Discovering a defect in your home or commercial property is more than a financial burden; it’s a violation of trust. Whether it’s a cracked foundation, water intrusion, or structural instability, the question is always the same: How do I make this right?
At The Law Offices of Colby Lewis, we specialize in holding builders and contractors accountable. Under Texas law—specifically the Residential Construction Liability Act (RCLA)—recovering damages is a structured process. Here is a breakdown of what you may be entitled to recover.
The RCLA: The Gateway to Your Recovery
If you are a homeowner, your claim is likely governed by Chapter 27 of the Texas Property Code, also known as the RCLA. This law was designed to provide a framework for resolving disputes between homeowners and builders.
While the RCLA limits certain types of recovery, it provides a clear path for obtaining the funds necessary to fix your property.
1. The Reasonable Cost of Repairs
The most common damage recovered is the actual cost to fix the defect. This isn’t just a “patch job.” Texas law allows for the recovery of the “reasonable and necessary” costs required to bring the property up to the standard it should have met originally.
- Pro Tip: This often requires hiring independent engineering experts to determine the true scope of the damage.
2. Temporary Housing and Relocation Expenses
If the construction defects are so severe that your home is uninhabitable—or if the repair process itself requires you to move out—you can recover the costs of temporary housing. This includes:
- Hotel or rental home costs.
- Moving and storage fees.
- Additional living expenses incurred due to the displacement.
3. Reduction in Market Value
Sometimes, even after a repair is made, the property carries a “stigma” or simply isn’t worth what it would have been had the defect never occurred. In specific instances, you may be able to recover the difference between the current market value of the home and its value had it been built properly.
4. Consultant and Expert Fees
Proving a construction defect case requires more than just photos; it requires expert testimony. You can often recover the fees paid to:
- Structural engineers.
- Building inspectors.
- Remediation specialists.
5. Reasonable Attorney’s Fees and Court Costs
One of the most vital components of the RCLA is the ability to recover your legal fees. If the builder is found liable, the court may order them to pay for your representation, ensuring that your settlement isn’t entirely swallowed up by the cost of the lawsuit.
What About “Pain and Suffering”?
It is important to manage expectations regarding non-economic damages. In Texas, the RCLA generally does not allow for the recovery of mental anguish or “pain and suffering” resulting from a construction defect. The focus of the law is strictly economic—making your property whole again.
The Importance of the “Notice Letter”
Before you can recover a single cent in an RCLA case, you must follow a strict procedural hurdle: the Notice of Claim.
- You must provide the builder with written notice via certified mail at least 60 days before filing a lawsuit.
- The builder then has the right to inspect the property and make an offer of settlement or repair.
- Warning: If you fail to follow these steps correctly, you could jeopardize your right to recover damages entirely.
Why Choose The Law Offices of Colby Lewis?
Construction litigation is notoriously complex. Builders and their insurance companies have deep pockets and legal teams dedicated to minimizing your payout.
At The Law Offices of Colby Lewis, we bring the experience and aggressive advocacy needed to level the field. We understand the nuances of the Texas Property Code and we know how to present the technical evidence required to win.
Contact Us Today
Don’t let a builder’s mistake ruin your investment. If you suspect your property has a construction defect, timing is critical due to Texas statutes of repose and limitations.
Call our Houston construction defect attorney today for a consultation and let’s start the process of rebuilding what you’ve lost.
Disclaimer: This blog post is for informational purposes only and does not constitute legal advice. Every case is unique. For specific legal guidance regarding your construction defect claim, please consult with a licensed attorney.
