TRCC News
Chasing Hurricanes: Don't Come to Texas To Build Unless It's for the Long Term
Stormchasers and other unregistered builders/remodelers should consider themselves on notice. The commission recently issued its first "Cease and Desist" order against an unregistered builder/remodeler. The commission issued the order in December against a Lumberton contractor to stop working illegally as a builder/remodeler.
Clay West, doing business as West Contracting, was operating as a "Storm Chaser" in Silsbee, Texas, following Hurricane Rita. A few months after West signed a contract to perform material improvements on a home, he failed to respond to the homeowner's complaints about the substandard work he did while acting illegally as their builder/remodeler.
The commission's order legally prohibits West from further acting as a builder/remodeler and also levied a $30,000 fine against him. The order not only serves to protect consumers fromfuture illegal actions byWest as an unregistered builder, it also sends a strong signal to other stormchasers that the commission will pursue every avenue it can to put unscrupulous builders/remodelers out of business.
In addition to his failure to properly register as a builder/remodeler,West also failed to meet his warranty obligations after the home was inspected and the work was proven to be defective. Further, ifWest violates the order, the commission can request criminal action.
I think the message is clear: Any person or company working as a builder or remodeler in Texas must be registered and must honor the state's minimum required warranties. Any time a builder or remodeler follows Mr. West's example by breaking the laws that govern the industry, the commission will do everything it can to protect Texans.
Although Hurricane Rita stuck Texas more than three years ago, the commission continued to pursue the case because we have an obligation to protect consumers from such fly-by-night businesses that prey on homeowners during an incredibly vulnerable time of their lives.
Similarly, the commission recently filed notices of violation against 248 storm chasers in the Hurricane Ike strike zone, and is committed to see them through the process.
AsWest demonstrated,when consumers need warranty work done, storm chasers and unregistered builders are off chasing the next storm.We're going to continue to use this authority and work hard get these storm chasers out of Texas. In addition to the consumer protection considerations, it also levels the playing field by protecting companies and individuals that are registered and are following the law.
The commission's cease-and-desist authority was granted by the 80th Legislature as part of House Bill 1038,written by state Rep.Allan Ritter,DNederland, state Rep. Ruth Jones McClendon, D-San Antonio, and state Sen. Troy Fraser, R-Horseshoe Bay.
We strongly urge homeowners to utilize the commission's online builder/remodeler search tool to make sure the contractor they are considering is a legitimate builder/remodeler actively registered with the commission.That same search also allows Texans to see howmany projects each builder/remodeler has registered and to view inspection reports of homes they built or remodeled that were inspected for defects by the commission's third-party inspectors.
Also, if a builder or remodeler has been fined or otherwise sanctioned by the commission, the information is available online to help consumers make as informed of a choice as possible.
For more information about the commission or its operations, go to www.Texasrcc.org. The commission has also created IkeResponse.org as a resource for Texans in the Hurricane Ike strike zone. Homeowners in the region can use the site to get updated local, state and federal information about Hurricane Ike assistance and news.
