Builder’s Risk Insurance Basics

Broadly speaking, builder’s risk insurance protects against unplanned risks to work under construction and to certain items on the construction site.

Builder’s risk provides first-party coverage, which means that the insured itself can make a claim directly against the policy.texas construction builders risk insurance

For additional reading, the Houston Chronicle has published an overview of builder’s risk insurance here.

Insurance is a specialized practice area, and the precise language of the insurance policy is very important to understanding rights and responsibilities. For this reason, it’s wise to visit with your insurance agent or attorney about your particular situation.

In our Law 101 posts, we define terms, phrases, or concepts with the goal of conveying core information in order to set the stage for more complex discussions.

Contracts for Deed—Texas Rio Grande Legal Aid

texas contract for deed legal aidWhat is a contract for deed? Must you file it in the property records? Generally, what are a buyer’s rights under that instrument? When may the seller cancel the contract for deed?

These and other questions are answered by Texas RioGrande Legal Aid, Inc., and published by TexasLawHelp.org, here.

Texas RioGrande Legal Aid is a non-profit organization that provides free legal services to low-income residents in 68 southwest Texas counties. TRLA is the third largest legal services provider in the nation and the largest in the state of Texas. Donation information may be found here.

Our Tips & Resources posts are intended to provide general educational information. Like all other material on this blog, it is not a substitute for legal advice.

What is an Owner’s “Program” on a Construction Project?

A program is part of the communication process between the construction project owner and the company(ies) responsible for evaluating, designing, and building the project.texas construction law owner's program

In its most basic elements, an owner’s program contains the owner’s overall goals and limitations for the project, This may include items such as price/budget constraints, scheduling, space requirements, special equipment, safety issues, and more.

The program often serves as the foundation for further discussion about the feasibility of the project in light of the program’s substance. For example, in those instances in which the owner retains an architect for the project, that architect almost invariably provides feedback on the program as part of the schematic design phase, the first of several phases of the architect’s design process.

In our Law 101 posts, we define terms, phrases, or concepts with the goal of conveying core information in order to set the stage for more complex discussions.

How Long Does Adverse Possession Take in Texas?

Adverse possession always seems to be a popular topic. The idea that you may able to take something that you knowtexas adverse possession real estate isn’t yours and legally make it your own (without compensation) may be enticing. That same idea, however, may be off-putting if it’s your property that is taken by someone else.

How long does adverse possession take? As usual, the answer is not so simple.

The Texas Civil Practice & Remedies Code lists several different statutes of limitation for bringing suit to recover real property purported to having been taken — or purporting to be in the process of being taken — by another.

There are three-year, five-year, ten-year, fifteen-year, and twenty-five year statutes of limitations.

Which limitations period applies depends on whether the person claiming to take the property (the “Claimant”) holds it under title or color of title, whether the Claimant pays taxes on the property, whether the Claimant claims the property under a registered and non-forged instrument, how the property is being held, the size of the property at issue, whether the property is enclosed, whether the person whose property is being taken is, has been, or was operating under a legal disability (minor, unsound mind, or in the U.S. armed forces during a time of war), and other circumstances.

In our Law 101 posts, we define terms, phrases, or concepts with the goal of conveying core information in order to set the stage for more complex discussions.

Who Should Get the Initial Permits Required to Start Construction?

The owner of the project — the person desiring the construction — is generally required to obtain the preliminary construction permits necessary to begin the work.

However, the owner may reallocate this responsibility by virtue of her contract with the contractor or her contract with the architect/engineer.

In addition to construction permits, there may be other restrictions, laws, or regulations that influence an owner’s ability to build on any particular site.

In our Law 101 posts, we define terms, phrases, or concepts with the goal of conveying core information in order to set the stage for more complex discussions.