Discovering a problem with a newly constructed or renovated property can be frustrating—and expensive. Foundation movement, persistent water intrusion, faulty plumbing, improperly installed HVAC systems, electrical problems, and other construction issues can quickly turn into significant repair costs and even affect the safety or value of a property.
But not every construction problem automatically gives rise to a construction defect claim.
In Texas, a valid construction defect claim generally depends on several factors, including what went wrong, who was responsible, whether the work failed to comply with contractual or professional standards, whether the defect caused measurable damage, and whether the claim is brought within the applicable legal deadline.
If you are dealing with problems involving residential or commercial construction, understanding these factors can help you determine whether it is time to speak with a Texas construction defect attorney.
What Is Considered a Construction Defect?
A construction defect is generally a deficiency in the design, construction, repair, or renovation of a property that causes the building or one of its components to fail to perform as reasonably expected.
Construction defects can involve mistakes made by a:
- General contractor
- Subcontractor
- Developer
- Architect
- Engineer
- Designer
- Construction manager
- Material or product supplier
Some defects become apparent almost immediately. Others may remain hidden for months or years before property damage becomes visible.
Common examples include:
Foundation and Structural Problems
Cracks in walls or flooring, sticking doors, uneven floors, shifting foundations, or structural movement may indicate problems with soil preparation, foundation design, drainage, engineering, or construction.
Water Intrusion and Waterproofing Failures
Leaks around windows, roofs, balconies, exterior walls, or building envelopes can allow moisture to enter the structure and cause mold, wood deterioration, damaged finishes, and other problems.
Roofing Defects
Improper flashing, inadequate drainage, incorrect installation, or defective roofing materials may cause recurring leaks and premature roof failure.
Plumbing Problems
Improperly installed pipes, inadequate drainage, leaks, incorrect connections, or defective plumbing components can cause significant water damage.
Electrical Defects
Electrical systems that were improperly designed or installed may create code compliance problems, power failures, damaged equipment, or safety hazards.
HVAC Defects
Improperly sized, installed, or maintained HVAC systems can result in inadequate heating or cooling, excessive humidity, poor ventilation, condensation, or premature equipment failure.
Renovation and Remodeling Defects
Construction defect disputes are not limited to new buildings. Defective renovation or remodeling work may also support a claim when a contractor fails to perform the work required by the agreement or performs it improperly.
How Can I Tell Whether I May Have a Valid Construction Defect Claim?
There is no single test that determines whether every construction defect claim is valid. However, several questions can help identify whether further investigation is warranted.
1. Is There an Actual Defect or Failure?
The first question is whether something about the property was designed, constructed, installed, repaired, or renovated improperly.
A cosmetic imperfection does not necessarily mean there is a legally actionable defect. The problem becomes more significant when a building component:
- Does not function as intended
- Fails prematurely
- Violates applicable plans or specifications
- Was installed contrary to accepted construction practices
- Creates a safety concern
- Allows water or moisture intrusion
- Causes structural or property damage
- Requires significant repair or replacement
Determining the cause of a defect often requires more than simply looking at the visible damage.
For example, a crack in drywall may be minor. But widespread cracking combined with uneven floors, sticking doors, and measurable foundation movement could indicate a much larger structural issue.
2. Did the Construction Fail to Meet the Contract or Project Specifications?
Construction contracts often provide some of the most important evidence in a defect dispute.
Plans, specifications, scopes of work, warranties, change orders, invoices, and other project documents may establish what a contractor or construction professional agreed to provide.
A potential claim may exist when the completed work materially differs from those requirements.
Examples could include:
- Using materials different from those specified in the contract
- Failing to install required waterproofing
- Omitting required structural components
- Performing work inconsistent with architectural or engineering plans
- Failing to complete portions of the agreed scope of work
- Improperly installing building systems or components
Because construction projects can involve numerous contractors and subcontractors, identifying exactly which agreement and scope of work governed the defective component is often an important part of evaluating liability.
3. Did the Defect Cause Damage or Financial Loss?
A construction defect case generally becomes stronger when the defect results in identifiable damages.
Depending on the circumstances, damages associated with defective construction may include:
- Cost of necessary repairs
- Cost of removing and replacing defective work
- Damage to other portions of the property
- Engineering or inspection expenses
- Lost use of the property
- Business interruption or other commercial losses
- Loss in property value
- Additional construction costs
- Temporary relocation expenses
The damages available in a particular case depend on the facts, contracts, parties involved, and legal claims being asserted.
An experienced construction defect attorney can review both the physical defect and the financial consequences it has caused.
4. Can You Identify Who May Be Responsible?
One of the most difficult parts of a construction defect case is determining who caused the problem.
Large construction projects may involve a developer, general contractor, architects, engineers, dozens of subcontractors, inspectors, consultants, and product manufacturers.
The party responsible for repairing a visible problem may not necessarily be the party that originally caused it.
Consider a building experiencing recurring water intrusion. The underlying cause could involve:
- Architectural design
- Window installation
- Roofing
- Flashing
- Exterior cladding
- Waterproofing
- Sealants
- Drainage
- Multiple subcontractors working together
Construction attorneys frequently work with engineers, building consultants, and other experts to determine the cause of a defect and identify potentially responsible parties.
5. Do You Have Evidence of the Problem?
Documentation can play a major role in a construction defect dispute.
If you suspect defective construction, preserve as much information as possible, including:
- Construction contracts
- Plans and specifications
- Change orders
- Invoices and payment records
- Warranties
- Inspection reports
- Engineering reports
- Photographs and videos
- Emails and text messages
- Communications with contractors
- Repair estimates
- Maintenance records
- Records showing when the problem first appeared
Photographs taken over time can be particularly useful when a defect is progressing.
Avoid destroying potentially important evidence before the condition has been appropriately documented. In some cases, performing extensive repairs before the responsible parties have an opportunity to inspect the property can complicate a later dispute.
6. Is the Claim Still Within the Applicable Deadline?
Construction defect cases can involve several different deadlines.
Texas law includes statutes of repose affecting certain claims against architects, engineers, contractors, and others involved in improvements to real property. For many construction-related claims, Texas law establishes an outside deadline measured from the substantial completion of the improvement.
However, that does not mean every property owner automatically has that entire period to file a lawsuit.
Shorter statutes of limitations may apply depending on the specific legal claim, when the claim accrued, the type of property involved, the defendant, warranty provisions, and other circumstances.
Residential construction claims can also be subject to special requirements under the Texas Residential Construction Liability Act.
Because determining the correct deadline can be complicated, property owners should not assume they have years to investigate a construction defect simply because the building was completed recently.
Residential vs. Commercial Construction Defect Claims
The legal issues involved in a construction defect claim may differ significantly depending on whether the property is residential or commercial.
Residential Construction Defects
Texas residential construction disputes may be governed in part by the Residential Construction Liability Act, commonly called the RCLA.
The law establishes certain procedures that may apply before pursuing damages against a contractor, including notice requirements and opportunities for inspection and repair.
Residential property owners should therefore obtain legal guidance before making major repairs or pursuing litigation.
Commercial Construction Defects
Commercial construction disputes often depend heavily on sophisticated contracts.
Those agreements may contain provisions governing:
- Warranties
- Indemnification
- Insurance
- Notice requirements
- Dispute resolution
- Arbitration
- Damages
- Change orders
- Payment
- Responsibility among contractors and subcontractors
Commercial construction disputes can involve substantial losses, particularly when defects interfere with business operations or require major structural repairs.
What Should I Do If I Suspect a Construction Defect?
If you discover a potential construction problem, taking the right steps early can protect your ability to investigate the claim.
Consider:
- Documenting the defect. Take photographs and videos and record when you first noticed the problem.
- Preserving construction documents. Keep contracts, plans, invoices, warranties, emails, and other project records.
- Avoiding unnecessary alterations. Do not destroy important evidence before the defect has been properly evaluated, unless emergency repairs are necessary to prevent additional damage or protect occupants.
- Obtaining a professional inspection when appropriate. Engineers or other qualified construction professionals may be able to determine the cause and extent of the defect.
- Reviewing your contract and warranties. These documents may establish repair obligations, notice procedures, or dispute-resolution requirements.
- Speaking with a construction defect attorney. Legal counsel can evaluate potential claims, deadlines, responsible parties, contractual requirements, and available damages.
Do I Need an Expert to Prove a Construction Defect?
Many construction defect cases require expert analysis.
The visible damage does not always explain why the problem occurred. An engineer, architect, building-envelope consultant, contractor, or other qualified professional may need to determine whether the work complied with applicable plans, specifications, engineering requirements, building standards, or accepted construction practices.
Expert testimony can also help establish:
- The cause of the defect
- Whether the work was improperly performed
- Which party was responsible
- The appropriate repair method
- The reasonable cost of repairs
- Whether other portions of the property have been damaged
More complex cases may require experts from several different construction disciplines.
Who Can Be Held Responsible for Construction Defects in Texas?
Depending on what caused the defect, potentially responsible parties may include:
- Developers
- General contractors
- Subcontractors
- Architects
- Engineers
- Construction managers
- Design professionals
- Material suppliers
- Product manufacturers
Some disputes involve multiple responsible parties.
For example, an exterior wall failure could involve allegations concerning design, materials, installation, supervision, and waterproofing. Identifying each party’s role can therefore be critical to building a construction defect claim.
When Should I Contact a Texas Construction Defect Lawyer?
You should consider contacting an attorney when you discover a serious defect, receive a significant repair estimate, experience repeated unsuccessful repairs, believe a contractor is denying responsibility, or learn that the problem may involve structural, water, electrical, plumbing, or other major building systems.
Waiting can create additional complications.
Evidence can disappear. Contractors can become difficult to locate. Building conditions can change. Contractual notice periods and statutes of limitations can expire.
Getting legal advice early does not necessarily mean filing a lawsuit. It can help you understand the problem, preserve evidence, identify responsible parties, and determine the most appropriate way to resolve the dispute.
Speak With The Law Offices of Colby Lewis About a Texas Construction Defect Claim
Construction defects can cause substantial financial losses for homeowners, property owners, developers, businesses, and other parties involved in Texas construction projects.
The Law Offices of Colby Lewis represents clients in construction defect and complex litigation matters throughout Texas, including disputes involving foundation problems, HVAC systems, electrical systems, plumbing, renovations, and other defective construction.
With more than 15 years of litigation experience, attorney Colby Lewis and his legal team evaluate the facts behind construction disputes, identify potentially responsible parties, and develop strategies tailored to each client’s circumstances.
If you believe defective construction has damaged your residential or commercial property, contact The Law Offices of Colby Lewis to discuss your situation and learn about your legal options.
