Construction Defect Claims

Construction Defect Claims

Construction projects require massive logistical management in order to build a successful commercial building. Between engineers, laborers, parts, and equipment, there are an overwhelming number of moving parts on any construction site. Unfortunately, with all these independent pieces in motion, mistakes, oversights and accidents can and do happen.  These unhappy occurrences open the door for construction litigation and construction defect claims.

Defect Claims

A construction defect is an error in the original construction that causes a decrease in value, in any capacity. This ranges anywhere from a minor issue with one part of the construction, all the way to defects that undermine the structural integrity of a building.

If a court determines damage to be the result of a construction defect, the original builder or contractor of a building is liable for charges and expenses. The severity of these charges depends, again, on the severity of the problems, but nonetheless represents a major problem for construction firms.

Defect Laws

Different states have different processes for handling a defect claim – and the complex nature of these cases makes them particularly difficult to understand for all except experts. The legal theory involved also depends on the charge being leveled – whether that be breach of contract, fraud, or defects due to error. A party seeking litigation can also pursue breach of warranty for the damages.

Texas Construction Laws

It is important to note that the specific type of charge determines who must defend – such as contractors, architects, or designers – and when charges must be filed.  Texas state law includes a ‘right to cure’ where a claimant is required to contact the construction firm before filing charges, as well as give them the opportunity to fix or reimburse repair costs.

The statute of limitations on a construction defect claim in Texas is four years. This means that you have four years to take action once you find out about the construction defect.  However, the statute of repose allows plaintiffs to, in some cases, still sue for a defect that is not discovered until many years after the completion of construction.  Construction related tort cases have a two-year statute of limitations.

Dallas Commercial Real Estate Attorneys

Bennett, Weston, LaJone, Turner P.C. is a law firm experienced with construction litigation and commercial real estate matters of all types. With over 20 years of practice under our belts, we can represent and advise both plaintiffs and defendants on construction defect matters.

2021-04-27T13:27:21-05:00July 19th, 2018|Business Law, Business Formation, Business Planning|
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