The Law Offices of Colby Lewis
Houston Construction Defect Attorney
Construction Defect Attorneys Serving Houston, TX
Construction defects occur when a home or building is constructed with design errors, poor workmanship, or defective materials. In Houston, these problems often lead to foundation damage, water intrusion, structural issues, and costly repairs. When builders, contractors, or developers fail to meet industry standards, property owners may have the right to pursue compensation.
At a Glance: Do You Have a Claim?
Under Texas Property Code Chapter 27, known as the Residential Construction Liability Act (RCLA), property owners have the right to hold builders, developers, and contractors accountable for substandard work. Whether you are dealing with a shifting foundation in a new Pearland home or moisture intrusion in a Heights townhome, The Law Offices of Colby Lewis provides the aggressive, board-certified level of representation needed to force a resolution.
Contact us today for a free consultation, and let us guide you toward a resolution that protects your property and your peace of mind. We help clients across Texas, including Houston, San Antonio, Corpus Christi, McAllen, and Brownsville, resolve construction defect claims effectively and efficiently.
The “Houston Factor”: Why Local Expertise Matters
Construction in Houston isn’t like construction anywhere else. Our region presents unique environmental challenges that builders often fail to account for, leading to catastrophic defects:
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Expansive Clay Soils: Much of Harris County sits on “Black Gumbo” soil. If a builder fails to conduct proper soil testing or skips a post-tension cable adjustment, the result is cracked foundations and structural instability.
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Humidity & Building Envelopes: Improper “flashing” around windows or poor stucco installation in our 90% humidity environment creates a breeding ground for toxic mold and rot hidden inside your walls.
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Storm Drainage Failures: Improper lot grading leads to pooling water that undermines slabs and destroys landscaping—defects that often only become visible after a heavy Gulf Coast rain.
Who Can Be Held Liable for Construction Defects?
Construction projects typically involve multiple parties, and more than one party may be responsible when defects occur.
Potentially liable parties may include:
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Builders and general contractors
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Subcontractors who performed specific work
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Architects who designed the building
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Engineers responsible for structural calculations
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Developers overseeing the project
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Manufacturers of defective construction materials
Determining liability often requires careful investigation and expert analysis. Engineers, inspectors, and construction professionals may be needed to evaluate the defect and identify its cause.
An experienced construction defect lawyer can coordinate these investigations and help determine which parties should be held accountable.
Common Types of Construction Defects We Handle
Houston’s climate and soil conditions create unique construction challenges. The region’s expansive clay soils, high humidity, and frequent storms can magnify construction errors and lead to significant property damage if structures are not built correctly.
We represent clients in a broad range of defect-related disputes, including:
Residential Construction Defects
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Roof leaks and improper drainage systems
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Water intrusion around windows and doors
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Mold growth caused by moisture infiltration
- Renovation problems
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Structural framing problems
Commercial Construction Defects
- Defective building envelopes and roofing systems
- Concrete failures and foundation movement
- Fire and life-safety system malfunctions
- Mechanical and electrical system defects
- Improper site preparation and grading
- Premises dangerous conditions resulting from improper design or construction
- Multi-unit construction issues (apartment complexes, retail centers, warehouses, office buildings)
Whether the defect affects a home, small business, or a multi-million-dollar commercial development, the underlying issue is the same: someone cut corners, and now you’re paying the price.
Understanding the Texas RCLA Process (Chapter 27)
Before you can sue a builder in Texas, you must navigate a strict, multi-step process. Missing a single deadline can jeopardize your ability to recover damages.
1. The 60-Day Notice Letter
You must send a formal notice via Certified Mail, Return Receipt Requested at least 60 days before filing a lawsuit. This letter must describe the defects in “reasonable detail.”
2. The Right to Inspect
Once the builder receives your notice, they have 35 days to inspect the property. They may bring experts and engineers to verify your claims.
3. The Settlement Offer
The builder has 45 to 60 days (depending on the date of your contract) to provide a written offer to repair the defects or pay a monetary settlement.
4. The 25-Day Rejection Window
If the builder’s offer is “unreasonable,” you have 25 days to reject it in writing, detailing exactly why the proposed fix won’t work.
Critical Deadlines: Statute of Repose vs. Limitations
Texas law recently changed regarding how long you have to file a claim.
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Statute of Limitations (4 Years): Generally, you must file suit within 4 years of discovering the defect.
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Statute of Repose (6 or 10 Years): This is the “absolute” deadline. For many residential projects started after June 2023, the deadline was shortened from 10 years to 6 years if the builder provided a specific warranty. If you are approaching the 6-year mark on your home, you must act immediately.
What Damages Can You Recover in a Construction Defect Lawsuit?
Construction defects can result in significant financial losses. Property owners may be entitled to recover compensation for a range of damages depending on the circumstances of the case.
Possible damages may include:
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Costs to repair or replace defective construction
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Reduced property value caused by the defect
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Temporary relocation or housing expenses during repairs
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Lost rental income for investment properties
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Engineering or inspection costs
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Legal fees and litigation expenses
In cases where defects cause personal injury or major property damage, additional compensation may be available.
Note: Builders often offer “cosmetic” repairs to hide structural failures. Never sign a release of liability without having an attorney and an independent engineer review the offer.
Why Choose The Law Offices of Colby Lewis for Your Houston Claim?
- Inside Knowledge of Defense Tactics: Before founding this firm, Colby Lewis served as defense counsel for “titans of industry” and global insurance companies. He knows the exact “unscrupulous methods” and legal loopholes builders and insurers use to deny claims—and he knows how to dismantle them.
- AV Preeminent™ & Super Lawyer™ Rated: Colby has achieved the highest possible rating for legal ability and ethical standards (AV Preeminent) from Martindale-Hubbell. This peer-vetted recognition establishes immediate Authoritativeness with both search engines and potential clients.
- A Record of Results in Complex Litigation: From high-stakes trials against Enron to securing six-figure settlements for construction-related negligence, our firm has recovered over $200 million for clients. We have the financial resources and “tenacious” reputation to take on major developers and construction firms.
- Texas Bar College Member: As a member of the Texas Bar College—an honor held by fewer than 1 out of 14 Texas lawyers—Colby demonstrates a commitment to legal scholarship and staying at the forefront of evolving Texas construction and insurance laws.
- Aggressive Investigation with Industry Experts: We don’t just take your word for it; we prove it. We partner with top-tier engineers, foundation specialists, and HVAC experts to provide the precise evidence needed to force builders to “fix it or pay for it.”
- Trial-Ready Representation: Many firms look for a quick settlement and shy away from the courtroom. Colby Lewis is a seasoned Civil Trial Lawyer. Our reputation for being “relentless” in court often forces defendants to offer a fair settlement before a trial even begins.
- Client-First, Boutique Service: You aren’t just a case number. We provide “11/10” service (as noted by our clients), offering direct communication and a personal investment in protecting your most valuable asset—your home or commercial property.
What Should You Do if You Suspect a Construction Defect?
If you suspect a construction defect, taking the right steps early can help protect your legal rights and strengthen your potential claim.
1. Document the Damage
Take photos and videos of the defect and any related damage. Keep records of repair attempts, inspection reports, and communications with contractors.
2. Review Construction Contracts and Warranties
Your purchase agreement or construction contract may include warranties or dispute procedures that affect how claims must be handled.
3. Notify the Contractor
Under Texas law, homeowners often must provide written notice to the builder or contractor describing the defects before filing a lawsuit.
4. Allow Inspection
Builders typically have the right to inspect the alleged defect and may offer to repair the problem.
5. Consult a Construction Defect Lawyer
An attorney can help evaluate the defect, determine liability, and guide you through the legal process while protecting your rights.
Download Our Construction Defect E-Book
Easy-to-read answers to the questions that matter most. Our guide to handling Texas construction defects is written just for you.
Over $200,000,000 Recovered for Our Clients.
A Proven Track Record of Taking on Big Insurance and Powerful Construction Companies.
At The Law Offices of Colby Lewis, we don’t just settle for what is easy; we fight for what is fair. Our $200 million+ in total recoveries represents thousands of hours in the courtroom and at the negotiating table, ensuring that property owners, homeowners, and businesses are made whole after construction failures.
A Reputation Validated by Peers, Judges, and Clients
With over 20 years of experience and a perfect 10.0 “Superb” Avvo rating, our firm is recognized by the legal community for its expertise and by our clients for our dedication. We don’t just practice construction law; we set the benchmark for it in Houston.
We are honored to announce that the Law Office of Colby Lewis has been recognized by Best Law Firms® for 2026. This prestigious ranking highlights our dedication to providing top-tier legal representation in Houston, specifically in the area of Construction Law.
Colby Lewis has been selected to The Best Lawyers in America, a prestigious honor based entirely on peer review. This recognition reflects his strong reputation among fellow attorneys and his proven ability to handle complex construction defect cases with skill and integrity.
How a Construction Defect Attorney Can Help in Houston
Construction defect cases often involve complex technical issues and multiple responsible parties. A skilled attorney can help property owners navigate these challenges and pursue fair compensation.
A Houston construction defect lawyer may assist with:
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Investigating construction failures
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Hiring engineering and building experts
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Identifying responsible parties
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Negotiating with contractors or insurance companies
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Filing lawsuits when necessary
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Pursuing settlements or trial verdicts
Because construction disputes often involve detailed technical evidence, experienced legal representation can be critical to achieving a successful outcome.
Contact a Houston Construction Defect Attorney Today
Construction defects can lead to expensive repairs and long-term structural problems if they are not addressed properly. Property owners who suspect defective construction should consider seeking legal guidance to understand their rights and options.
Our Houston construction defect attorneys at The Law Offices of Colby Lewis can help investigate the issue, identify responsible parties, and pursue compensation for damages caused by negligent construction practices.
If you believe your property may have a construction defect, contact us today at 866-265-2948 or fill out our online form at the bottom of this page. We can help you take the next step toward resolving the problem and protecting your investment.
Meet Colby Lewis
With more than two decades of civil litigation and trial experience, Colby Lewis has earned a statewide reputation for providing strong, strategic representation. A graduate of the University of Houston Law Center, he has developed a deep specialization in complex legal matters, particularly regarding the Texas Residential Construction Liability Act (RCLA) and commercial construction disputes. His professional excellence is reflected in his numerous accolades, including being named a Super Lawyer, maintaining an Avvo “Superb” rating, and holding an AV Preeminent™ Peer Review Rating. Colby was also recently named as a Top 100 Houston Super Lawyer, a huge distinction and honor.
Throughout his career, Colby has remained an active member of the legal community through the State Bar of Texas and the Texas Bar College. He has dedicated his practice to protecting individuals and small business owners against massive corporate entities. By leveraging the insider knowledge he gained while previously working for industry titans, he now ensures that Houston property owners receive the full compensation necessary to repair their homes and businesses.
Frequently Asked Questions About Construction Defects in Texas
What qualifies as a construction defect?
A construction defect is any flaw in design, workmanship, materials, or systems that causes damage, safety hazards, or reduced property value.
Who can be held responsible for construction defects?
Depending on the defect and how it occurred, liability may fall on builders or general contractors, subcontractors, engineers or architects, developers, material suppliers, or warranty companies.
Learn more about who can be held responsible for construction defects here.
How do I know if I have a valid construction defect claim?
- The defect is tied to poor workmanship, design, or materials
- The builder refuses to repair or denies the problem
- Repairs fail or make the issue worse
- The defect causes property damage or safety concerns
- You’ve experienced financial losses or business interruption
An attorney can review your contracts, inspection reports, and evidence to determine next steps.
What should I do if the builder or contractor denies my repair request?
Can I still file a claim if the defect appeared years after construction was completed?
What damages can I recover in a construction defect case in Texas?
Depending on the facts, you may be able to recover:
- Cost of repair or full reconstruction
- Diminished value
- Temporary relocation or loss-of-use expenses
- Business interruption losses for commercial properties
- Attorney’s fees
- Penalties for knowing misconduct
Commercial cases often involve substantial financial damages tied to operational downtime.
Learn more about what damages you can recover in a Texas construction defect case here.
How long does a construction defect lawsuit take in Houston, TX?
Timelines can vary based on complexity of the defect, number of parties involved, engineering and expert testimony requirements, or court schedules and whether a settlement is possible.
Do I need an attorney for a construction defect claim?
What if the builder tried to fix the issue but the problem keeps coming back?
- The defect was never properly diagnosed
- The contractor used temporary or superficial fixes
- A systemic issue exists
You should stop allowing further unsuccessful repairs and consult an attorney to prevent further damage.
Are commercial construction defect claims handled differently in Texas?
Yes. Commercial claims often involve:
- Large-scale structural systems
- Safety-critical components
- Code compliance issues
- Business interruption losses
- Multiple contractors, architects, and engineers
These cases require sophisticated litigation strategies and expert analysis. Our firm routinely handles complex commercial disputes across Texas.
Top-Rated Houston Construction Defect Lawyer on Google
Construction Defect Resources – The Law Offices of Colby Lewis
Get expert legal guidance on construction defect claims with The Law Offices of Colby Lewis. Access resources to help property owners understand, document, and resolve construction defects, builder disputes, and warranty issues efficiently.
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