In Texas, claims over construction defects can be challenging for contractors and property owners. There are frequent disputes as to the scope of the defect and how to resolve it. These cases are costly and preparation is essential.
Accurate analysis of construction defect claims is key
Construction defects can affect any part of a structure. It can stem from missteps when it was built and installed or be related to the materials used. It is imperative to know how to locate the source of the issue and determine a path forward.
A comprehensive inspection of the apparent defect is the first step. Next, tests should be performed to gauge its severity and how to rectify it. Damage must be quantified. Once there is a defect claim, there needs to be a repair estimate based on how much needs to be done and the current prices for materials.
The root cause of the defect is also crucial. As part of an investigation, the entire case should be gauged from the items used to how it was installed and if the property owner played a role in the damage. This connects directly with the cost as the contractor and property owner need to find common ground in how to fix it. When they cannot agree on how to handle construction defects, it could be necessary to have court intervention.
Be prepared for negotiation or litigation over construction defects
Whether the alleged defect needs to be settled with repair, replacement and if surrounding parts have been impacted are all fundamental factors in settling the problem efficiently and effectively. In some cases, the sides can come to a negotiated settlement. In others, they need to go to court. Regardless, it is wise to be fully prepared from the outset.
