Suing Your Home Builder for Shoddy Workmanship?

Whether you are building a brand new home or undertaking major renovations, you put a lot of trust in the construction company.

Unfortunately, contractors can fail to live up to their end of the bargain. Poor workmanship and construction defects can cause serious problems and require expensive repairs.

As stressful and frustrating as dealing with a construction defect is for a homeowner, there are legal options available. Negligent construction companies are liable for property defects.

For legal advice in these situations, contact an experienced construction litigation lawyer.

How To Hold a Builder Liable for Poor Workmanship

There are various legal claims for taking action against a construction company for bad workmanship. You can file a breach of contract claim or a breach of warranty claim to recover actual damages.

However, many states also have specific construction defect laws that provide other forms of relief. Under these laws, home builders can be liable for damage caused by shoddy workmanship or construction defects. Consumer protection laws also provide important legal protections to homeowners and property owners.

Among other things, these laws give homeowners the right to sue for poor quality on a construction project. “Anytime a potential client calls me that has anything to do with residential construction, it’s the first thing I consider,” says Jacob D. Thomas, a construction litigation attorney at Saunders | Walsh in McKinney, Texas. 

“It’s the carrot and the stick. From the contractor’s perspective, it’s supposed to prevent people from running to the courthouse and filing a lawsuit. It gives the contractor an opportunity to inspect and make a settlement offer. For the homeowner, if the contractor is a stand-up guy and is going to follow the law, it gives them a basis on which to communicate. It benefits both parties.”

Protect Your Rights in Construction Litigation

Whether you are a plaintiff or defendant in a construction dispute, you can find a top construction litigator in the Super Lawyers directory to handle your case.

Find a lawyer today

Filing a Construction Defect Claim

There are various procedural requirements to initiate a defective construction claim. Before a homeowner can file a lawsuit against a contractor, they must give the construction contractor sufficient notice.

After receiving an official construction defect notice, the responsible contractor will have a limited period to inspect the homeowner’s property. And after completing their inspection, they can make a written settlement offer to the homeowner. A settlement could include an agreement to conduct repairs, financial compensation, or some combination of both. However, if they cannot agree, the homeowner will then have the right to file a lawsuit.

“I’m of the opinion that the state construction law is actually quite beneficial for the homeowner,” says Thomas. “It very clearly sets out what kind of efforts need to be taken in advance, what needs to be in the demand letter, and how it needs to be sent to the contractor. It creates a map to guide you through the initial process.”

Construction Defect Claims Are Subject To Strict Deadlines

One of the most challenging things about construction defect claims is navigating the filing deadlines. If you discovered a possible home construction defect, it is imperative that you take immediate action to protect your rights. The sooner you discuss your legal claim with a construction law attorney, the better off you will be.

All states have both a statute of limitations and a statute of repose. Under the statute of limitations, all construction defect claims must be filed within a certain period, or you will lose your claim. The statute of limitations generally runs from the date of injury or harm. The time limit can differ for personal injury claims and property damage.

In many cases, construction defects are not obvious to the naked eye. It is often years before a homeowner even has a chance to recognize the problem. A statute of repose is the ultimate time limit for filing a claim, even if you discover structural failures years later. The statute of repose generally runs from the date of substantial completion of the project.

State-by-State Time Limits For Filing a Construction Defect Claim

The statutes of limitations and repose vary by state. Below, you can find a table of the time limits for filing a construction defect case by state.

States may allow for extensions to file a claim when the defects are discovered years after the substantial completion. Talk to a construction litigation lawyer about the time limits to file your claim.

Find Legal Help for Construction Defect Claims

An experienced attorney can help you take legal action against construction professionals for poor-quality work. Your construction lawyer can negotiate with the construction company to recover compensation. Your attorney can file a construction defect lawsuit and recover other types of damages, including loss of property value.

Visit the Super Lawyers directory to find an experienced construction litigation lawyer near you.