off her master bedroom backed up and spilled sewage in the bathroom and bedroom.
Dec 13, 2001 Panel finds mold issues are difficult Texas House committee looks at builders' liability By Ty Meighan AUSTIN - A House committee examined mold-related issues Tuesday, from the health effects to builders' liability for the increasing number of water damage claims, to stem Texas' ongoing mold insurance crisis. Some consumer groups are pushing lawmakers to pass legislation to regulate the homebuilding industry.
Dec 10 2001 Follow reasonable mold compromise with more inquiry. The next logical step in this saga will have to be investigating whether new construction materials or methods deserve part of the blame for the upshot in mold damage claims. Addressing this issue solely from the insurance end is not ultimately going to solve the problem.
Notice this ,soon to be new home, has the copper tubing without the protective sleeves as stated by Chapter 26 General Plumbing Requirements of the IRC 2000 P2603.3 ... Pipes passing through concrete or cinder walls and floors, cold-formed steel framing or other corrosive material shall be protected against external corrosion by a protective sheathing or wrapping or other means that will withstand any reaction from lime and acid of concrete, cinder or other corrosive material. See following 3 stories below:
Dec 8, 2001 San Antonio, TX Stinson: Q. and A. in wake of city code-enforcement investigation This is the fourth and final column in a series of reports about lax enforcement of a building code regulation that requires plumbing contractors to put protective sleeves on copper pipes in new-home foundations
Dec 6, 2001 San Antonio, TX Roddy Stinson: 'All three leaks were in the slab ... total cost to date: $9,610'. Here are some of the horror stories I received in response to the revelation that for decades the city has failed to enforce a plumbing code requirement to put protective sleeves on copper pipes embedded in the foundations of new homes:
Dec 4 2001 San Antonio, TX Roddy Stinson: State official says City Hall's dereliction taken 'very seriously' Our investigator is making random checks around San Antonio to confirm that plumbing contractors are putting sleeves on the water piping and to make sure that the required inspections are being made.
Reference: Dec 2 2001 San Antonio, TX Roddy Stinson: Is your floor squishy? Maybe your pipes weren't inspected San Antonio Express-News "(A new code required) that no piping shall be directly embedded in concrete or masonry," making sleeving of copper pipes mandatory. Nevertheless, the city "continued the policy of not requiring the copper in the slab to be inspected."
"The main reasons," Stricker said, "was lack of adequate staffing to handle that type of additional workload as well as the fact that there did not appear to be any problems resulting from not inspecting it. Rerfence Letter from San Antonio to the Texas Department of Insurance investigation team: Page 1 and Page 2.
Dec 4 2001 Press Release. Insurance Industry rewarded for mishandling of claims. ...a press release issued by the Texas Department of Insurance, titled Montemayor Protects Consumer Choice. lMy first reaction is that it insults the intelligence of the consumer,n said Ahmad. lHis decision falls well short of Consumer Protection.n
Dec 3, 2001 Texans agree mold a problem, poll shows By SHANNON BUGGS Copyright 2001 Houston Chronicle The poll asked Texans whom or what do they blame for the increasing number of mold claims in Texas. Nearly one in three, or 30 percent, said water leaks/climate are responsible, compared with nearly one in four, or 23 percent, who placed the blame on homebuilders.
Dec 2, 2001 Coming Soon! KBHome Lied to us! Your Next! Monday 10PM KENS TV San Antonio Texas.
Nov 30 2001 Veteran battles homebuilder VA investigates possible foundation design flawsBy BILL MURPHY Copyright 2001 Houston Chronicle "It seems there may be problems with this foundation design," said Mike McReaken, who oversees VA loans in Texas and three other states. "We don't want to put any other veteran in a situation where he buys a home that has a design flaw." Feference: VA Letter pages 1 2 3 4. (or PDF Format) .
