What happens when construction work is defective?

| Jul 7, 2021 | Construction Litigation

Texas property owners have a legal right to sue for construction defects. Given the speed with which homes are going up across the country right now, builders may tend to cut corners, so they can move onto their next project and make money. Now research is pinpointing some causes of construction defects in an exhaustive study.

Construction defects are becoming more common

Construction defects happen far more often than you may think. For single-family homes, the rate of defects is about 1 in every 16 residences. Defects can include issues with weatherproofing and the wood structure. They can also include mechanical and plumbing issues. These can be expensive to fix once they are discovered, and homeowners often do not learn about them until something breaks years later. Then they must shoulder the expense and inconvenience of taking care of the repair.

Patent and latent defects

There are two types of construction defects, and the rules are different for each kind. Patent defects are obvious even to the naked eye. The buyer should know about these before he or she takes possession, and he or she cannot sue for these in the future. Latent defects are not apparent when the transaction closes, and the buyer only learns about them later. These are the defects that are subject to a lawsuit. Homebuilders can be legally responsible when they are negligent, and the buyer suffers damages.

Construction defect lawsuits are not always simple. Instead, they are very technical, and they often focus on things like engineering and building codes. You need an experienced construction litigation attorney to work on your behalf. Your lawyer could try to negotiate a solution with the other side, filing a lawsuit on your behalf if no agreement can be reached.