Construction defects in Austin, TX are more common than you might think. Even though you might expect that you will receive a quality product when you hire someone to do the job, that is not always the case. Unfortunately, construction defects can have serious financial consequences and can leave the property owner stuck in a bad situation.
If you have experienced construction defects in one of your properties, let the experienced team at Porter Law Firm help you. Whether you were involved in residential or commercial construction, our Austin real estate attorneys have the experience you need on your side. Call us today at 512-381-1577 to let us get started helping you hold the responsible party accountable.
Why Hire Porter Law Firm?
Our experienced team has been helping business and real estate clients since 2009. Our broad range of experience includes construction defects, commercial real estate, leasing agreements, and more. We strive to be more than just your lawyer – we want to become a strategic partner for you and your business to help you achieve your goals. Some reasons clients choose us include:
- Our unique boutique firm offers the speed and flexibility of a smaller firm with the extensive resources of a much larger firm
- We will craft a tailored approach to your representation that is both efficient and comprehensive
- Many of our lawyers are real estate investors themselves, so they know the ins and outs of this area of the law
If you are stuck dealing with the consequences of construction defects, contact us today to let us put our experience to work for you. Give us a call now to schedule a consultation with an Austin construction defects lawyer who is ready to help.
How a Construction Defects Attorney Can Help
Construction defects can cause major problems with your property, and you should not be forced to deal with them on your own. In some cases, the defects are so bad that the structure is uninhabitable. This is especially a problem in residential cases if you cannot live in your own home.
A construction defects attorney in Austin can help you hold the responsible party accountable and help protect your finances as well. Some ways we can help you include:
- Investigating your property to determine what caused the defects
- Identifying all potential defendants and helping to hold them responsible
- Reviewing all construction contracts and warranties to identify all the potential remedies that may be available
- Answering all your questions and advising you of your legal options
- Hiring construction experts who can provide evidence to help bolster your claim
- Aggressively negotiating a settlement or resolution that fully and fairly compensates you for your losses
- Filing a lawsuit and litigating for you in court when negotiations stall
Construction defects can have major financial consequences, especially for investors in commercial properties. If your property value or rental income is impacted by defects, an Austin commercial real estate lawyer can help address lease disputes, contract enforcement, and related legal challenges. You have a limited amount of time to file a claim when construction defects are present. Do not wait too long and lose your opportunity to remedy the situation. Contact Porter Law Firm today to let us get to work for you right away.
What Is a Construction Defect?
According to Texas law, a construction defect is “a deficiency in the design, construction, or repair of a new residence, of an alteration of or repair or addition to an existing residence, or of an appurtenance to a residence, on which a person has a complaint against a contractor.”
Keep in mind that minor aesthetic blemishes will generally not be considered construction defects under the law. While you may still have an opportunity to have those blemishes corrected under a warranty, those will not be legally considered a defect by the law.
Construction defects may occur in both residential and commercial construction projects. The law applies to homes, condos, townhomes, and other structures. It also applies to both new construction and construction on existing structures. Some common types of construction defects include:
- Defects in design
- Electrical problems
- Water issues
- Material defects
If you are experiencing construction issues, contact Porter Law Firm today. We can help investigate your claim and determine whether a construction defect is present, and we can help pursue making it right.
What Are The Signs of Construction Defects?
Construction defects may show different symptoms depending on the cause of the underlying defect. However, there are some common signs that you can watch for that can signal major problems. Some of the most common signs of construction defects are:
- Sagging floors
- Mold or mildew
- Water intrusion
- Cracked foundation
- Cracks in walls or ceilings – especially diagonal cracks
- Faulty wiring, such as flickering lights or outlets that don’t work
If your property is governed by a homeowners’ association, structural defects may also impact compliance with HOA rules and maintenance obligations. In these cases, an Austin Property Owners’ Association attorney can help ensure you understand your rights and responsibilities when dealing with defects under HOA regulations.
If you see any of these signs, things should be addressed right away. Many construction defects can turn into much bigger problems if they go unrepaired. Additionally, getting a lawyer involved early in the process can often help make things go more quickly and smoothly.
What Can I Do If My Property Has Construction Defects?
If you believe your property has construction defects, you should consult a lawyer as soon as possible. Your options may depend on whether you have a residential or commercial property, and the specific contracts associated with your construction can also play a role.
Generally, your contractor will need to make you a written offer for settlement. This can include both repairs and monetary damages. If you decide to reject the offer, you can choose to pursue litigation. Under the Texas Residential Construction Liability Act, you may be entitled to recover:
- Reasonable cost of repairs
- Cost of replacement of defective materials
- Engineering fees
- Temporary housing costs
- Reduction in market value
- Attorney’s fees
If negotiations stall or your contractor refuses to resolve the issue, you may need to take legal action. A business litigation attorney in Austin can help you file a claim, enforce contracts, and seek the compensation you deserve.
Remember that you have a limited amount of time to file a claim for construction defects. In some cases, you could have up to 12 years from the time of construction to file a claim. However, you generally only have 2 years from the date the defect is discovered or should have been discovered. At Porter Law Firm, we can help explore all your legal options and make sure that you do not miss your opportunity to have things made right.
Contact an Austin Construction Defect Attorney Today
Make sure you get help at the first sign of a construction defect. Waiting will usually only make things worse, and it might make it more difficult to get the legal remedies to which you are entitled. Contact Porter Law Firm today at (512) 381-1588 or fill out the form to let us get started putting together a winning strategy for your situation.