Along with contract errors or omissions and nonpayment, construction defects are among the most common and costly sources of disputes in the construction industry. Few contractors have avoided the hassle and headache of dealing with a construction defect claim throughout their career. For this reason, it’s important for your company to be prepared in the event that it’s notified of a claim.
At Cotney Law, we are highly experienced in defending clients accused of causing a construction defect on residential, commercial, and government projects. When you get in contact with a Dallas construction defect attorney, he or she will review the specifics of the claim to determine your responsibility, if any, and get to work building an effective defense.
How a Dallas Construction Defect Lawyer Can Protect Your Company From Baseless Defect Claims
At Cotney Law, our team of attorneys is highly-experienced and adept at handling construction defect claims. From reviewing your contract to defending against legal action, a Dallas construction defect lawyer will be by your side throughout every step of the process. This is crucial because there are strict deadlines and notice requirements that, if not followed, can easily result in your company being held liable for a construction defect. Although the construction defect claim is brought forth by the owner, it also may have arisen due to their negligence rather than your work. If that’s the case, we’ll know exactly what to look out for when reviewing the evidence and defending your case in a court of law.
Right to Cure
Fortunately, Texas is a “Right to Cure” state, meaning that contractors and subcontractors are entitled to the right to repair the alleged construction defect. This is incredibly beneficial as, even if the flaw cannot be entirely resolved, it presents the opportunity for you to avoid a legal battle, mitigate the problem, and get your project back on track. Under Texas Law, the property owner must notify the contractor, subcontractor, or other responsible party of the defect 60 days prior to initiating legal action to recover damages. Once they have received this notice, the construction professional then has 45 days to provide a written offer of settlement, make repairs, or provide a combination of the two. These strict requirements and notice deadlines can be incredibly short, which is why we always recommend partnering with a Dallas construction defect attorney to ensure that you comply with Texas law and also determine if an owner has failed to comply with these requirements.
Craft a Strong Defense
Although legal costs can be avoided with rights like the opportunity to cure, right to cure may not always be an option nor may you feel like you should be held responsible for the construction defect in question. In these circumstances, our attorneys can craft a strong defense based on a number of factors, including whether other parties contributed to the defense, whether the owner failed to pay you for work prior to the defect, and whether repairs were made prior to your inspection. No matter whether the best possible outcome will involve repairing the defect or rejecting the claim, our attorneys will always strive to recommend what’s in the best interest of you and your company.
If you would like to speak with a Dallas construction defect lawyer, please contact us today.
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.