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Are you liable for construction defects?

On Behalf of | Jun 20, 2023 | Construction Defects

The construction industry in Texas is subject to stringent rules and regulations. These laws are designed to protect the safety of those who work or live in these buildings. They are also designed to protect the investment of the people who fund their construction. Any flaws that are detected may result in litigation and serious penalties.

What are the most common defects?

There are many types of flaws in a building project that could be labeled as construction defects. Some of the most common include:

  • Flaws in the basic design
  • Defective or shoddy workmanship
  • Lack of proper maintenance
  • Basic wear and tear

Are the defects latent or patent?

Two main categories of construction defects are usually identified. Latent defects are the most obvious to the naked eye. They can include basic issues such as improperly sized windows or cracks in the foundation.

On the other hand, patent defects are harder to spot. These are issues that are usually not apparent to anyone but an expert. They can take months, or even years, to manifest.

How can you be held liable?

Anyone who has worked on a construction site can be sued if a client should file a suit. However, most cases are filed against developers, contractors, and subcontractors. Disputes of this kind can also arise between contractors and the architects, suppliers, and engineers they have hired.

Penalties can range from thousands to millions of dollars, depending on the severity of the defects. Additional penalties can apply if people are injured or killed because of these defects. You are also at risk of being held liable if these defects cause the property to be condemned.