When building a property, the common expectation is that the property will be designed and constructed with meticulous care and be up to par with industry standards. A failure to properly construct and design a property can seriously impact the safety of the building and lead to significant financial losses.
If you find yourself requiring legal assistance for a Houston construction claims and disputes attorney due to defects, Porter Law Firm is here to assist. Led by Brad Porter, our team of construction and design defects lawyers in Houston will go through all the evidence and fight for what you are legally entitled to.
Don’t wait to start your path to justice. Reach out to us today at (713) 621-0700 for your consultation on your claim.
Porter Law Firm Brings What You Need for Your Houston Construction and Design Defects Claim
- Evidence Gathering: Asserting a claim requires solid proof to back up your argument. Porter Law Firm has a full staff that understands what information to look for and assemble.
- Comprehensive Representation: We have the experience to handle a firm negotiation or if required, we can be your strong advocate to litigate in court.
- Strong Connections to Experts: A Houston construction or design defects claim often requires a specialist to attest to the technical aspects. We work with the best in the industry for a proper evaluation of your claim.
- Reputation in the Houston Legal Community: Our success has firmly established our reputation in the Houston courts. We have strong relationships with judges and clerks. The opposing party will know you mean business when they see our name.
Design Defects in Houston Construction and Design Defects Claims
Design defects claims are unique in that they focus on the actual architectural or engineering plan of the property as opposed to the actual construction. Design defects can happen when the specs proposed by the design professional do not meet government safety standards or what was specifically requested by the property owner. Here are some examples of Houston construction and design defects claims we see at Porter Law Firm:
- Building Code Requirements: Buildings are required to meet local Houston building codes to meet structural specifications to keep buildings safe. A failure to do so puts the building at risk. A Houston real estate litigation and dispute attorney can assist in resolving disputes related to code violations.
- Electrical System Issues: Insufficient wiring can result in electrical outages and create safety hazards.
- Improper Drainage: Failure to account for water runoff or flooding can cause improper water channels to erode and cause damage.
- Fire Safety Flaws: Inadequate stairwells or exits can cause buildings to fail fire inspections.
- Roof Defects: Improper designs such as flat roofs can lead to poor drainage and cause leaks.
- Failure to Meet Design Specs: Specific requests that deviate from agreed design elements can be considered a design defect.
One of the most common issues arising from construction and design defects is roof leaks. Poor design choices, such as inadequate drainage planning, faulty material selection, or improper installation, can result in persistent leaks that damage the structural integrity of a building. If left unaddressed, these leaks can lead to mold growth, ceiling collapses, and significant financial losses for property owners.
If your property has suffered water damage due to a design-related flaw in the roofing system, a Houston roof leak construction defect attorney can help you pursue compensation and hold the responsible parties accountable.
Certificate of Merit in Houston Construction and Design Defects Claims
Design claims are unique in that there is a strict procedural requirement for plaintiffs to bring a claim. The certificate of merit requirement is outlined in Texas Civil Practice & Remedies Code § 150.002:
“(a) In any action or arbitration proceeding for damages arising out of the provision of professional services by a licensed or registered professional, the plaintiff shall be required to file with the complaint an affidavit of a third-party licensed architect, licensed professional engineer, registered landscape architect, or registered professional land surveyor who: (1) is competent to testify; (2) holds the same professional license or registration as the defendant; and (3) practices in the area of practice of the defendant.” “(b) The affidavit shall set forth specifically for each theory of recovery for which damages are sought, the negligence, if any, or other action, error, or omission of the licensed or registered professional in providing the professional service, including any error or omission in providing advice, judgment, opinion, or a similar professional skill claimed to exist and the factual basis for each such claim.”
What this means is that before a plaintiff files a claim, they must receive a signed affidavit prepared by a licensed professional in that field that details what the errors are. To qualify, the expert must be in the same area of expertise as the defendant who the claim is being brought against. In the affidavit, there must be enough facts to provide a basis for why the defendant fell below the required standard of care in the field. If the plaintiff fails to file the certificate of merit, the court may dismiss the case on lack of grounds for a claim to be brought.
Damages in Houston Construction and Design Defects Claims
Damages refer to the compensation that a potential claimant can recover for a Houston construction and design defect claim. The specific types of damages fall into various categories. These classifications are important because they may determine the eligibility and amount based on the nature of the claim and the facts of the case. Generally, damages fall into economic and non-economic damages. In property defects, consequential damages may play a role as well,
Economic damages reimburse the property owner for any direct financial losses that are easily quantifiable. In Houston construction and design defect claims, this includes:
- Cost of Repairs: Amounts required to repair any issues caused by the defects
- Equipment Costs: Costs required to replace any materials or equipment needed for repairs
- Diminished Property Value: The property’s loss in value due to any defects
- Loss of Use: If the property becomes unable to be used for its intended use, there can be compensation for any temporary relocation, business interruptions, etc.
Non-economic damages are less common in construction and design defect claims, but any compensation for emotional distress that the property owner experiences can potentially be requested for recovery. These damages are more difficult to prove and harder to value.
Consequential damages are any secondary losses that are incurred as a result of the defect. These are often highly negotiated but can be substantial if recognized. Typical types of consequential damage include any business losses (loss of revenue, increase in operating costs) and additional costs due to delays. A Houston breach of fiduciary duty lawyer can assist in cases where financial mismanagement contributed to construction defects.
Contact Our Houston Construction and Design Defects Lawyers Today
A poorly constructed building with a design flaw can be detrimental to the investment that you put in for your property. If you find yourself battling an architect or engineering firm who did properly create the specs for your property, Porter Law Firm can assist in making sure that you are adequately compensated. Our Houston construction and design defects attorneys will analyze the facts of your claim and make sure that the laws are applied appropriately to work in your favor. Let us advocate and fight for you.
Call Porter Law Firm today at (713) 621-0700 or fill out the form for your consultation and start on your path to justice.