Steps to take before filing a construction defect claim

Posted by iLawyer on Oct 16th, 2018 Construction Litigation, Firm News

After hiring a contractor to make renovations to your home, you begin to find significant issues with the outcome of the project. Perhaps the contractor did not accurately install piping, so your ceiling now leaks. Perhaps the contractor failed to comply with safely regulations, and your home lacks sound structure. Maybe the contractor failed to even complete elements listed on your original contract.

In Texas, homeowners have the ability to engage in a construction dispute with contractors that have failed to uphold their contractual agreements. Contractors can offer ways to avoid court litigation through remedying a potential mistake, but you have the authority to reject a contractor’s offer. To receive compensation, you must have proof of a breached contract, so it may prove wise to hire an experienced construction litigation attorney, so that you can receive maximum reimbursement for your faulty renovation.



Identifying your construction defect

According to Texas law, your contractor must perform required duties that:

  1. Align with your project plans
  2. Meet all standards of safety and codes
  3. Align with industry norms and practices

When you feel that a contractor has not upheld these responsibilities, or the contractor did not accurately complete a project to the agreed-upon specifications in your contract, you may have the opportunity to bring a claim.

Giving your contractor an opportunity to settle

Before filing, however, you must give the contractor the ability to remedy the renovation issue. Construction litigation can prove costly, so resolving a contractual problem outside of court may offer benefits. By law:

  1. You must notify the contractor. You must give details of the defects and their associated damages. Perhaps the contractor missed a step in installing electrical wiring, so you no longer have power in a portion of your home.
  2. The contractor may inspect. After explaining your discontent with the project to the contractor, he or she may inspect the issue. They may attempt to determine that they followed procedure and try to ensure your claim will not uphold in court.
  3. The contractor may attempt to settle. If the contractor determines that he or she owes you a settlement, they may offer to repair the damage at no cost, re-complete the renovation or even offer reimbursement for lost time.
  4. You may accept or reject the offered settlement.

Should you reject your contractor’s offer, you can legally file a construction defect claim through Texas court. During the claim process, your experienced attorney will help prove that your contractor had a duty to abide by your contract, the contractor failed to do so, and you suffered monetary damages.

When dealing with the burden of proof, you want to ensure you have the best court representation from a construction litigation attorney, so you can receive maximum compensation for your lost time and money due to your inadequate renovation.