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Tonesky

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Everything posted by Tonesky

  1. Tonesky

    Texas Primaries

    This is the correct answer. The only registered voters who cannot vote in the R runoff are those who voted in the D primary.
  2. That is not a construction defect. It is simply theft/fraud. The real problem is that thieves are always broke. He is not putting the stolen funds into his brokerage account.... Even if you get a judgment, you can't collect. And, odds are that law enforcement will say its a "civil issue," and you should go hire an attorney. Sorry for their trouble.
  3. Yes, my hypothetical describes a breach of contract (among other things), but the RCLA still controls all residential construction claims, and the recent RCLA amendments seem to bar claims for cosmetic issues.
  4. That is exactly the concern. Imagine you are moving to Texas from far away, that you enter into a contract to build a house to be ready when you arrive, and that you make all your selections at the builder's design center before hopping back on a plane to return to far away. Imagine that when you arrive back in Texas to close and start your new life, you find a perfectly solid structure with brick, paint, shingle, countertops, light fixtures, and appliances different from what you selected. They are all of similar grade and value, but not what you picked out. Many think that the new amendments to the RCLA say you can go fuck off if you don't like it.
  5. Those words are not the issue. The issue is limiting claims to physical damage, failure of a building component, and things causing danger to occupants. A shitty paint job, which would be very expensive to remedy, is not covered.
  6. Nope, the 2023 amendments to the RCLA are objectively for the benefit of contractors. For claims arising on or after 9/1/2023, contractors are liable only for (1) actual physical damage to the residence, (2) actual failure of a building component to perform its intended purpose, and (3) verifiable danger to the safety of occupants. It will take some time for the Texas Supreme Court to fully body slam plaintiffs who seek to push the limits of what this means, but many expert commentators (not me) suggest that claims for cosmetic issues, not matter how extreme or extensive, are gone. Also, a separate bill shortened the statute of repose for architects and engineers.... PS - I am not a plaintiff lawyer. I do commercial litigation and represent both plaintiffs and defendants. If a builder came to me with a lawsuit filed by a homeowner who failed to follow the RCLA notice requirements, or contractual pre-suit ADR requirements, I would be perfectly happy to spank the homeowner.
  7. Indeed. And, thanks to the latest changes to the Act, things are now significantly worse for consumers with claims arising on or after 9/1/2023. If OP's issues first arose after 9/1/2023, I'll double down on my suggestion OP take the money and run.
  8. How long did it take to see results? I sprayed this a week ago and my weeds look as happy as ever....
  9. Note that failure to follow the procedural notice and inspection requirements of the Texas Residential Construction Act before filing suit is fatal, including if raised by them for the first time on appeal of your JP Court judgment to County Court. Also, note that you cannot artificially reduce your damages to $20K to create JP Court jurisdiction. If your actual claim is for $20,001, but you reduce to $20K so that you can be in JP Court and they call you on it, your case will be dismissed. Finally, if you win any amount and they appeal to County Court, you will then need a lawyer, who will be very unlikely to take this on a contingency fee basis. Based on how these things resonate with you, you might consider cutting a deal and moving on. Good luck.
  10. We have Roku Streaming Stick 4Ks on each TV. They are regularly (and currently) on sale for $40. They perform better than using the TVs’ built in smarts. It has dedicated buttons for Netflix and Apple TV, but not Prime. But, getting to prime (or any other installed app) still just takes a couple of seconds. The only time I use the AVR remote is to change to, or select the audio mode for, music, and restore the audio mode to surround when returning to video.
  11. Went through a box two weekends ago. Tossed a ton of stereo rca, composite, early gen. hdmi, coax connectors, a 10’ 30 pin apple cord…. Put it all out at the curb a few days before heavy trash day. No one wanted it.
  12. Tonesky

    Texas Primaries

    No offense taken. Before your edit, I’d have hit you with a laugh rep emoji. I don’t give out my cell number freely, but once it’s out there, you are toast. The “buy your house” solicitations date to Harvey. “Investors” are buying outdated lists of flood home leads. They come in waves as a new class graduates from their sucker real estate investment seminar.
  13. Tonesky

    Texas Primaries

    Can you tell me how to stop the calls from people who want to buy my home?
  14. Tonesky

    Texas Primaries

    So, you only get calls and texts from telemarketers, etc. to whom you’ve given your number? Your name and cell number are already known by businesses that exist to sell it to those who want it.
  15. Tonesky

    Texas Primaries

    I think it is this - sort of the anti Beto campaigning on "I'm coming for your guns."
  16. Tonesky

    Texas Primaries

    I did this twice, both times to vote for Dewhurst, in effort to block Cruz and Patrick from their current jobs. All I got for it was 8-10 years of republican mail and phone calls in election years. Today, that would be unending text messages. You may end up regretting your fun.... Prop 9 is pretty funny, as Texas has no party registration, and adoption of this proposition would result in elimination of the Republican primary.
  17. I've got 16 year old twins. All of our early college-planning-is-coming conversations have included a very strong suggestion that they look at schools in states with better climate and political futures.
  18. Maybe the "counter judgment" is akin to proposed findings of facts and conclusions of law.
  19. Take a look at a pair of Usher S-520s as mains and an S-525 center. You can get all three for $905 (10% off) by signing up for the linked dealer's emails. The design is unchanged in about 20 years, but these are terrific speakers for the money. Lots of glowing reviews out there. I ran the S-520s as mains and surrounds (along with the S-525 center) in a 5.1 system for 15 years. I recently upgraded to a tower as mains as part of going from 5.1 to 7.1, shifting the S-520s I had been using as mains to the rear.
  20. Anyone tried Belly of the Beast in Spring? The meal I had at Chivos (same chef) during its brief run was terrific.
  21. Tonesky

    Wine

    The bottle on the left is from Fattoria Colmone della Marca, which is located in one of Italy’s smallest DOC’s - I Terrini di San Severino Moro, in the heart of the Marche. Fattoria Colmone is the sole producer. This bottle is their 1,618 bianco, which is a white wine made with a 50/50 blend of Merlot and Sangiovese. This is all from the single webpage I could find with any information about it. It is good and interesting, in a wine geeky way. The bottle on the right was better. If I had a clue what it means, I might add imo.
  22. It’s two ribeyes back to back. And, the seller commented that the packaging was for Valentine’s Day.
  23. Google and see if you’re near a Pollo Bravo (Peruvian).
  24. Mean Grille - new spot at corner of Weslayan and Richmond (former Thai Cottage location). I’ve had their falafel wrap a couple of times and it is terrific.
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