If construction defects have damaged your Texas home or property, you may have grounds to sue for breach of contract, breach of warranty, or negligence. Texas gives you two years from the date you discover the defect to file a claim, and ten years from substantial completion of the project.
If your home or building has a defect that traces back to how it was built, the builder does not get to just walk away. Texas law gives you options, but the clock starts ticking the moment you discover the problem, and the rules around who is liable can be confusing.
The construction law team at McLaurin Law works with Texas property owners who are trying to figure out what they are dealing with and whether they have a case. Here is what you need to know before you take legal action
Defining Construction Defects
A construction defect could technically be any problem with your home or business, both minor and major, like peeling paint or a major electrical defect, leaky plumbing or cracks at the foundation. These defects can be further broken down into two major categories: patent and latent defects.
The patent ones are things that can/should be caught by any reasonable home inspector. The latent ones are things that won’t necessarily materialize for months or even years down the line. For example, you may have cracks in the foundation of your home but not see any evidence of it for years. This is a latent defect.
There are numerous potential causes of a construction defect, including:
- Poor workmanship on the part of the builder/subcontractor
- Errors made by the architect or designer of the home
- Defects with building materials
- Problems with ground/soil that cause foundation issues
Anything encompassed above could constitute a construction defect, but obviously, some of these issues are more serious than others. A major, systemic electrical issue may prompt you to arrange an inspection and consider legal action, but doing the same for a miniscule issue wouldn’t really be worth it (think peeling paint or a few lifted tiles).
Also consider that the builder isn’t always at fault: For example, if a product or material is found to be defective, it’s possible that both the homeowner and the construction company will have a legal claim to bring against the manufacturer, seller, or distributor of that product or material.
Taking Legal Action Against Texas Contractors
If you do wish to take the builder to court to hold them accountable for the defect, your best bet is to talk with a lawyer, who can advise you on how to approach the case. Some examples of what your next step could be include:
- Suing for breach of contract and/or breach of warranty; or
- Suing for negligence if the builder, architect, or contractor failed to meet the standard of care owed to you (negligence may apply even without a written agreement).
There are two deadlines you need to know about in Texas. The first one most people are familiar with, you have two years from the date you discovered the defect to file a claim. But the one that catches people off guard is the Statute of Repose. It says that no matter when you find the problem, if the building was substantially completed more than 10 years ago, you cannot sue.
Seeking Legal Remedy for a Construction Defect in Texas
Nobody likes dealing with major problems with their home or building, especially not when those problems seem like the result of negligence or of poor workmanship. The good news is, legal remedies are often available to those who identify these construction defects.
A good first step is reaching out to an inspector, who can take a look at the problem, let you know how serious it is, and possibly even diagnose it as an issue with your contractor. From there, you want to preserve everything, from contracts to warranties, communications with the builder, photos, and repair estimates. That paper trail is going to be what makes or breaks your defect case.
The construction law attorneys at McLaurin Law can review what you have and tell you honestly whether you have a viable claim and against whom. Send us a message, and we will take a look.
Frequently Asked Questions About Construction Defects and Liability in Texas
1. What is a construction defect in Texas?
A construction defect is any problem with a home or building that traces back to how it was designed, built, or what it was built with. That includes poor workmanship by the contractor, errors by the architect, defective materials, or site conditions that were not properly addressed. Some defects are visible right away. Others, like foundation problems, can take years to show up.
2. What is the difference between a patent and latent construction defect?
A patent defect is one that a reasonable home inspector would catch during a standard inspection. A latent defect is hidden. It may not surface for months or years after the project is complete. Latent defects are more common in construction defect claims because homeowners often do not know there is a problem until real damage has already occurred.
3. How long do I have to file a construction defect claim in Texas?
You have two years from the date you discovered the defect to file a claim. But there is a second deadline too: the Texas Statute of Repose. It cuts off any claim filed more than 10 years after substantial completion of the project, regardless of when you found the problem. If you think you have a defect issue, do not wait.
4. Can I sue my builder for a construction defect in Texas?
Yes. Texas law allows you to bring claims against a builder for breach of contract, breach of warranty, or negligence. Which theory applies depends on the facts of your situation. If you are not sure where to start, the construction law team at McLaurin Law can take a look and tell you what you are working with.
5. Who is responsible if defective materials caused the problem?
The builder is not always the only party on the hook. If a defective product or material contributed to the problem, both you and your contractor may have a claim against the manufacturer, seller, or distributor of that material. These cases can involve multiple defendants, which is why it helps to have an attorney sort out who is actually liable.
6. What if my insurance company denied my claim for a construction defect?
A denied insurance claim on top of a construction defect is a situation we see regularly. Whether it is a builder’s risk policy, a homeowner’s policy, or a commercial property policy, insurers sometimes deny these claims or underpay them. The construction insurance claims team at McLaurin Law handles both sides, the defect claim and the insurance dispute.
7. What evidence do I need for a construction defect case in Texas?
Start with a professional inspection that documents the defect and traces it back to construction. From there, hold onto everything as evidence, including your original contract, any warranties, communications with the builder, photos of the damage, and repair estimates. The stronger your paper trail, the stronger your case.
8. How do I know if my construction defect is worth pursuing?
Not every defect justifies a lawsuit, and the honest answer is that it depends on the severity of the damage, who caused it, and how much time has passed. Send us a message and the team at McLaurin Law will tell you straight whether you have something worth pursuing.