Construction Defect Journal Archives

Disaster Remediation Contracts: Understanding the Law to Avoid a Second Disaster

August 30, 2017
Todd Colvard – Peckar & Abramson, P.C.

In the aftermath of Hurricane Harvey, consumers and contractors should be aware of protections prescribed by the Texas Legislature for Disaster Remediation Contracts. Chapter 58 of the Texas Business and Commerce Code includes several important consumer protections. Consumers should be aware of these protections, and contractors should take care to avoid inadvertent violations.

This statute applies to a contractor engaged in “disaster remediation,” in a county subject to a disaster declaration. Those contracts are subject to certain notice provisions and limitations. A violation of Chapter 58 is considered a Deceptive Trade Practice and could subject a violator to both public and private remedies. The full text of Chapter 58 is found here: http://www.statutes.legis.state.tx.us/Docs/BC/htm/BC.58.htm.

Mr. Colvard may be contacted at tcolvard@pecklaw.com



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