Obama, Bush, Clinton, Past Adversaries, Combine For Haitian Relief

By Frank James -From NPR.org

clintonbushhaitifund.org.

In a show of bipartisan unity, President Barack Obama was joined with his predecessors George W. Bush and Bill Clinton who he named to lead a new money-raising effort for Haitian relief, recovery and rebuilding efforts.

It was Bush’s first time back at the White House since leaving a year ago on Inauguration Day and just the visual of the three men who at various times have been adversaries with each other was for more striking than anything that was said.

Nevertheless, it was an event meant to underscore the nation coming together for the sake of helping a hemispheric neighbor.

Obama noted that the use of former presidents was patterned after what then-President Bush did in the aftermath of the 2004 Asian tsunami when he asked his father, the 41st president, George H. W. Bush, and Clinton to lead relief efforts in a demonstration that an extraordinary disaster required leadership of the highest of stature that transcended politics.

“As the scope of the destruction became apparent, I spoke to each of these gentlemen and they each asked the same simple question: ‘how can I help?’

“In the days ahead, they’ll be asking everyone what they can do — individuals, corporations, NGOs, and institutions.”

Obama also provided the address of a new website for people who want to make donations to the relief and recovery efforts — www.clintonbushhaitifund.org.

“We’re fortunate to have the service of these two leaders. President Bush led America’s response to the Asian tsunami, aid and relief that prevented even greater loss of life in the months after that disaster. His administration’s efforts to fight HIV in Africa treated more than 10 million men, women and children.

“As president, Bill Clinton helped restore democracy in Haiti. As a private citizen, he has helped to save the lives of millions of people around the world. And as the United Nations special envoy to Haiti, he understands intimately the daily needs and struggles of the Haitian people.

“And by coming together in this way, these two leaders send an unmistakable message to the people of Haiti and to the people of the world. In these difficult hours, America stands united. We stand united with the people of Haiti who have shown such incredible resilience and we will help them to recover and to rebuild.”

“We’re fortunate to have the service of these two leaders. President Bush led America’s response to the Asian tsunami, aid and relief that prevented even greater loss of life in the months after that disaster. His administration’s efforts to fight HIV in Africa treated more than 10 million men, women and children.

“As president, Bill Clinton helped restore democracy in Haiti. As a private citizen, he has helped to save the lives of millions of people around the world. And as the United Nations special envoy to Haiti, he understands intimately the daily needs and struggles of the Haitian people.

“And by coming together in this way, these two leaders send an unmistakable message to the people of Haiti and to the people of the world. In these difficult hours, America stands united. We stand united with the people of Haiti who have shown such incredible resilience and we will help them to recover and to rebuild.”

TRCC Abolished. What’s Next-The Wild Wild West?

Ok.  The TRCC no longer exists.  So what’s a home owner to do?  The following excerpt reprinted from the TRCC website attempts to shed some light on this question.

Revised FAQs—August 18, 2009  (Sourced from TRCC Website)

  • What does it mean that the agency has “sunsetted?”

The Sunset Act, which is chapter 325 of the Government Code, requires that the legislature review each state agency periodically to determine whether the functions of that agency should continue. In the 2009 regular session of the Texas Legislature, the legislature allowed the provisions of Title 16 to expire under Property Code section 401.006 as of September 1, 2009.

The Government Code says that “A state agency that is abolished in an odd-numbered year may continue in existence until September 1 of the following year to conclude its business. Unless the law provides otherwise, abolishment does not reduce or otherwise limit the powers and authority of the state agency during the concluding year…” (emphasis added.)

  • What does this mean for builders and consumers until September 1, 2009?

This means that from now until August 31, 2009, the commission will continue to function as it has under Title 16. The commission will accept complaints about builders and will accept requests for state inspections on residential construction projects and new homes subject to Title 16 requirements.  The commission will accept builder registrations and renewal applications for a prorated fee. (The fee schedule can be viewed by clicking here).  The statutory warranties and performance standards are still in effect and will apply to contracts for construction executed before, or titles for new homes transferred before September 1, 2009. If there is no contract for construction and no title transfer, then the statutory warranties and performance standards will apply to residential construction that commenced before September 1, 2009. Furthermore, new homes and residential construction projects to which Title 16 applies still must be registered with the commission.

  • What happens on September 1, 2009, and thereafter?

The commission will continue to accept home registrations for new homes and residential construction projects until September 15, 2009, to allow those builders and remodelers that transferred title to a new home or substantially completed a construction project in August to complete the home registration for that property.

The commission will no longer accept new complaints or requests for inspection. However, staff will continue to work on those complaints and requests that were received on or before August 31, 2009.

  • What happens to the statutory warranties and the commission-adopted performance standards on September 1, 2009?

The question about the continuation of these provisions is debatable. Although the commission believes that Title 16 expires on September 1, 2009, except to the degree that the commission maintains its powers (including its enforcement powers) to complete all preexisting business; it could be argued that the statutory warranties and the commission-adopted performance standards continue until August 31, 2010.

The safest course of action is for a builder or remodeler to issue warranties and performance standards that are more restrictive than those in Title 16. You can download a word version of the document here and then increase a coverage period or tighten a performance standard to place into your agreements for the next year.

If it is finally held that the law that created the statutory warranties and supported the commission’s adoption of performance standards will no longer be in effect, the law will revert to what it was before the enactment of Title 16.  Prior to the enactment of Title 16, the courts recognized the implied warranty of good workmanship in construction and the implied warranty of habitability. The courts also recognized that the parties to a written contract could create an express warranty in lieu of the common-law implied warranties if the implied warranties are properly disclaimed and replaced with a suitable express warranty terms.

  • Will a court recognize the statutory warranties and commission-adopted performance standards, even if the commission no longer exists?

For contracts executed before September 1, 2009, or work commenced before that date, courts will consider the law in effect at that time. So, if Title 16 was still in effect when the parties signed a contract for new home construction or transferred title on new home construction, the statutory warranties created by Title 16 and the commission–adopted performance standards still apply.

Furthermore, if the parties agree in their contract to the terms of the applicable warranties and performance standards, a court will rely on the terms of the contract to determine if those warranties and performance standards apply, including if the parties have agreed to apply the statutory warranties and commission-adopted performance standards.

Please note that Texas courts have not had a chance to review the legal effect of the Sunset Act on Title 16.  Therefore, a court may decide that the language in the Government Code Section 325.017 does not cause the statutory warranties and commission-adopted performance standards to expire until August 31, 2010.  Therefore, the safest course of action is for the parties to agree to written warranties and performance standards that are at least as stringent as the statutory warranties and commission-adopted performance standards until August 31, 2010.  That way, if a court should decide that Title 16 provisions are still in effect until August 31, 2010, the contract will be in compliance with the law.

  • What happens if I discover a defect on or after September 1, 2009, and the commission no longer accepts inspection requests?

Contact your builder.  If your builder does not respond satisfactorily, you may want to contact an attorney to discuss your legal options.  You can also complain to the Attorney General’s Consumer Complaint Division, Federal Trade Commission, your local County or District Attorney or to your local Better Business Bureau.

  • What is the effect of the abolishment of the commission on cities and lending institutions that use the commission’s Web site to check on a builder or remodeler’s registration?

The commission will not process new or renewal builder/remodeler registration application forms received after August 31, 2009.  Until that time, cities and lending institutions can continue to use the commission’s Web site to determine if a builder/remodeler is registered and in good standing with the commission.  After that date, the commission’s Web site will reflect the status of builder/remodeler registrations as of August 31, 2009.

The Property Code requires builders and remodelers to include certain language in their contracts with homeowners about the commission, the builder/remodeler’s registration number, and the commission’s toll-free number. It also requires any arbitration provision included to be set out conspicuously.  Do builder and remodeler contracts need to have that information in their contracts after August 31, 2009?

Now until August 31, 2009:  the statutory provisions that require those contract provisions are still in effect and will apply to residential construction contracts signed before September 1, 2009.

On or after September 1, 2009, to August 31, 2010:  nothing in the law prohibits a builder or remodeler from complying with the Property Code chapter 420 as it relates to certain contract provisions and also providing information to the homeowner that the agency has been abolished pursuant to the Sunset Act and will not available after August 31, 2010.  However, parties to a construction contract may want to consult legal counsel to determine their best course of action.

  • What happens if I sign a contract for a new home before August 31, 2009, and it is finished in November 2009, but I find a construction defect in March of 2010? What warranties apply? What performance standards apply?

The limited statutory warranties and commission-adopted performance standards apply unless the parties have an express written agreement for a greater warranty and/or more stringent performance standards.

  • What happens if I sign a contract for a new home on or before August 31, 2009, and it is finished in November 2009, but I find a construction defect in the plumbing in March of 2011? What warranties apply? What performance standards apply? Where will I find copies of those documents?

The limited statutory warranties and commission-adopted performance standards apply unless the parties have an express written agreement for a greater warranty and/or more stringent performance standards.  The statutory language of Title 16 will be available from the Texas Legislature’s Web site: www.legis.state.tx.us or from a law library. The performance standards will be available from the Texas Register, which is published by the Secretary of State’s office. The commission rules are found in Title 10, chapter 304 of the Texas Administrative Code, which can be viewed on the Secretary of State’s Web site: www.sos.state.tx.us/tac/index.shtml

San Antonio, Texas-Dry Weather Can Crack Home Foundation

Mary Heidbrink, Express-News Staff Writer –

It appears like a route on a roadmap, a squiggly line inching from the corner of the door toward the ceiling. It gets wider, like an expanding thoroughfare.

Then, the door that had been a little stubborn won’t open at all.

Is it a sure sign of doom for a homeowner, the signal of foundation failure? Or is it just another sign of a long dry spell?

It all depends, and so does the action you take.

CONCRETE SLAB

•What’s under the slab? If it’s limestone, rest easy (unless you’re trying to dig a hole in the garden). If you’re not sitting on rock, investigate further.

•Clay soil is often the culprit in shifting foundations because of its plasticity. Think of a sponge that plumps up when it’s full of water and shrinks and curls when it dries. When this happens to the ground under your house, it can cause the foundation to heave or sink.

•Proper site preparation mitigates the effects of shifting soil. The builder should remove all soil and tree roots and replace it with nonexpansive fill material.

Signs of trouble

•Cracks that are 1/8 inch wide or wider.

•Floors that are out of level at least 1 inch per 10 feet.

•A crack in a wall or a sticky door indicates settling, not a cracked foundation. Of more concern: a combination of cracks inside and outside or cracks and jammed doors.

•If there are wide cracks in the walls or a door that won’t open, consult an engineer. An expert’s opinion will cost about $500.

To water or not to water?

•Watering around the perimeter of the foundation can help, but before hauling out the hose, use a carpenter’s level to check the floors inside the house.

•If the floor is fairly level, watering around the foundation can help keep it that way.

•To water, line the perimeter of the foundation with soaker hoses. The hose should touch the foundation. Turn water on a quarter turn and water two to three times a week for two to three hours, keeping soil consistently moist, not muddy.

•Water the side of the house that is lower than the rest.

•Monitor progress using a level on the floor, and be patient. It likely will take months to see results.

Repairs

•A foundation company will dig under the edge of the slab and install concrete piers 10 to 15 feet deep, leveling the foundation and isolating it from the problem soil near the surface. If work is needed under the middle of the foundation, workers will tunnel under the slab or install piers from inside the house.

•Leveling can cause additional cracks in drywall. Sometimes it can be patched; sometimes it will need to be replaced. New doors might be in order if existing ones had been modified to fit crooked openings.

•Foundation repairs average about $12,000, and typically have a lifetime guarantee.

PIER AND BEAM

Different underpinnings, same symptoms. Cracks and sticky doors still might indicate a faltering foundation.

Different care

•Standing water is the enemy, causing soil to expand or rotting cedar piers.

•Monitor the perimeter to make sure water drains away from the foundation.

•Pier and beam foundations don’t need to be watered because the crawl space under the house keeps moisture uniform.

Repairs

•Repairs, which usually consist of replacing piers, average about $8,000.

•Drywall can buckle in the leveling process. Doors might not fit, and windows might not open when the work is done.

•Repairs typically have a lifetime guarantee.