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What’s a construction defect?

On Behalf of | Jun 9, 2017 | Real Estate Transactions

No one is perfect, and contractors and construction workers are no different. As such, it’s not uncommon for mistakes to happen during the construction of a new building or home. Unfortunately, these construction defects do not usually become apparent until after the owners of the property have moved in and started to use it. Every year, countless homeowners discover that their new residences have construction defects that end up costing them a lot of money to correct. Who’s liable to pay for these repairs?

Fortunately, most construction defects can be repaired. In rare cases, though, an entire home may need to be demolished and the home has to be rebuilt from scratch. Regardless how severe the correction of the defect is, someone will have to pay for the associated costs of the repair. In many cases, the construction company or contractor in charge of the project will be liable for these expenses.

Texas homeowners seeking construction defect claims in court need to be aware that statutes of limitation apply to all construction defect claims. In other words, homeowners will only have a limited period within which to file their claim for financial compensation. As such, it’s important to pursue a construction defect claim as soon as possible once the defect has been revealed.

Construction defect claims can be complicated because they can involve multiple defendants due to the nature of the construction business. For example, different companies involved in the building of the home might try to claim that they are not liable, but the other company is financially responsible. For this reason, construction defect litigation requires an experienced Texas real estate and construction attorney who knows how to navigate these issues in court.

Source: FindLaw, “Construction defect basics,” accessed June 09, 2017