When can you sue for a construction defect in Texas?

Posted by iLawyer on Nov 23rd, 2020 Construction Litigation, Firm News

When you invest in a new home, you expect solid construction that will last you and your family for generations. Unfortunately, sometimes defects can affect your enjoyment of the property and raise questions about durability and quality. 

These are the circumstances in which you can sue for a construction defect in Texas as well as the possible legal remedies for this situation. 

Breach of contract

With this type of claim, you must prove that the builder delivered something other than what they promised in your contract. Review your new home paperwork carefully to determine whether your contract addresses your specific issue. In Texas, you have four years from the contract execution date to file a legal claim for breach of contract. However, if you do not discover the defect until you have lived in the home for several years, you may be able to proceed with the four-year statute starting when you uncover the issue. 

Builder negligence

In some cases, construction defects are less obvious. For example, you might have concerns about low-quality materials, but do not see the exact details about materials reflected in your contract. In this case, you may need a construction expert to testify about whether your home fails to meet the expected quality for new construction. You must show that the builder did not live up to this standard, directly resulting in economic damages. 

The Texas statute of limitations for a negligence lawsuit is just two years, so you must act quickly if you have concerns about the quality of your new home. Your case may also be subject to the statute of repose, which imposes a six-year limit for filing suit even if you do not discover the defect right away.