There is nothing that comes close to the feeling you get walking into a newly built house. Everything is shiny and new, and you can still smell a hint of building materials. It only needs your finishing touches to make it a home.
Few things are as frustrating and upsetting as discovering that your house has defects. Will you be responsible for the repairs on your new house?
What is considered a construction defect?
A construction defect can lead to the failure of a structure and cause serious issues for the homeowner if it isn’t addressed. They can typically be classified into three categories of deficiency:
- Design: Problems such as inadequate support and structural instability can occur when a house is poorly designed.
- Materials: This type of defect involves using inferior or wrong materials that can’t withstand load demands or environmental conditions.
- Workmanship: Poor quality of workmanship can lead to numerous problems, from unstable foundations to faulty plumbing.
Construction defects can cause cracks in the foundation, leaky roofs, inadequate insulation and faulty wiring. Mold growth and structural damage pose significant health risks for homeowners.
A statute of repose sets a deadline for filing a lawsuit after the completion of a construction project. In Texas, homeowners have ten years to bring legal action against contractors for construction defects. However, that time is shortened to six years if the contractor supplies the homeowner with a warranty that covers a minimum period of:
- One year for workmanship and materials
- Two years for plumbing, electric and HVAC systems
- Six years for major structural components
After the statute of repose, the right to file a claim is typically barred. Therefore, if you have discovered defects in your new home, it’s crucial to document everything and act promptly. Working with someone who can help you with your lawsuit can help ensure your rights and interests are protected.