Construction projects are a large financial investment and require a serious commitment to ensure they are carried out as expected. When complications arise due to prolonged timeframes or higher than expected costs, they can lead to a Houston real estate litigation and dispute attorney handling disputes over contract performance, defective workmanship, or financial losses. If you find yourself in the middle of a dispute, Porter Law Firm is here to advocate for your interests in the legal process. Our team will make sure that your investment is protected and your rights are asserted to recover the finances you are entitled to.
Don’t hesitate to connect with our team. Contact our Houston construction claims and disputes attorney at (713) 621-0700 to learn how we can help you.
Porter Law Firm is the Trusted Choice in Houston Construction Claims and Disputes
With many firms to choose from, we take pride in how our clients continue to choose Porter Law Firm for Houston construction claims and disputes. Here are the reasons that Porter Law Firm stands above the rest:
- Proven Results: Our results speak for themselves. With Brad Porter leading the helm, we have successfully represented thousands of clients over the past 15 years in Houston construction claims and disputes.
- Understanding of the Construction Laws: Construction claims require detailed knowledge of construction contracts and industry standards. We leverage our knowledge of the law and connections with experts to argue your case.
- Personalized Representation: At Porter Law Firm, we take the time to understand the nuances of your case and tailor our legal strategy to achieve your goals.
- Negotiation and Litigation Prowess: A dispute often involves negotiations that can get heated. We keep our composure and identify any tactics the opposing party might try to pull. If need be, we will represent you in court and litigate your claim to get what you deserve.
Residential Construction Liability Act in Houston Construction Claims and Disputes
Texas has a law called the Residential Construction Liability Act that governs any construction defects in residential properties. Requirements under the act are set out under Texas Property Code § 27.004:
“(a) Before initiating an action under this chapter, the claimant must give written notice by certified mail, return receipt requested, to the contractor, at the contractor’s last known address, specifying in reasonable detail the construction defects that are the subject of the complaint. Not later than the 35th day after the date the contractor receives the notice, and on the contractor’s written request, the contractor shall be given a reasonable opportunity to inspect and have inspected the property that is the subject of the complaint to determine the nature and cause of the defect and the nature and extent of repairs necessary to remedy the defect. The inspection shall be completed not later than the 75th day after the date the contractor receives the notice.”
Under the act, claimants must provide written notice to the contractor before initiating legal action. The notice has specific requirements to be considered valid. After receiving the notice, the contract has 35 days to submit a written request to inspect and 75 days to complete the inspection. The inspection allows the contractor to inspect the issues and fix any problems to avoid issues. If the contractor fails to address the issues, then the property owner can continue on to bring a claim.
Fraud and Deception in Houston Construction Claims and Disputes
Another law designed to protect property owners from deceptive contractors is the Texas Deceptive Trade Practices Act. The basics of the act are laid out in the Texas Business & Commerce Code § 17.41:
Ҥ 17.46. Deceptive Trade Practices Unlawful (a) False, misleading, or deceptive acts or practices in the conduct of any trade or commerce are hereby declared unlawful and are subject to action by the consumer or the state. (b) Examples of deceptive trade practices include:
(1) Passing off goods or services as those of another; (5) Representing that goods or services have sponsorship, approval, characteristics, ingredients, uses, benefits, or quantities that they do not have; (7) Representing that goods or services are of a particular standard, quality, or grade, or that goods are of a particular style or model, if they are of another; and (12) Representing that an agreement confers or involves rights, remedies, or obligations that it does not have or involve.”
How this can manifest in construction claims is when a contractor or builder misrepresents their qualifications, fraudulently applies for permits, or fails to disclose defects in materials. For example, if a contractor falsely claims they are licensed to perform electrical work but fails to meet required licensing industry standards, the homeowner may file a claim under this statute. A construction claims and disputes attorney in Houston can help property owners identify deceptive practices, gather evidence, and take legal action to recover damages.
Damages in Houston Construction Claims and Disputes
Depending on the exact claim that is brought, there are various damages that the property owner can try to claim. Damages typically fall into economic and non-economic damages. Economic damages include quantifiable elements, such as the cost of repairs, loss of property value, costs resulting from delays, and costs to replace materials. Non-economic damages can include mental and emotional distress resulting from fraudulent practices. In some cases, these claims may overlap with Houston construction defects attorney cases, particularly if structural issues arise due to negligence or code violations.
In addition, Houston construction claims and damages can include potential consequential damages. Consequential damages include loss of business revenue in commercial projects, additional finance costs, or increased insurance premiums.
Statute of Limitations in Houston Construction Claims and Disputes
The statute of limitations refers to the timeframe under which a property owner must bring a Houston construction claim. If the property owner fails to file a claim, then the owner will be barred from bringing any legal action to resolve the dispute. The exact deadline varies depending on the nature of the claim. For a general claim under a theory of breach of contract,
Texas Civil Practice & Remedies Code § 16.004 provides the exact language:
:“(a) A person must bring suit on the following actions not later than four years after the day the cause of action accrues: (1) specific performance of a contract for the conveyance of real property; (2) penalty or damages on the penal clause of a bond to convey real property; (3) debt; (4) fraud; or (5) breach of contract.”:
What this means is that in general, a property owner has four years from the day the contract is breached to bring legal action. Common events triggering a breach include failure to complete the work on time, the identification of defective materials, or violating specific requirements set out by the project. In some cases, these issues may escalate into a larger real estate litigation and dispute requiring legal action to protect the property owner’s interests.
Contact Our Houston Construction Claims and Disputes Lawyer Today
At Porter Law Firm, we understand the frustration when a shady contractor delays or even materially hampers a substantial property investment. If you find yourself facing a Houston construction claim or dispute, trust us to advocate and fight for your rights. We will bring the legal action necessary to show the other side that you mean business. Whether it takes a firm negotiation or a threat of legal action in litigation, our team has the knowledge and experience to successfully assert your legal rights. Call Porter Law Firm today at (713) 621-0700 or fill out the form and learn how our Houston construction claim and disputes lawyers will handle your claim.