As a homeowner, you know how much time and money is invested in building a home. When your dream home becomes a nightmare because of construction defects, however, it can take considerably more resources than you anticipated to fix them. Construction defects threaten the integrity of your home and the safety of your family and should always be taken seriously. Prompt action will keep the problems from worsening. That’s where Colby Lewis and his experienced legal team come in – when your home is at stake, you can trust the Law Offices of Colby Lewis to offer you the guidance you need to make the right decision for your family.
Here, we’ve created an overview of construction defects and give you insider information on what to do if construction defects happen. These tips come in handy whether you are building your home, considering buying a previously-owned home, or if you just want to keep an eye on your existing home for signs of problems: whatever your situation, this guide has you covered.
Research the Home’s Builder
One of the fastest and most dependable ways to research a builder’s reputation and past work is online. A quick Google search of the home’s builder should reveal past customer reviews. These reviews can be a giant red flag that alert you to the builder’s lack of quality control in the past.
In addition to having positive reviews online, the builder should stand behind their construction by offering a craftsmanship warranty. Some builders even offer a mechanical and systems warranty and a structural warranty as well. Builders who don’t offer any guarantee of their work should be avoided.
Finally, you can find an area where the builder operates heavily and ask the homeowners there if they are satisfied with their home. Listen carefully and take notes of both the good and the bad. If the homeowner has issues with the quality put into their home, this information can offer valuable insight into whether you should choose that builder or another.
Test the Soil
Another aspect of the home’s building that can greatly influence the home’s construction and future quality is the soil it was built on. There are ways for you to test the soil for yourself or you can hire a soil expert. An expert will be able to determine the depth to groundwater, characteristics of settling and what would be needed to bring the site up to standards.
Look for Signs of Quality Construction
A simple one-over of the home can tell you a lot about quality construction, if you know what to look for. Signs of quality construction include:
- Straight and sturdy walls
- Properly installed doors and windows
- Even floors
- Solid roof
- Use of high-quality materials, including bathroom fittings, toilet and sink
If you see cracks, leaks, unevenness or another one of these telltale signs, you should question the quality of the builder’s workmanship.
Get Help From an Expert
As another precaution, consider hiring an expert to help you assess the quality of the home’s construction. A third-party home inspector can help you spot issues with the plumbing, electrical and indoor air quality. They can also inspect often overlooked areas like basements and attics.
Protections for Owners
Texas law, contract law and tort law all recognize that quality construction is vital and, in doing so, have created protections for homeowners from substandard work.
Texas Residential Construction Liability Act
Codified in the Texas Property Code, the Texas Residential Construction Liability Act (RCLA) describes the process to file construction defect lawsuits. Due to the 10-year statute of repose, a homeowner must file a claim during the first 10 years after substantial completion of the project. Damages under the RCLA include:
- The reasonable cost of repairs necessary to cure any construction defect
- The reasonable and necessary cost for the replacement or repair of any damaged goods in the residence
- Reasonable and necessary engineering and consulting fees
- The reasonable expenses of temporary housing reasonably necessary during the repair period
- The reduction in current market value, if any, after the construction defect is repaired and if it is a structural failure
- Reasonable and necessary attorney’s fees
The RCLA protects owners while holding builder’s accountable for poor workmanship. But there are also remedies that may be available to you under contract and/or tort law.
Contract Law and Tort Law
The circumstances of your case may warrant a breach of contract or breach of warranty claim. In these cases, you have four years from the date of completion of the construction to file a claim. A negligence claim, however, may only afford you a two-year window to file a claim. Also, the two year statute countdown may begin when the defect is first discovered and not when the construction is complete.
To find out which legal action is best in your case, call the experienced construction defect lawyers at the Law Offices of Colby Lewis for a comprehensive case analysis.
When Construction Defects Happen
If you or your business have suffered harm because of a construction defect, you need an experienced construction defects attorney by your side. At the Law Offices of Colby Lewis, we are adept at fighting builders who practice shoddy workmanship in any area, including:
- Foundation problems
- Improperly installed or maintained HVAC systems
- Electrical system problems
- Plumbing issues
- Renovations
- Residential and commercial construction
- Other construction claims
We work hard to enforce builder contracts and settle breaches to ensure that your home is just as perfect as you always dreamed. Colby Lewis is the knowledgeable and experienced construction defect lawyer you need to represent your claim. We help our clients recover compensation for the harm poor construction causes. Your compensation may include:
- Property damage
- Pain and suffering
- Lost wages
- Medical costs
- Future loss of income
- Other damages
The type of compensation you may be eligible for depends on the unique circumstances of your case.
While you may have 10 years to take legal action under the RCLA, the individual aspects of your case may limit you to a two or four year window. Act quickly so you don’t miss your chance to possibly recover compensation for defective construction. For a full case evaluation, contact Colby Lewis at the Law Offices of Colby Lewis today.