Defective construction work can cause serious frustration, safety concerns, and financial losses. Whether you’re dealing with faulty plumbing, structural issues, or shoddy craftsmanship, Texas law offers protections to homeowners – but timing and process are key.
1. Understand What Qualifies as Defective Work
Defects may include poor workmanship, use of substandard materials, code violations, or failure to meet project specifications. These can be cosmetic or structural and may not be obvious until after the project is completed.
Builders may offer express warranties that expand or clarify these protections, so always review your contract.
2. Provide Proper Notice Under RCLA
Before filing suit, Texas homeowners must send written notice under the RCLA at least 60 days before initiating legal action. This notice must describe the defects in reasonable detail and give the contractor an opportunity to inspect and offer to repair or settle the claim.
3. Let the Contractor Respond
Once notice is sent, the contractor has 35 days to inspect the work and 45 days to make a written settlement offer. If they don’t respond, or the offer is unreasonable, you can proceed to court.
4. Explore Legal Remedies
If the contractor refuses to fix the issues or their offer doesn’t fully address the damage, you may be entitled to:
- Repair or replacement of defective work
- Cost of repairs completed by a third party
- Diminished property value
- Attorney’s fees in some cases
If you’re facing construction defects on your property, seeking early legal advice and weighing the various options can save you time, money, and stress in the long run.
