As we start spring, construction projects are likely to increase now that the winter months have come to an end. Unfortunately, spring is also the season of storms, so it is extremely important to have the right builder’s insurance set in place in preparation for a bad situation.
The purpose of construction insurance is to protect construction projects while they are taking place. So in the case of an incident that leads to damage, construction companies and project owners are protected against any potential financial losses.
The reliable bad faith insurance attorneys of Millin & Millin want to provide you in-depth information on what construction companies should know about Texas Builder’s Risk Insurance this spring season.
Each year, storms, fires, and other disasters rock Texas, causing billions of dollars worth of damage to buildings and houses, including those that are still under construction. In a region that is susceptible to unforgivable spring weather, there is no question that builder’s risk insurance is essential as the likelihood of being impacted by a spring storm is greater than in other areas.
If this type of damage isn’t covered by your traditional builder’s insurance, it could drastically postpone a project, or result in them failing, if the financial loss is large enough.
Builder’s risk insurance can offer protection for delays, market loss, faulty workmanship, and other indirect incidents that result in losses. While not all builder’s risk policies are identical, the vast majority cover all-risk basis. Basically, it’ll take care of all causes of loss except for those not mentioned in the policy.
Generally, builder’s risk insurance policies cover:
Coverage may be consolidated for the builder’s risk for extra costs that occur because of a construction delay. These construction costs include, but are not limited to:
It is worth noting that builder’s risk policies typically cover new construction expenses, meaning your insurance might just cover the recently renovated or fixed parts of the building if you’re working on an existing structure. The policy might only address the new construction costs’ value and dismiss any damages to the current structure.
While insurance companies hold the right to deny certain coverage outside of your policy, some will reject perfectly worthy claims. Bad faith insurance acts are used to convince you that your insurer’s rejection is within their rights. A common tactic used is to say that your filed claim isn’t part of your policy - even when it is.
Exclusions are losses that aren’t mentioned in your policy. Your insurance provider may declare that your damages are excluded from the policy to get out of covering them. They may intentionally misinterpret your claim so they can completely decline it.
In some cases, your insurance may state that the damages already existed, that you didn’t notice the damage as pre-existing, or they might even accuse you of insurance fraud.
Even if your claim may have been denied, you don’t have to give up on seeking coverage. If you think your insurance provider acted deceitfully, then you may be eligible to file a bad faith claim. An insurance company acts in bad faith when they fail to demonstrate their expected responsibility as an insurer. You may be able to file a claim against your insurance company and receive compensation for any losses you experienced because of the denial.
Insurance law is very complicated, so it is imperative to seek the right representation and resources to challenge an insurance company. Most insurers already have legal teams ready, so it’s especially crucial to prepare yourself for what’s to come.
Depending on any and all losses you faced because of your insurer’s acts, you may receive compensation for:
Completing a construction project is already a challenge on its own. When your insurance company doesn’t support you, it can cause you to feel overwhelmed. If you believe your claim was denied without a valid or legal reason, then do not wait to contact the insurance attorneys at Millin & Millin.
Our legal team is well-versed in bad faith insurance claims and construction accident litigation. Let us assist you through this process so you can finally get the compensation you deserve.
When you have suffered a personal injury accident, it’s logical that the first step you will want to take is to call your insurance company. Naturally, you’ll want to start the process of having your insurer take care of you - and that makes total sense.
The problem is, your insurance company may start to act in bad faith, failing to provide you the benefits you are owed or pressuring you to agree to a settlement for less than you deserve.
Suffering an accident is hard enough, but having to deal with an insurance company on top of that can be completely overwhelming. Thankfully, you don’t have to go at it alone.
An insurance attorney can make sure your insurance provider isn’t trying to take advantage of you and can negotiate on your behalf. If you’re feeling overwhelmed after a personal injury accident, contact Millin & Millin today.
Even when insurance companies don’t outwardly act in bad faith, they still may try to have you agree to a settlement for less than you deserve. Insurance companies stay in business by keeping payouts low, so they may challenge your description of the incident or ask you to jump through hoops in order to frustrate you into taking whatever settlement they offer. At times, insurance companies and their adjusters may make unreasonable demands on information to provide them in an attempt to stretch out the duration of your claim, causing you to pass the statute of limitations to complete your claim.
A trustworthy insurance claim lawyer, on the other hand, will always keep your needs first. An attorney familiar with the process of making insurance claims can make sure that everything in your case goes smoothly, providing you the legal guidance you need to avoid any pitfalls.
Insurance companies like to rush claimants into settling quickly in order to keep settlements low. If you sign legally binding documents right away, only to later discover that you were more seriously injured than you thought, you will likely be unable to recover any additional money for medical bills and other costs associated with treatment.
It can also be hard to tell exactly what you’re agreeing to. Insurance companies may try to convince you to sign a full release when you think you’re signing a property damage release. Insurance companies may pressure you into signing medical release forms.
In general, it’s best to check with an attorney before you sign anything from an insurance company.
Speaking of full releases, property damage releases, settlements, negligence, liability, fault — insurance talk can be downright confusing. If you attempt to negotiate with an insurance company on your own, they will use your lack of experience against you.
At times, insurance adjusters will take advantage of the situation and utilize their experience to make the process as intimidating as possible. But a dependable attorney will fight and make sure the insurance company gives you the compensation you deserve.
In most cases, insurance companies record conversations with their clients. Even if you feel you’re having a friendly conversation and feel safe confiding in the adjuster, it’s important to remember that your adjuster works for a billion-dollar company trying to be as profitable as possible.
Just telling the truth can reveal facts that your insurance company has no right to know and no right to ask for. Your best bet is to wait until you have legal guidance on how best to approach the situation or a lawyer who can adequately negotiate on your behalf.
The bottom line is, insurance companies can leave you out to dry if you don’t have legal representation. The insurance process is anything but intuitive, and it should be taken very seriously- especially when it comes to your physical and financial well-being.
While your case may seem simple to you, the reality is that many factors can come into play, affecting your ability to secure the benefits that are rightfully yours. On the other hand, if there are other complicating factors you don’t know about, hiring an attorney can mean the difference between getting the compensation you need and not having enough for your medical bills or other financial needs.
Insurance companies may not always act in good faith because they are too concerned with their bottom line.
Your lawyer’s job is to protect you, not a billion-dollar company. The dedicated attorneys at Millin & Millin will do everything in their power to make sure you get the settlement you and your family deserve.
At the beginning of the new year, many people often make resolutions to better themselves. From eating healthier to exercising more, saving money to completing a project, we all make goals for the year.
In 2020, resolve to better protect yourself and your loved ones by performing an annual insurance review. This simple act can save you from a ton of problems should you have to file an insurance claim down the road. By knowing exactly what coverage you have and - perhaps more importantly - what you are missing, you’ll be able to make the right decisions about your insurance needs.
Your insurance claim lawyers at Millin & Millin highly recommend you review your policy at the start of every year with your insurance agent. Here’s why.
If you have coverage for any of your property - including a home or other valuables - you may find that you are actually underinsured because of how property value increases. For instance, if the property value of your home is greater than the cost of when you first bought it, then you may not have enough coverage to rebuild in the event of a catastrophe.
For example, if you paid $150K for your home but over the years its value has increased to $250K, then a lack of coverage could leave you footing the bill on any damages suffered.
When reviewing your insurance policy, you may find the means by which to save yourself a bit on insurance costs, including taking advantage of discounts you weren’t aware of, adding extra coverage at no extra costs, or even taking coverage off of property you no longer have, such as a vehicle you recently sold.
Depending on your insurance provider, you may even be able to lower your premium if you have improved your credit score over the past year, decided to pay an annual premium versus monthly installments, or simply been with the company for a significant amount of time.
Businesses in the United States are expected to have certain policies in place in order to protect employees and clients. Failure to update your coverage can lead to substantial penalties, or even bigger issues, like being sued by another party.
It is much better to be proactive when it comes to your business and seek out adequate coverage so you can protect your business and yourself from financial hardship.
When performing an annual insurance review, there are several questions you will want to ask your insurance agent in order to ensure that you have the protection you need to keep yourself, your family, and your valuables safe.
Start the decade off on the right foot by reviewing your insurance policies. If it’s been some time since you last examined them, you’ll have the opportunity to make adjustments before disaster strikes. This can prove to be absolutely pivotal when making an insurance claim.
Unfortunately, even with the right coverage in place, insurance companies may still act in bad faith. If you are dealing with an insurer who does not want to pay out the coverage that is rightfully owed to you, then do not hesitate to contact the dependable and trustworthy insurance claim lawyers at Millin & Millin. We have the skill, knowledge, and compassion necessary to get you the results you need.
The construction industry can be brutal and the laws affecting it can be very complex to navigate. Unfortunately, when a contract goes south, those involved in the project can end up facing substantial financial losses. Construction business owners, service vendors, construction workers, and all others involved in a given project face serious risks when getting involved in a project.
Thankfully, there are ways to protect yourself and to obtain the compensation that is rightfully yours if something goes wrong.
Your construction law attorneys at Millin & Millin can help you get paid through a mechanic’s lien. Also known as a construction lien or contractor lien, filing a lien against a property can help to ensure that your rights are fully protected and that you obtain what is owed to you.
Our attorneys can effectively represent construction contractors or property owners facing a construction lien dispute.
A lien is a document that certain parties can use as a way to obtain payment for their services rendered. The lien typically documents the amount owed, the party responsible for payment and other vital information regarding property records.
If the debt is not paid on time to the creditor, then the lien can begin to affect the debtor’s credit, as well as their ability to sell or refinance the property, along with other legal issues.
A mechanic’s (or material men’s lien) is a means by which certain parties involved in a construction project can get paid for their work. Mechanic’s liens typically cover labor, materials, supplies and any equipment used to make improvements to a given property. Depending on the specifics of the contract or project, liens can be filed before work begins and then removed once the debtor has met their financial obligation.
Mechanic’s liens can also be filed for work that has already been completed.
A mechanic’s lien can be filed by a wide range of parties who may have been involved in the construction project, either by providing labor, services or materials, including:
While liens do not necessarily force the creditor to pay you immediately, they do create a legal hazard that most property owners do not want to face. Liens against a given property essentially make it difficult for the owner to sell or refinance the property until the lien is paid.
In order for the property owner to use the property effectively, they will want to pay off their creditors to obtain a clear title. Should a debtor fail to pay off what is owed, the creditor can file a lawsuit to force the sale of the property so that they can obtain payment for their services from the selling of said property. With foreclosure being such a real risk, most property owners would rather pay off what is owed.
If there are multiple liens against the same property then Texas law will determine in what order creditors are paid.
There are certain deadlines and important due dates that any individual wanting to file a lien should be aware of. Parties who are contracted directly by the property owner do NOT need to submit a preliminary notice if it is related to a commercial project. For individuals wanting to file a lien on a residential project, then the contractor must file with the county recorder.
In order to file a lien on a commercial project, a general contractor should do so by the 15th day of the 4th month after last month that they provided materials or labor to the project. For parties wanting to file a lien for a residential project, they should do so by the 15th day of the 3rd month from when they last provided materials, labor or services.
When it comes to actually enforcing the lien:
Thankfully, in the state of Texas, parties involved in a construction project have plenty of protection to secure the compensation that is rightfully theirs. However, the process of filing and/or enforcing a lien can be complex without the assistance of a qualified attorney.
If you need support with filing a lien against a party that has failed to pay you what you are owed, do NOT hesitate to seek out the guidance and assistance of the construction law attorneys at Millin & Millin. We want to make sure your business continues to thrive.
Even a well-organized construction project can run into issues and problems. Because there are often many different parties involved, from owners to contractors and subcontractors, disputes often arise. Some of the most common causes of construction disputes are contract errors or omissions, contract non-compliance, and site issues. While some disputes may be resolved quickly and without further issue, others may require the help of an experienced construction attorney.
The construction lawyers of Millin & Millin have the knowledge and the resources that you need on your side when a construction dispute arises. We will work hard to protect your interests and find a solution that is right for you. Don’t settle for an inexperienced attorney who does not understand the construction field. Turn to a team that has helped property owners, contractors, developers, vendors, and others resolve disputes and get the results they need. Contact us today at (956) 631-5600 for a free case evaluation.
There are many different reasons that a dispute may happen over the course of a project. A few common reasons include:
The building’s integrity is important for safety reasons but engineers must also take into consideration the desires of the customer. Lawsuits associated with design deficiency can result from a construction project that was poorly designed, inaccurately built, or left incomplete. Because of a deficiency, an entire project can be in jeopardy. Disputes between contractors and owners can lead to delays in completing the project and can dramatically increase the cost.
Imagine a scenario where an owner is excited or desperate to have a construction project completed in a time frame that may not be realistic. In an attempt to satisfy their new customer, a construction company accepts the contract and starts working as quickly as possible. Rushing through the process, engineers, architects, and contractors begin assembling plans to complete the project. However, they fail to realize that their blueprints are unorganized, their designs have fundamental flaws, and the timeline is virtually impossible. The problem may not be discovered until a lot of time and money has been wasted, and this can create a conflict that only a construction lawsuit may resolve.
The time it takes to complete construction is just as important as keeping the cost of materials within the budget. Managing the project’s timeline is not as easy as it sounds, especially when there are design deficiencies within the plan. Instead of efficiently completing the task at hand, time delays can create serious problems and even derail projects completely.
There are many opportunities for delays to develop over the course of construction work. Materials and equipment need to be ordered, delivered, and organized before the project can begin. Contractors will need to hire enough labor to complete the task efficiently, while also keeping costs low. Even the weather can present unique challenges and time delays. Disagreements between the various parties involved with the project also prevent work from taking place until the dispute has been resolved.
Meanwhile, the overhead costs of the entire project continues to rise. The owner may object to paying the difference in costs, and the contractors may be forced to make a difficult decision. In this instance, an unbiased ruling from a judge may be in the best interest of both parties.
Assuming the project was completed in a timely manner and within the allowed budget, the owner of the newly constructed building may still be unsatisfied. The owner’s problem with the finished product may be real or imagined, but the dispute is certainly authentic.
If an agreement cannot be made, then the affected parties may decide to file a construction lawsuit.
The unhappy owner may decide to withhold proper payment to the construction company, even though the design requirements were fulfilled. Another example could be that the project has been designated as complete but there are faults within the project’s construction. Whether the owner is justified in their complaint or not, the issue may need to be resolved in court.
Construction lawsuits are a civilized solution to complicated problems that develop when circumstances change. When construction companies act in bad faith, it is important to discuss the situation with a qualified bad faith lawyer.
Contact Millin & Millin today at (956) 631-5600 to schedule a confidential consultation.
With so many people and moving parts involved in a construction project, a single problem can derail an entire project. From construction companies to contractors and subcontractors, a number of different entities have an obligation to act in good faith and complete the job they’ve agreed to do in a timely manner.
Unfortunately, disputes happen all the time, leading to delayed jobs and potential litigation between parties. One common issue that arises is when subcontractors cannot complete the job they are assigned on time. In an ideal scenario, subcontractors tell you the truth about their ability to do the work, arrive at the construction site on time every day, and complete the job to the highest standard - saving general contractors money and stress.
But this is the real world and this isn’t always the case.
At Millin & Millin, we know that contractual issues can arise with any construction project. That’s why we are committed to helping represent general contractors and construction companies who have met construction disputes. Our team of insurance claim lawyers has in-depth knowledge about the construction industry and is ready to help you today.
One of the most important things to remember during the initial stages of a construction project is the value of communication and setting those expectations with contractors and subcontractors from day one. This ensures that everyone knows their roles and responsibilities, as well as deadlines.
Some additional tips for dealing with subcontractors include:
Before asking for a bid from a single subcontractor, make sure you put in the work and prequalify them before hiring. Look at their past work and make sure they can handle a project of your size and see if they have a history of completing their work on time.
You can also talk to other general contractors about the work they’ve done and what they may have heard said about the subcontractor. If a subcontractor you’ve worked with in the past asks why they didn’t get the job, be honest and explain your reasoning.
Once you’ve decided who will take the subcontracting job, it’s time to draft up a contract. Like all contracts, this legally binds the subcontractor to the job as well as other specified provisions. Along with containing the roles and responsibilities of the subcontractor, the contract should also outline all expectations and specifics of the project and work. Some other common things to cover in a contract include:
It’s also vital to remember that for most contracts, you are required to inform the subcontractor with a written notice of default, as well as a timeline for fixing the problem before you can supplement the work. Make sure to go over every detail of the contract before signing to ensure that all parties are aware of all aspects of the agreement.
If you need guidance writing up a contract, your expert legal team at Millin & Millin can help you develop a solid contract.
Subcontractors may not always come to you when they begin facing problems or experiencing difficulties on a project. That’s why general contractors should be aware of signs of trouble on a site.
You should monitor your subcontractors’ work and talk with them often (if possible on a daily basis) about their progress. Some common signs that your subcontractor could be running into problems include falling behind schedule, a sudden decrease in construction workers, worsening morale among workers, and missed or delayed payments from subcontractors to suppliers.
If you begin to see any of these warning signs, don’t hesitate to bring them up with your subcontractor immediately, even if the project appears to be going well. Maintaining an open environment where subcontractors feel the freedom to talk to you about problems is essential for avoiding any problems down the road.
Also, holding regular meetings is a great way to keep everyone in the loop on the status of the project and give subcontractors an opportunity to talk about any concerns or problems they are facing.
Unfortunately, disputes still happen on construction sites every day, and when they do, it’s important to be prepared and ready to protect yourself and your project.
The bad faith construction lawyers at Millin & Millin are experienced in handling construction disputes of all kinds. If you need to pursue legal action against a subcontractor who did not act in good faith, contact us today at (956) 631-5600 and schedule a free consultation.
One thing the common citizen lives with, without noticing, is the constant construction going on around them. From the new house going up right down the street to the new retail malls popping up everywhere. Something is always being built.All of this construction involves a number of different parties including owners, contractors, builders, suppliers, vendors, and more, who are all involved in some manner in the undertaking of commercial and industrial projects.
The Millin & Millin Attorneys understand that even with the best intentions and efforts to work together, disputes can (and do) arise amongst the many groups involved.
Our experienced attorneys are here to help find a resolution to some of the common construction disputes that arise during a project including:
In 2014, this was the number one reason for contract disputes that arose during construction projects. This trend is still being seen today; it is still the biggest cause of disagreements.
The good news is that this can be easily avoided if a contract is thoroughly reviewed by a qualified attorney before everyone agrees on it.
This can save all parties plenty of trouble as the project moves forward.
This is has become a growing problem in recent years and is something that has to be monitored carefully. Whether intentionally or not, there can be instances where someone involved with construction fails to meet the terms they agreed to.
In these cases, the other groups who are part of the project will typically take some kind of action to rectify the situation. These kinds of disagreements will slow down and distract from other important matters, even after construction has been completed.
When someone places a construction bid, there are assumed working conditions that are part of that agreement. These factors are subject to unexpected changes and surprises, however.
One of the issues that can arise is the condition beneath the surface of a job site.
Regardless of the severity of unplanned differences, the plans that have been laid out will be affected and this leads to disputes.
This is a common occurrence in construction projects because there are so many variables and moving parts to account for, regardless of the size and scale of the job at hand.
If all groups working together laid out a detailed contract, there will usually be clarity regarding who is responsible for handling these excesses. Still, having to foot the bill, with or without a clear plan, has the potential to pit one party against another.
It might seem like common sense to pay somebody when they have finished the work they contractually agreed upon to perform. Sadly, this is not always the case, for a number of reasons.
In the event that they are not paid, a contractor or subcontractor does have legal actions they can take. Usually, place mechanic’s or materialman’s lien will be placed on completed project until there is some kind of resolution.
This is another tough situation that a contractor or subcontractor can find themselves concerning a construction project. When the quality of their work is called into question, it can create a good deal of confusion and discord.
If it is justified, it can still be a lengthy process to decided how to handle the results. There are also cases when these accusations are made to avoid paying someone for the work they have done.
This can lead to the situation as described in dispute number 5.
Construction projects are complex systems of work that require many people to work together toward a common goal. Even the best of teams, in any arena, united with a single vision experience their share of disagreement.
We believe in building a team of construction experts who will analyze and reinforce your claim until satisfactory results are reached. Our experience in construction litigation extends to:
Contact us today at (956) 631-5600 for a free consultation.
The attorneys at Millin & Millin understand that construction litigation can be a costly and time-consuming issue for you as a contractor, builder, or developer. Whether you are a General Contractor or a Subcontractor, liabilities laws that can still come into effect after years, can mean unexpected lawsuits for mistakes you aren’t even responsible for.
In the state of Texas, an action for damages against a person who constructs/repairs an improvement must be brought within 10 years of substantial completion. If the claimant presents a written claim for damages during the 10-year period, the period is extended for two years from the date of the claim. If injury occurs during the 10th year, the claimant may bring suit up to two years after the day the cause of action accrues. TEX. CIV. PRAC. & REM. CODE ANN. §16.009.
Lawsuits vary from deviations from the building code, to issues with architectural or engineering plans, and on to defective materials or products sold to you by others. Unfortunately, suits against your company can emerge from a number of sources, so you need to be proactive in your fight against construction defect lawsuits.
This also means that the cost of doing business has increased. Insurance costs have grown from anywhere between 15 to 50 percent, with many insurers canceling all their contractor customers.
As a contractor, you’ll want to take the necessary steps to avoid liability issues. Our team at Millin & Millin has the knowledge and experience to thoroughly represent you in your construction litigation needs, but our best advice can be to try and avoid construction litigation in its entirety.
Consider the following guidelines to protect yourself from disputes:
If you have done your job directly, there’s no reason you should be concerned about an unnecessary lawsuit against you. Do not let a construction-related dispute become a burden in your life.
Contact our McAllen offices today at (956) 631-5600 for a free case evaluation.
Lindsay Diaz lost her duplex home in Rowlett, Texas when Seagoville based Billy L Nabors Demolition mistakenly tore down the house following a rash of deadly tornados in late December 2015.
Unfortunately, individuals who have suffered damage to their home or property because of a negligent act by a business or corporation often encounter difficulty in seeking just compensation in their dispute with the offending party. Many businesses will engage in bad faith behavior to avoid liability for their actions. When a company commits a wrongful act against your property, you’ll want a law firm that is willing to fight for your legal rights. Millin & Millin, PLLC has the attorneys that are committed to making sure when you or your property are hurt by business wrongdoings, the company is held responsible.
According to the lawsuit filed by Diaz, the demolition company whose slogan is “We could wreck the world” - failed to perform due diligence when they erroneously drove to her duplex at 7601 and 7603 Calypso Drive, rather than their actual target home, which was located at 7601 Cousteau Driver.
The houses, which were a mere block away from one another, had both suffered tornado damage. Diaz, however, had not sought to have hers demolished and was actually anticipating fixing the building, but was simply waiting on a FEMA estimate before commencing with repairs. Diaz had even submitted a permit to rebuild, but then received that fateful phone call. Unfortunately, her plans had been completely rendered moot.
The chief executive of Nabors Demolition, George Gomez, claimed that the demolition crew was mistakenly sent to the wrong house because of a Google Maps error. At the time, the company crew was certain they had arrived at the right home and were confident they had torn down the correct structure until they were notified of their mistake.
It is purported that Gomez initially told one local news outlet that the demolition was “not a big deal” and that the company’s insurer would handle the situation. The statement began to circulate online, during which Diaz attempted to contact Nabors, but was unable to get in contact with the company.
It wasn’t until after thousands of residents responded to the story on Facebook, and after an influx of negative media coverage, the Diaz said the demolition company finally reached out to her to offer an apology. Diaz is quoted as saying, “I sat down with them and we spoke with them and they sincerely apologized. They promised to help and to make it right.”
However, since that conversation, Diaz has filed suit alleging that attorneys for Nabors have failed to agree to a full settlement for the mistaken demolition.
The lawyer representing Diaz added that Nabors Demolition also damaged the foundation of the property and have thus added to Diaz’s rebuilding costs. Furthermore, because the insurance repair estimates were based on the original damage the house sustained by the tornado, Diaz is now being forced to cover the total cost of rebuilding.
The legal representative of Diaz in her lawsuit against the company stated that Nabors were absolutely negligent in their failure to ensure that Diaz’s duplex was the correct home prior to initiating the demolition. “If you’re in a business of demolition, especially of homes, you need to have more due diligence. I think it was gross negligence. I think they should have taken additional step to make sure they were tearing down the right home.”
Regardless of the type of claim, the size of the case, or the subject of litigation, our lawyers have represented plaintiffs fighting for justice against all size of defendants. The attorneys at Millin & Millin, PLLC understand that those in need of legal representation are seeking qualified, excellent, and efficient lawyers. That’s exactly what our firm brings to the table.
Reach us at 956-631-5600 or contact us here to get the legal ability and dedication you deserve.
