Construction Defect Cases Against New Builders in Austin

Texas Construction Lawyer.

Austin homeowners have certain rights when it comes to construction defects concerning new builds. It is not uncommon for builders to leave defects in the property that can result in significant financial losses and stress for their new owners. With an understanding of these rights and applicable legal remedies, homeowners can be better equipped to protect themselves and negotiate with their builders.

Defining Construction Defects

Construction defects are any issues with a newly constructed building that may cause health or safety risks, damage, or loss of use, including structural issues, electrical problems, water infiltration, and defects in materials. Homeowners need to remember that even minor repairs can end up costing big money over time.

Examples of construction defects include:

• cracks in the foundation
• water intrusion
• faulty electrical wiring
• stucco defects

In most cases, construction defects are discovered after the completion of the construction project, often when the homeowner notices something that doesn’t seem right or experiences a problem with the home. It’s important to note that not all construction issues are considered defects. Some are simply the result of normal wear and tear or natural settling over time.

Construction defects can be costly to repair and significantly reduce a home’s value. In some cases, they can even make a home unsafe, requiring the occupants to evacuate until the issues are addressed.

If you suspect that your home has a construction defect, it’s important to contact an experienced attorney who specializes in construction defect cases. They can advise you on your legal rights and help you navigate the complex process of filing a claim against the builder or contractor responsible for the defect.

What is a Construction Defect Claim?

A construction defect claim is a legal action taken to recover damages from contractors, architects, and other parties who failed to fulfill their obligations in building a structure or completed an inadequate job. Such claims are typically raised by individuals who have been negatively impacted by issues caused by the contractor or another party in the construction process.

How to spot construction defects

Spotting construction defects is not always easy, but knowing whether or not you have a legitimate case against your builder is essential. Some of the most common defects are those hidden from sight or only appear after a period of time. Below are some tips on how to spot construction defects:

1. Engage a home inspector: A qualified home inspector can help you identify construction defects in your home. They have the expertise and knowledge to spot defects you may not know.
2. Inspect the foundation: The foundation is one of the most important components of your home. Cracks or shifting in the foundation can lead to serious problems.
3. Look for water damage: Water damage can cause extensive damage to your home and can lead to mold and mildew growth. Look for signs of water damage, such as staining on walls, floors, or ceilings.
4. Check the roof: A damaged or poorly installed roof can lead to leaks and water damage. Inspect your roof for missing or damaged shingles, cracks, or holes.
5. Inspect the plumbing: Plumbing defects can lead to leaks, water damage, and other problems. Look for signs of leaks, such as water stains or mold growth.

When Should You Pursue Legal Options?

If you believe that workmanship, design, materials, or any other aspect of the construction process have led to a significant impact on your property, then it’s important to consider filing a construction claim. Commonly, such claims involve water damage, poor drainage, or weak foundations leading to structural integrity issues or heightened risk of injury. In addition, claims may also be brought against contractors if a construction project goes over budget or fails to meet predetermined completion deadlines.

• You notice significant structural damage to your home that was not present at the time of the walkthrough or final inspection.
• You notice water intrusion or mold growth in areas of your home that were supposed to be weatherproof and watertight.
• You notice electrical or mechanical failures not due to natural wear and tear.
• You notice plumbing leaks or water damage that was not present at the time of the walkthrough or final inspection.
• You notice cosmetic defects, such as uneven flooring, walls, or ceilings, that were not present at the time of the walkthrough or final inspection.

As soon as a homeowner identifies an issue or defect with their property, they should seek legal advice from an experienced attorney. Not only does this help protect them from longer-term damages or losses, but it also gives the homeowner necessary leverage in any negotiations with the builder.

Legal Remedies for Construction Defects

Legally speaking, Austin homeowners have several avenues available to them when it comes to filing a claim against their builder for a defective construct. These include breach of express warranty, misrepresentation of promised quality, negligence on the part of the contractor, breach of contract, and violations of local building codes. Depending on the facts in question, your lawyer can help you determine which option may be the best course of action for your case.

Depending on the scope and severity of the construction defect in question, legal remedies can include recovery of monetary damages, repairs or replacements, or completion of unfinished projects. Property owners seeking redress will typically pursue these remedies in court, where the appropriate restrictions and limitations apply to the permissible range of compensation. The success of any given claim will depend on providing sufficient evidence of negligence or fault on the part of the defendant(s).

Conclusion

No homeowner should ever have to suffer due to shoddy construction or careless mistakes on the part of developers or contractors. The rights provided by state and local laws ensure that homeowners who find themselves in this situation can take action to receive compensation for their losses and get justice. If you believe you may have a claim against your builder, contact an experienced attorney right away.

It’s important to find a lawyer with experience related to construction law as they’ll be able to best advise you on how to proceed with your case.

Austin Construction Defect Cases FAQ

How long is a home builder responsible for defects in Texas?

In Texas, a home builder is generally responsible for any defects or damages that occur due to construction for a period of four years from the date of completion. This would be a standard breach of contract or breach of warranty claim.  However, there are certain claims for negligence that could have a two-year window.  In some situations, these time periods begin when the defect is discovered for the first time and not when the home is completed.  There is also a ten-year statute of repose timeline in certain situations.  Calculating the statute of limitations in a construction defect case can be difficult and requires a firm handle on the facts of the case and the different applicable timelines and laws.

Can you sue a home builder in Texas?

Yes, you can sue a home builder in Texas for defective construction. However, it is important to remember that there are a few different statutes of limitations governing construction defect cases.  It is also advisable to consult with an experienced attorney to ensure that you are filing the correct paperwork and that all applicable laws are followed.  Additionally, there are usually terms in the Purchase Agreement that can govern what remedies are available and what venue the case will be in (public court versus private arbitration).

What is the statute of limitations for construction defects in Texas?

In Texas, a home builder is generally responsible for any defects or damages that occur due to construction for a period of four years from the date of completion. This would be a standard breach of contract claim.  However, there are certain claims for negligence that could have a two-year window.   In some situations, these time periods begin when the defect is discovered for the first time and not when the home is completed. There is also a ten-year statute of repose timeline in certain situations.  Calculating the statute of limitations in a construction defect case can be difficult and requires a firm handle on the facts of the case and the different applicable timelines and laws.

What is the builder’s warranty in Texas?

There are a variety of builder’s warranties offered in Texas.  Most builders offer at least a one-year warranty on their workmanship, though some builders may offer additional time depending on the type of work performed. There is generally a ten-year warranty on structural items, such as a foundation.  Additionally, any defects due to non-builder-related issues, such as extreme weather conditions, may not be covered by the warranty.

Can you sue a contractor for poor workmanship in Texas?

A: Yes, you can sue a contractor for poor workmanship in Texas. Your legal action must be filed within the applicable statute of limitations, and you must provide evidence that your contractor was liable for the damages caused. An experienced attorney can assist you with filing your complaint and making sure it is done properly.

How long do you have to sue a contractor in Texas?

In Texas, a home builder is generally responsible for any defects or damages that occur due to construction for a period of four years from the date of completion. This would be a standard breach of contract claim.  However, there are certain claims for negligence that could have a two-year window.   In some situations, these time periods begin when the defect is discovered for the first time and not when the home is completed. There is also a ten-year statute of repose timeline in certain situations.  Calculating the statute of limitations in a construction defect case can be difficult and requires a firm handle on the facts of the case and the different applicable timelines and laws.

What is Chapter 27 of the Texas Property Code?

Chapter 27 of the Texas Property Code sets out rules regarding construction contracts and related disputes between homeowners and contractors.  It is also referred to as the Residential Construction Liability Act (“RCLA”).  This very important statute includes regulations regarding warranties, performance standards, and other related matters.  Generally, builders will want a homeowner to follow Chapter 27 very strictly and often try to trick homeowners with the requirements of RCLA.

Who is the top home builder in Texas?

A: It is difficult to determine who the “top” home builder is in Texas because each region has its own unique factors at play. However, some of Texas’s most respected home builders are Ryland Homes, David Weekley Homes, Lennar, and Plantation Homes.

Do home builders have to be licensed in Texas?

Yes, all home builders must be licensed by the State of Texas in order to legally build or remodel homes. In addition, all homeowners should do some research on a prospective contractor before signing a contract. The best way to verify a contractor’s license status is to contact the appropriate state agency.

Who oversees the construction of a building?

A: Typically, local building departments are responsible for ensuring that construction projects meet safety and zoning requirements. Building departments can also provide advice on proper building techniques and suggest ways to prevent potential construction defects.

Can you sue a contractor for emotional distress in Texas?

A: Generally speaking, no.  However, there are some statutes that do allow for the recovery of mental anguish if certain facts and evidence are available.  It is best to consult with a construction defect attorney to determine if this applies to your case.

What is the statute of repose in Texas construction?

A: According to the Texas property code, a contractor has ten years from the commencement of operations (the date they began work) or substantial completion of construction on any project or structure to bring a lawsuit against another party involved. After this deadline has passed, any claims against the parties involved are forever barred.  There are a few exceptions to this ten-year period, and a skilled construction defect attorney can help you determine if your case falls within these exceptions.