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Texas Trial Lawyers

When can you sue a builder for construction defects?

On Behalf of | Nov 16, 2022 | Construction Defects

When you hire someone to complete a construction project, you will likely pay a significant amount of money for the builder’s services. If the final construction project ends up containing defects, you may want to pursue legal action against the builder. Texas law allows lawsuits against builders for construction defects in certain situations.

Builder negligence

If you plan to sue the builder for construction defects that you found in a completed building, you may be able to sue based on negligence. Demonstrating negligence requires you to prove the following:

  • The law required a particular duty upon the contractor.
  • The builder failed to fulfill that duty.
  • A defect occurred as a result of the failure of the builder to conform to the law.
  • The defect caused economic damages for you.

Breach of contract

You may also file a lawsuit for breach of contract if a builder’s actions have created a defect in your home. To claim breach of contract, you must demonstrate that the contractor did not follow some part of the contract that the two of you signed at the start of the project. Typically, a breach of contract may occur when a builder uses cheaper materials than agreed upon in order to save money. These cheaper materials may result in a construction defect. To demonstrate a breach of contract, carefully review the following materials:

  • The original contract
  • Photos provided by the contractor
  • Descriptions of the home
  • Plans and drawings for the project
  • Any emails or texts describing the work

Statute of limitations

If you are planning on pursuing legal action against a contractor because of a construction defect, you should keep in mind the time limits imposed by Texas state law. The statute of limitations can range from two to four years, depending upon the exact reason that you are pursuing a lawsuit.