Construction Defects Claims: Understanding Liability And Navigating Litigation

Houston and Dallas have been expanding fast, and construction projects range from individual households to massive offshore drills in the Gulf of Mexico. Every project however comes with risks and complications, which are often blamed on builders and contractors for faulty materials or workmanship.

In construction defect cases, the costs and consequences can take a long time to manifest and be quite considerable when they do. It is also hard to assess exactly who is responsible for the defects, but that is where construction defect lawyers and experts come into play.

We help clients identify fault, assess liability, investigate and gather evidence for litigation, and negotiate settlements in construction defect cases, as well as help contractors, architects, and builders, defend against unjust claims.

What Qualifies As A Construction Defect, And What Damages Can Parties Be Liable For?

In Texas law, regardless of whether you are in Houston, Dallas, or off in the oil fields or Gulf of Mexico, any time there is a flaw in the final construction, whether it is a house, office, or oil rig, it could be due to a construction defect.

As for who is responsible, it could be anyone involved from the design stage, up until the final construction, and even later installations or modifications, such as those done by plumbers, electricians, or contractors. Sometimes, however, it is the architect, product manufacturer, or even the homeowner who purchased and proposed the designs who is ultimately responsible.

These construction defects can have severe ramifications however, from economic damages to a business, to health and safety hazards in a home, all of which can be brought forward in a construction defect lawsuit.

Given the complexities surrounding fault and liability in construction defect lawsuits, it is always recommended to hire experienced and seasoned attorneys to represent your case, whether seeking claims or defending against such accusations.

What Is The Statue Of Limitations For Construction Defects In Texas

When assessing whether to press a claim for a construction defect, it is important to understand how long you have to successfully file the claim. Normally the statute of limitations, the length of time after which you can no longer file a lawsuit against the responsible parties, is four years after the construction.

In some cases, such as when the flaw can only be detected much later, or when a family moves into a new home and only then detects the defect, the time limit starts at the time the flaw is discovered, not the initial date of construction.

This process is not automatic however and can sometimes be a point of contention in your case. It is therefore vital that, as soon as you detect or notice a construction defect or the consequences that might be caused by one, you contact experienced construction attorneys to determine if you will be able to pursue the claim.

How Does A Construction Defect Lawsuit Usually Proceed?

If you and your construction defect lawyer can determine that there was a flaw, and identify the liable parties, you have yourself a case. Once it is filed and brought forward, your construction attorneys will work tirelessly to gather evidence and build the legal foundation of your case.

Usually, once sufficient evidence is brought forward of the guilty party’s negligence or error, they will choose to settle. This is the most likely outcome for most construction defect claims, though some do proceed with construction defect litigation all the way to court, this is rare.

On the flip side, if you have been accused of causing a construction defect, we, as your legal team, will work hard to minimize your exposure and rapidly resolve the case in your favor.

By hiring expert attorneys who have handled a broad range of construction defect cases from both sides of the courtroom, like us, you will improve your chances of a favorable outcome and get the long-term security and justice you deserve.