Texans for Lawsuit Reform

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In the News

Right to Repair vs. Frivolous Lawsuits

Valley Morning Star, February 23, 2021

By Sergio Contreras | Special to the VMS

The Texas Legislature during its 2019 session passed a law requiring school districts and other governmental entities to give architects, engineers and contractors an opportunity to correct work deemed to be defective after a construction project is completed.

The law is known as the Right to Repair act, and by its formal name, H.B. 2826. The law’s purpose was to mandate communication between local governmental entities, architects, engineers and contractors to jointly address areas of concerns and avoid costly litigation. It is unfortunate to report that, in fact, some predatory plaintiff attorneys are working with some area school districts to file lawsuits against contractors, architects, engineers and the many subcontractors who work with them in the construction of campuses across the Rio Grande Valley. In doing so, these attorneys – many of them based outside of the Valley – are working with their clients, the school districts, and local attorneys to evade the 2019 law in claiming that past contracts between the parties allows them to circumvent Right to Repair.

In doing so, they are denying area designer and builders the opportunity to work with school districts to properly address any perceived problems in the post-construction phase of project completion. It is also a dubious legal claim that is being questioned by state Rep. Terry Canales, D-Edinburg, as he has asked the state attorney general for an opinion on the matter. “Lawyers are trying to bootstrap themselves to older contracts, claiming they are grandfathered, and therefore not subject to the new law,” Canales said in a statement. “It’s possible these loopholes are not legal, and therefore, the contracts with the school districts are void as a matter of law.”

As an opinion from the AG is awaited, there is no doubt the impact these frivolous lawsuits are having on area contractors, engineers, architects and subcontractors. The cost of insurance premiums is soaring for Valley industries involved in school construction work, with many insurance companies no longer covering our region. One RGV architectural firm, ERO, reports seeing an increase of 360 percent in premiums in recent years. Deductibles are now upwards of $100,000 per claim in dealing with litigation.

Lawsuits against contractors also touch the many subcontractors they utilize, whom are local residents, local tax-payers, local small business owners that are the backbone of our region. One RGV construction company, D. Wilson of McAllen, wrote a letter to Canales stating that 85 percent of its contract revenue is assigned to local contractors and vendors. Wilson’s president and chief executive officer, Josue Reyes, noted in the letter that its history with just one area school district included 10 projects with over 200 subcontractors involved in the work.

The subcontractors include plumbers, electricians, and welders, your neighbors and friends, and their companies play a crucial role in the RGV economy. Frivolous lawsuits adversely affect their companies and employees just as it does for the general contractors who utilize their services. The continued operations of some local businesses will be in peril if the loophole to the Right to Repair continues unabated and some plaintiff lawyers and area school districts are allowed to go around the law.

The need is urgent in addressing this issue and we commend area legislators for their willingness to see to it that Right to Repair is followed. We urge area school districts to communicate with their contractors under current law and work in a cooperative fashion to make the necessary repairs and contain costs for everyone in keeping our local economy humming with jobs and growth.

Sergio Contreras is President/CEO of Rio Grande Valley Citizens Against Lawsuit Abuse.

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Texans for Lawsuit Reform

13 hours ago

Texans for Lawsuit Reform

When 30-year-old Quinnton Allen violated his parole for possession of a firearm, a Houston judge not only allowed him to stay on parole but granted him a PR bond for a felony. Unfortunately, the decision to release him on bond may have cost a man’s life. Read and share: bit.ly/3OvDU5z ... See MoreSee Less

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29-year-old man murdered after judge grants felony PR bond to armed robber recently paroled from prison

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HOUSTON – “I’ve never had any of these defendants we’ve profiled on Breaking Bond on parole and on a felony PR bond charged with murder,” said Andy Kahan with Crime Stoppers. “This is a fi...
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That judge should be held accountable

His family should get a good lawyer & sue the city & the judge…

The judge should be held as an accomplice to the murder before the fact and sued in civil court for his contribution to the death of the citizen.

Texans for Lawsuit Reform

1 day ago

Texans for Lawsuit Reform

Texas ports are thriving today, but in the early 2000s, abusive personal injury lawsuits threatened to shut them down. As the Port of Houston begins a long-awaited expansion, read more about the common-sense lawsuit reform in 2007 that saved our state’s shipping industry in this week’s TLR blog, For the Record: bit.ly/3aeTy6n ... See MoreSee Less

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Texans for Lawsuit Reform

3 days ago

Texans for Lawsuit Reform

Wishing everyone a very happy Fourth of July! ... See MoreSee Less

Wishing everyone a very happy Fourth of July!
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Happy Independence Day America Today we celebrate our Republic 🇺🇸


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lawsuitreform avatarTLR@lawsuitreform·
13h 1544713193846603777

When 30-year-old Quinnton Allen violated his parole for possession of a firearm, a Houston judge not only allowed him to stay on parole but granted him a PR bond for a felony. The decision to release him on bond may have cost a man’s life. Read & RT:

29-year-old man murdered after judge grants felony PR bond to armed robber recently paroled from prison

HOUSTON – “I’ve never had any of these defendants we’ve profiled on Breaking Bond on parole and on a felony PR bond charged with m...

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