Foundation problems
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Foundation Problems
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Foundation Problems
If you’ve ever purchased a home or business, you know what a substantial investment it is. When foundation problems occur, it can be a nightmare trying to both get the damage repaired and holding the responsible party accountable. At the Law Offices of Colby Lewis, we see clients with foundation problems every day. With our guidance, they are able to get needed repairs to their property fast, minimizing additional damages like loss of revenue. If you believe that your foundation problems should be covered by insurance or are the fault of another party, you have options: contact the foundation problems lawyers at the Law Offices of Colby Lewis for a full case evaluation.
- Foundation problems are significant barriers to having a safe home or business. To give you a better understanding of foundation problems in Texas, follow along as give you an overview.
Natural Causes
Because many buildings are built on Texas’ clay soil, foundations can suffer damage naturally as the moisture in the soil fluctuates. This causes the soil to expand and contract, causing your foundation to crack, crumble or otherwise become damaged. Settling can result in damage to other parts of the structure as well, such as to the floors and ceilings.
Mistakes and Oversights
The most common reason that serious foundation issues occur is because of mistakes or oversights made during the building process. Proper soil testing and preparation of the soil is crucial to preventing foundation problems. In some instances, a builder will grade the soil instead of preparing the soil before pouring the concrete. Other times, a builder may fail to remove water and high-moisture soil from the site before pouring the concrete. In any of these cases, your builder may be liable to structural damage to your home or business.
Duties of a Home or Business Builder
In general, contracts between owners and contractors or contractors and subcontractors have several requirements including:
- That the building be constructed in accordance with project plans and specifications
- Meeting all applicable building codes and standards
- Being in compliance with accepted standards of the industry and good construction practices
When construction fails to meet these requirements, it may give rise to litigation where the owner seeks to bring a legal action against the responsible party or parties.
Types of Construction Defects
Construction defects can come in many forms, including:
- Defective design or faulty engineering
- Inadequate plans or specifications
- Use of unapproved or defective materials, including defective concrete
- Violation of building, electrical or safety codes
- Environmental violations
- Grading and soil problems, water damage, draining and flooding
- Roof collapse, structural and foundation problems
- Nonconforming construction materials
The type of construction defects affect the type and amount of remedy you may be eligible for. To get a full case evaluation, contact the knowledgeable breach of contract team at the Law Offices of Colby Lewis.
Construction Defect Causes of Actions
- Breach of contract
- Breach of express warranty
- Breach of implied warranty of merchantability
- Breach of implied warranty of fitness for a particular purpose
- Negligence and negligent misrepresentation
- Fraud and fraud inducement
- Indemnity and contribution
- Unjust enrichment (quantum meruit)
- Insurance coverage disputes
- Construction liens or mechanic’s liens
How to Fix Foundation Problems
The correct course of action when addressing foundation problems rests on the type and severity of the damage. A structural engineer may recommend:
- Supporting the foundation with steel braces
- Concrete piering
- Helical piering
- Spot piers
- Polyurethane foam jacking
- Mud jacking
- Masonry patches and sealants
- Replacing the entire foundation
Foundation Problems and Insurance Coverage
Generally speaking, your home owners insurance policy does not cover natural foundation settlement, shrinkage, bulging, or expansion. These events are considered natural occurrences of foundation problems that are outside the control of the builder. As such, the homeowner will be responsible for naturally occurring foundation problems.
Further, in cases where the foundation has been improperly built, insurance won’t cover these damages. To recover for faulty construction foundation problems, contact an experienced foundation problems lawyer who can help you recover for the damage done to your home.
However, in some cases your insurance will cover problems with your foundation, including when the damage is related to:
- Lightning
- Fire
- Volcanic eruption
- Windstorms
- Falling objects
- Explosions
- Riots
- Vehicular damage
- Collapse from snow, ice or sleet
- Water damage from HVAC or overflow
To best understand whether your foundation problems are covered by your insurance policy and to begin a plan of action to recover for your damage, the Law Offices of Colby Lewis are here to help you repair your home or business.
Statute of Limitations for Construction Defects
You may not realize that by law you only have a certain amount of time to bring a claim for foundation problems. Known as the statute of limitations, Texas law limits claimants from filing outside of the following timeframes:
- Contract actions: 4 years from the date of the incident giving rise to the action
- Tort actions (negligence and negligent misrepresentation): 2 years
- Tort actions (breach of fiduciary duty and fraud): 4 years
- Insurance claims: 2 years
Because claims brought outside of the statute of limitations are invalid, it’s important to have a lawyer assess your case and file an action within the time window.
Texas breach of contract lawyer Colby Lewis is here to help with foundation problems claims
When you discover problems with your foundation, it may be hard to know where to turn for help. For years, the Law Offices of Colby Lewis have fought relentlessly to help owners get back on their feet after damage to their home or business. We protect your rights and aren’t afraid of going after big insurance companies to make sure you are paid what you are owed. To get started on your case for foundation problems, reach out to the experienced team at the Law Offices of Colby Lewis today.
