New Home Construction Booming in Texas
October 24, 2022 —
Jason Daniel Feld & Ron Raydon - Kahana FeldWith the rapid relocation trends of families moving to Texas, it was reported that new residential construction permits in Texas grew to a total value in excess of $2 billion and over 7,500 new construction permits in September 2022 alone. D.R. Horton lead the way with 1,139 new permits, while Lennar Homes clocked 696 new permits. Other leading homebuilders including KB Homes (239 permits) and Pulte Homes (253 permits) remained active heading into the 4th Quarter of 2022. The following is a breakdown of new permits and average home values in the 4 largest cities in Texas (Houston, Dallas, Austin and San Antonio) for September 2022:
Houston
Last month, there were approximately 340 home builders with new permits on record in the Houston area, and the following ranked as the top five total new permits:
| Builder | Total Permits | Average Value |
|---|
| 1-D.R. Horton |
483 |
$ 129,812.00 |
| 2-Camillo Properties |
190 |
$ 147,790.00 |
| 3-Lennar Homes |
188 |
$ 195,503.00 |
| 4-Meritage Homes |
124 |
$ 248,597.00 |
| 5-Wan Pacific Real Estate Development |
117 |
$ 165,044.00 |
Dallas
In Dallas, there were more than 290 contractors with new residential construction activity on record with HBW last month, and the following ranked as the top five for total new permits:
| Builder | Total Permits | Average Value |
|---|
| 1-D.R. Horton |
555 |
$ 179,430.00 |
| 2-Lennar Homes |
232 |
$ 202,318.00 |
| 3-Trophy Signature Homes |
111 |
$ 274,016.00 |
| 4-Bloomfield Homes |
97 |
$ 405,235.00 |
| 5-Meritage Homes |
92 |
$ 267,425.00 |
Austin
Last month, there were nearly 125 home builders with new construction activity on record in the Austin area, and the following ranked as the top five for total new permits for the one-month period:
| Builder | Total Permits | Average Value |
|---|
| 1-Lennar Homes |
150 |
$ 154,390.00 |
| 2-KB Homes |
147 |
$ 253,606.00 |
| 3-D.R. Horton |
99 |
$ 200,416.00 |
| 4-Taylor Morrison Homes |
79 |
$ 365,183.00 |
| 5-David Weekley Homes |
64 |
$ 436,978.00 |
San Antonio
In San Antonio, there were nearly 120 contractors with new residential construction activity on record last month, and the following ranked as the top five for total new permits:
| Builder | Total Permits | Average Value |
|---|
| 1-Lennar Homes |
126 |
$ 174,315.00 |
| 2-KB Homes |
55 |
$ 254,109.00 |
| 3-Pulte Homes |
52 |
$ 241,012.00 |
| 4-M/I Homes |
51 |
$ 237,283.00 |
| 5-LGI Homes |
30 |
$ 202,760.00 |
The residential construction boom is Texas does not appear to be slowing down anytime soon. With new corporations relocating corporate offices to the Lone Star State each year, we expect this trend to continue for the foreseeable future. And with increased home production, we will closely monitor the increase in construction related litigation over the next five to ten years.
The increase in market activity attracts new or inexperienced builders and tradesman, making the importance of a proactive approach to construction management all the more important. Given the labor shortages and supply chain issues. It is imperative that Texas homebuilders take extra precautions to ensure quality construction practices and oversight to minimize potential litigation.
Reprinted courtesy of Jason Daniel Feld, Kahana Feld and Ron Raydon, Kahana Feld
Mr. Feld may be contacted at jfeld@kahanafeld.com
Mr. Raydon may be contacted at rraydon@kahanafeld.com
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On to Year Thirteen for Blog
January 13, 2020 —
Tred R. Eyerly - Insurance Law HawaiiInsurance Law Hawaii hits twelve years of existence this week, 1347 posts later. We started in December 2007. We continue in order to keep up on developing issues in insurance law. We strive to keep readers abreast of new developments in cases from Hawaii and across the country.
Other Damon Key blogs to check out are inversecomdemnation.com [
here] authored by
Robert Thomas,
Mark Murakami's oceanlawhawaii.com [
here] and hawaiiconstructionlaw.com [
here] by
Anna Oshiro.
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Tred R. Eyerly, Damon Key Leong Kupchak HastertMr. Eyerly may be contacted at
te@hawaiilawyer.com
Florida Law: Interplay of SIR and the Made-Whole Doctrine
March 12, 2015 —
Beverley BevenFlorez-CDJ STAFFAmanda Baggett of Roger Towers explained the nuances of self-insured retention or “SIR,” which “typically refers to a dollar amount stated in a liability policy that the insured must satisfy before the insurer is required to defend or indemnify a claim.” Baggett stated that most of the time, the SIR is satisfied by the insurer paying the initial defense costs up to the SIR. However, “the Florida Supreme Court has held that an insured may satisfy the SIR using funds received from a third party. Intervest Construction of Jax, Inc. v. General Fidelity Ins. Co., 133 So. 3d 494 (Fla. 2014).”
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Arizona Supreme Court Clarifies Area Variance Standard; Property Owners May Obtain an Area Variance When Special Circumstances Existed at Purchase
October 19, 2017 —
Nick Wood, Adam Lang, Noel Griemsmann, & Brianna Long – Snell & Wilmer Real Estate Litigation BlogIn Pawn 1st v. City of Phoenix, the Arizona Supreme Court rejected a Court of Appeals rule that would have unduly restrained alienation of property in Arizona. The Court of Appeals found that the City of Phoenix Board of Adjustment acted beyond its authority when it granted an area variance to a pawn shop where the special circumstances causing a need for the variance existed before the pawn shop purchased the property. Under Arizona law, boards of adjustment cannot grant an area variance where the special circumstances requiring the variance are self-imposed. The Court of Appeals adopted a rule that knowledge of special circumstances at the time of purchase made the special circumstances self-imposed, foreclosing the purchaser’s ability to obtain a variance. This rule would have severely restricted property purchasers’ ability to obtain area variances in Arizona and by extension likely strained property transactions.
The underlying case involved a pawn shop that was proposed in southeast Phoenix. After the property purchaser obtained approval for a required use permit (for a pawn shop) and a variance (for a 500 foot residential setback) from the City of Phoenix Board of Adjustment, a competing pawn shop filed a special action arguing that the variance was a use variance, not an area variance, beyond the board of adjustment’s authority.
Reprinted courtesy of Snell & Wilmer attorneys
Nick Wood,
Adam Lang,
Noel Griemsmann and
Brianna Long
Mr. Wood may be contacted at nwood@swlaw.com
Mr. Lang may be contacted at alang@swlaw.com
Mr. Noel may be contacted at ngriemsmann@swlaw.com
Ms. Brianna may be contacted at bllong@swlaw.com
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Traub Lieberman Recognized in 2022 U.S. News – Best Lawyers “Best Law Firms”
November 15, 2021 —
Traub LiebermanTraub Lieberman has been listed in the 2022 U.S. News – Best Lawyers “Best Law Firms”. The firm has been named as Metropolitan Tier 2 in St. Petersburg, FL for Appellate Practice and as Metropolitan Tier 2 in West Palm Beach, FL for Personal Injury Litigation – Defendants.
The U.S. News – Best Lawyers® “Best Law Firms” rankings are based on a rigorous evaluation process that includes the collection of client and lawyer evaluations, peer review from leading attorneys, and review of additional information provided by law firms as part of the formal submission process. Please
click here to learn more about the methodology for selection.
Reprinted courtesy of
Traub Lieberman
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Court Confirms No Duty to Reimburse for Prophylactic Repairs Prior to Actual Collapse
October 28, 2015 —
Christopher Kendrick & Valerie A. Moore – Haight Brown & Bonesteel LLPIn Grebow v. Mercury Insurance Company (No. B261172, filed 10/21/15), a California appeals court held that coverage for collapse in a homeowners policy does not extend to prophylactic repairs undertaken to mitigate damage before actual collapse of the structure.
In Grebow, the insureds had a general contractor inspect the rear deck of their house because of recurring watermarks. The contractor discovered severe decay in the steel beams and poles supporting the second floor of the house. He opined that they could not support the upper portion of the house, and that a large portion of the house would fall. A structural engineer agreed, blaming decay and corrosion. The insureds were advised not to enter the top part of the house, and they contracted for repairs. They also made a claim to Mercury, which denied coverage. The insureds ultimately spent $91,000 out of pocket having the home remediated.
Reprinted courtesy of
Christopher Kendrick, Haight Brown & Bonesteel LLP and
Valerie A. Moore, Haight Brown & Bonesteel LLP
Mr. Kendrick may be contacted at ckendrick@hbblaw.com
Ms. Moore may be contacted at vmoore@hbblaw.com
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Sixth Circuit Affirms Liability Insurer's Broad Duty to Defend and Binds Insurer to Judgment Against Landlord
September 07, 2020 —
Michael V. Pepe & Janie Reilly Eddy - Saxe Doernberger & VitaIn a victory for policyholders, the Sixth Circuit affirmed that a landlord’s insurer owed a duty to defend the landlord in a bodily injury claim arising out of a fire that killed three and injured one. The Court held that the insurer breached its duty to defend and was bound to the insured’s $3 million consented judgment.
Transition Investments LLC, an owner of three properties in the Detroit area, purchased a general liability insurance policy with Hamilton Specialty Insurance Company to insure its properties. At one of the properties, a faulty stove started a fire, destroying the building, injuring one person and killing three others. The estates of the deceased and the injured party sued Transition in Michigan state court. In their complaint, the plaintiffs contended that Transition failed to provide a habitable premise and neglected to maintain the property’s stove, which allegedly caused the fire. The plaintiffs argued that Transition’s negligent maintenance of the property led to the fire and the resulting injuries. Transition subsequently tendered the claim to Hamilton. Hamilton claimed that the insurance policy did not cover the fire’s damages and refused to participate in the state court litigation. Ultimately, Transitions entered into a consent judgment with the plaintiffs for $3 million.
Reprinted courtesy of
Michael V. Pepe, Saxe Doernberger & Vita and
Janie Reilly Eddy, Saxe Doernberger & Vita
Mr. Pepe may be contacted at mvp@sdvlaw.com
Ms. Eddy may be contacted at jre@sdvlaw.com
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Denver Officials Clamor for State Construction Defect Law
August 20, 2014 —
Beverley BevenFlorez-CDJ STAFFThe Denver Business Journal reported that a construction defects law to encourage more condo development in Colorado was discussed during the Denver Metro Chamber of Commerce’s annual State of the City event.
Colorado Senator Jessie Ulibarri in attendance stated that the construction defect bill that he had sponsored earlier this year was defeated partly due to timing, and he plans on introducing a new bill early 2015.
Denver Mayor Michael Hancock spoke in favor of such a bill, alleging that nearly all developers avoid building multifamily units for fear of potential litigation. “We are being hamstrung by this law in the state of Colorado.”
However, the Denver Business Journal reported that those who favor status quo, including homeowners association industry groups and attorneys, claim that “changing the law will open the door to poor work on the part of developers and builders, leaving condo buyers holding the bag for repairs when something goes wrong in their home.”
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