The construction of all buildings and structures requires the contribution of highly qualified, certified individuals who specialize in their trade. This is for good reason. When construction defects exist, they are a hazard to the entire community as they can result in not only structural failure and damage to property but also the injury or even death of people. Here’s what to know about construction defects and what you can do if you discover one.
Industry Standards
Anyone who is involved in the construction of a structure is held to a specific legal standard of care of the entire construction industry. This means that whether you are an architect, electrician, plumber, contractor, or the like, you must adhere to specific safety measures and guidelines as required by the construction industry. If any of these parties fail to adhere to industry standards of care and it results in any physical or financial injury, these parties can be held liable.
Types of construction defects include:
- Design deficiencies – building outside of relevant building codes
- Material deficiencies – using inferior or improper materials
- Construction deficiencies – poor quality workmanship
- Subsurface deficiencies – issues with the foundation under the structure
Filing a Breach of Contract Claim
When someone brings a breach of contract claim before a Texas court, they must be able to prove that the product delivered was not the product that was contractually guaranteed. In Texas you must file a breach of contract claim for construction defects within four years of discovering the defect.
Under the Texas statute of repose, someone has 10 years from the substantial completion of the project to file a suit against the contractor for a construction defect.
Unfortunately, construction defects are not always apparent and may go for years without revealing themselves. However, even if the defect is not discovered for 11 years, the statute of repose would prohibit the property owner from bringing a claim since the 10 years are already up.
Regardless if great care was taken in constructing a structure, construction defects can still occur. Since they can also take a long time to discover it only complicates matters. That’s why it’s in your best interest to consult with a knowledgeable and experienced Texas construction liability attorney.
The Attorneys at Rochelle McCullough Help Those Who Have Suffered a Construction Defect
The lawyers at Rochelle McCullough help those who have suffered a construction defect to hold the individuals responsible liable. If you believe that your building was improperly constructed and contains a construction defect, we may be able to help. You may be entitled to compensation for any issues with the building, property damage, and physical harm. Since it can already take such a long time to discover construction defects in the first place, it’s imperative that you contact a construction liability as quickly as possible to gather evidence and to protect your rights.