Few things feel worse to a construction professional than being given notice of a construction defect. If this has happened to you, it is critical to immediately seek the counsel of a Houston construction defect lawyer.
A construction defect is a flaw in the materials used or a deficiency in the construction itself. Construction defect claims tend to be intense and highly involved cases, which means it’s especially important that your attorney knows the ins and outs of the industry.
How Houston Construction Defect Lawyers Help You
If you have been given a notice of construction defect, there is no time to lose. It is of utmost importance to seek the counsel of an attorney who specializes in construction defects.
Some of the most common construction defect notices involve one of the following:
- Building envelope defects
- Cracked foundation
- Drywall issues
- Faulty roofing
- Faulty window/door seals
- Mold intrusion
- Poor waterproofing
- Soil subsidence
- Structural problems
From the problems above to less common issues, the Cotney team is well-versed in construction defect law.
Statute of Limitations
Texas has a two-year statute of limitations on construction defect claims. The two years typically begin at the time the proprietor takes ownership of the property, when the contract is closed, or when the certificate of occupancy is published.
The statute of limitations sets boundaries for the amount of time a proprietor has between discovering the defect (or the time they should have logically discovered it) and taking a construction defect claim to court.
Statute of Repose
The statute of repose can be thought of as a hard limit regarding any kind of lawsuit regarding the property. Ten years from the date of ownership, certificate of residency, or date of closing the contract, the proprietor cannot take anything to court regardless of the conditions.
A Construction Professional’s Right to Cure
The right to cure is essentially your right to make things right. It was originally instituted to limit the growing amount of construction defect lawsuits and give the construction professional an opportunity to remedy the problem at hand.
Under Tex. Prop. Code. Ann. §§ 27.001 – .007, a claimant is required to provide a contractor with 60 days notice of a defect suit. If the contractor asks for it, the claimant must supply reports, photos, videos, or other relevant documentation of the necessary repairs. In an ideal scenario, the two parties can reach a mutually beneficial plan of action involving the requested repairs, a settlement, or combination of the two. When the case stays out of court, both parties typically benefit in the end.
If you would like to speak with one of our Houston construction defect lawyers, please submit our contact request form.
Disclaimer: The information contained in this article is for general educational information only. This information does not constitute legal advice, is not intended to constitute legal advice, nor should it be relied upon as legal advice for your specific factual pattern or situation.