When you hire someone to do construction work, you expect to receive a quality product at the end of the deal. Whether the work is to be completed on your home or a commercial property, you should be able to trust contractors to perform the work free of defects and problems. However, construction defects plague many projects, and the property owner is often left facing serious financial consequences because of the problems. If your construction project has defects, an experienced Houston real estate litigation and dispute attorney can help hold the responsible parties accountable.
If you have encountered defects in your latest construction project, you need an experienced lawyer who knows how to hold the responsible parties accountable. Contact Porter Law Firm today to let us help you recover any damages you may have suffered as a result of construction defects. Our experienced team can evaluate the details of your claim and help you proceed in the manner that is most likely to get you a successful outcome. Give us a call at (713) 621-0700 today to get started.
Why Choose Us?
It may seem intimidating to proceed with a construction defect claim against a large contractor or other builder. At Porter Law Firm, our attorneys are here to help make sure you are not taken advantage of. We understand that for many clients their real estate business is their livelihood. Construction defects can have severely adverse financial consequences, and we are here to help make sure that does not happen to you.
Some reasons why clients choose Porter Law Firm include:
- Our firm has been helping clients in the Houston area with all things real estate since 2009
- Many of our attorneys are commercial real estate owners and investors themselves, so they have lived their experience with real estate matters
- Our boutique firm offers flexibility and agility to give you a personalized approach to representation while still having a team of attorneys available when needed
- Not only do we focus on the solution and outcome, but we also keep cost in mind by planning an efficient and effective strategy
- While we are able to resolve many disputes through negotiation or mediation, we will fight aggressively for you in litigation when necessary
If you find yourself in a dispute over construction defects, a contact formation and review attorney in Houston can ensure that all agreements were properly drafted and enforced. Contact Porter Law Firm today to schedule a consultation. Our experienced team is ready to go to work for you and help you get the outcome you desire.
Why You Need a Construction Defect Attorney
Not only can construction defects be time-consuming and expensive to repair, but they could also lower the value of your property. With residential defects, your family could be put at risk. Similarly, commercial defects could result in your tenants, customers, or other occupants of the building being at risk. Let Porter Law Firm stand up for your rights and help you get the situation resolved through repairs, compensation, or both.
Some ways a construction defect attorney can help you are:
- Investigating the defects to determine who is at fault and helping to hold all responsible parties accountable
- Review construction contracts and warranties to determine exactly what was specified in the contracts
- Engage building or construction experts as necessary to determine the cause of the defect and to help assess the extent and value of the damage
- Advise you on all potential legal options that you may have
- Negotiate a full and fair resolution with the responsible parties that will make you whole and remedy the situation
- File a lawsuit and fight for you in court when negotiations are not successful
An experienced Houston construction defect attorney can help you identify all potential defendants in your claim and advise you on the best strategy for protecting your rights. Porter Law Firm is here to help you through this sometimes difficult and complex process. Contact us today to set up an initial consultation.
Construction Defect
Common Types of Construction Defects
When discussing construction defects, it is helpful to first understand what constitutes a construction defect. When it comes to residential construction defects, the Texas Property Code defines a construction defect as “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.”
It is also worth noting that construction defects may occur in new construction or repairs to existing construction. Homes, condos, and other residences are all subject to this definition. Construction defects in commercial buildings follow a similar definition, although it is generally expected that the defect must cause some type of failure or damage. Some common types of construction defects are explored below.
Defects in Design
Design defects are one of the most common types of construction defects. This type of defect occurs when there is a problem with the design that leads to additional issues. Often, design defects can lead to a building or structure not meeting local building codes. Some examples could include poor roof design that causes water to flow onto an adjacent wall, poor drainage design that leads to water penetration, or poor structural design that does not provide adequate support for the building. Design defects can lead to major problems, and these can often be very expensive to repair. Houston lease review attorneys can help commercial tenants ensure that defect-related issues don’t impact lease agreements.
Electrical Problems
Electrical issues can include everything from outlets that are not in the right spot according to the building code or faulty wiring inside the structure. Improperly placed outlets may not function as they are intended, and those outlets may need to be repositioned. Faulty wiring can lead to even bigger problems. This could present a dangerous situation resulting in electrical shock or a fire hazard. Electrical issues present an extreme safety concern, and they should be corrected right away.
Water Issues
Water can be your home’s worst enemy, and construction defects that lead to water issues can have devastating consequences. Improper drainage can lead to water issues by allowing water to penetrate the structure or potentially causing foundation problems. Improperly sealed doors or windows can allow water to get into the walls of the structure. This could lead to mold, mildew, and rotting wood. Mold can cause serious health problems, and it can require extensive repairs to remedy the situation.
Material Defects
Faulty materials can also be responsible for construction defects. In recent years, certain types of drywall and stucco have made headlines due to all of the issues they caused. Imagine building a brick house with bricks that were not properly cured and were defective. Material defects can also result from damage to the materials – even if the damage is caused by the builder at the building site. Often, defective materials must be removed and replaced with quality materials that do not cause problems.
Construction defects can also lead to contract disputes and claims for breach of contract between property owners and builders. A Houston business litigation attorney can assist in navigating these complex legal matters.
Common Signs of Construction Defects
Identifying construction defects can be the first step to getting them repaired. It is helpful if you know what to look for so that you can watch for potential signs of defects. The sooner you catch a problem, the more likely you will be able to determine the cause and get it repaired. Here are some common signs of construction defects in both residential and commercial properties:
- Water intrusion
- Sagging floors
- Cracked foundation
- Moisture or mold problems
- Electrical problems, such as flickering lights or faulty plugs
- Cracks in walls or ceilings
If you notice any of these issues, you should consider having an inspection to determine whether you have a major problem. Contact Porter Law Firm to let us evaluate your situation and determine whether you might have a claim against your contractor or others.
Who is Responsible for Construction Defects?
The facts of your specific situation will determine who may be held liable for construction defects. In some cases, multiple parties could share in the liability. Some parties that may be responsible include contractors, subcontractors, designers, manufacturers of defective materials, engineers, and architects. An experienced construction defect lawyer can help evaluate your situation and determine who should be held responsible for your damages.
When it comes to commercial properties, Texas law does help to shield contractors from liability for defects that were caused by another party. The law states, “A contractor is not responsible for the consequences of design defects in and may not warranty the accuracy, adequacy, sufficiency, or suitability of plans, specifications, or other design documents provided to the contractor by a person other than the contractor’s agents, contractors, fabricators, or suppliers, or its consultants, of any tier.” Essentially, the contractor may not be held liable for defects caused by another party’s plans or designs.
What Remedies Are Available for Construction Defects?
There are a few different remedies available to owners who have been victims of construction defects. When it comes to defects in residential buildings, the process is governed by the Texas Residential Construction Liability Act. This law states that the contractor should first make a written settlement offer to the claimant. This offer could include a proposal for repair or an amount of monetary damages.
If the settlement offer is rejected, the homeowner may decide to pursue litigation. The following types of economic damages may be recovered from the contractor:
- Reasonable cost of repairs
- Reasonable cost of replacement of defective materials
- Engineering and consulting fees
- Expenses for temporary housing
- Reduction in current market value
- Attorney’s fees
- Arbitrator’s fees
It is generally in the best interest of both the homeowner and contractor to negotiate a settlement if possible. The negotiation process is usually much quicker, and both parties can come to an agreement on the terms of the settlement. Litigation can be lengthy and expensive, and it generally should be avoided whenever possible.
For commercial properties, the remedies available are similar to those available in residential cases. Defective items may need to be removed and replaced, and work may need to be redone to make the problem right. Additionally, contracts may be terminated because of defects in some situations.
How Long Do I Have to File a Lawsuit for Construction Defects?
The timeframe for filing a lawsuit resulting from a construction defect can get somewhat complex. Generally, Texas law states that building owners have “up to a total of 12 years to begin a construction defect claim.” The statute of repose allows building owners up to 10 years to first discover the defect. Once the defect is discovered or should have been discovered, the owner must file a lawsuit within the two-year statute of limitations.
There were a few reasons why the timeframe was recently shortened to no more than 12 years. First, some contractors, subcontractors, engineers, designers, and others involved in the construction may no longer be in business after longer time periods. Additionally, records or other documents needed for the litigation may have been lost or destroyed. Finally, a significant amount of wear and tear or other damage may have occurred to the building during that span of time. At that point, it would be hard to determine whether the defects existed at the time of construction or if they were the result of improper maintenance, other repairs, or some other issues that occurred after construction.
The best way to determine the filing deadline associated with your case is to consult an experienced Houston construction defect attorney. Porter Law Firm can help investigate your claim and determine the specific filing deadline associated with your case. Give us a call today to let us go to work for you and help you protect your interests.
Schedule a Consultation with a Houston Construction Defect Lawyer Today
If you have experienced construction defects in your latest project, you need the help of an experienced attorney who can hold the responsible parties accountable and make things right. Whether you are building a home or a residential property, Porter Law Firm knows the law when it comes to real estate. Our experienced construction defect lawyers in Houston have the knowledge you need on your side to guide you through the process of getting the outcome you desire. Whether the solution requires repairs, monetary compensation, or both, our team is ready to fight to protect your rights and financial interests. Give us a call today or fill out the form to schedule a consultation and let us get started working for you.