Liability for Construction Defects in Texas

Commercial and residential construction projects can represent a major investment. Consulting with a Katy or Sugar Land real estate law firm before embarking on these projects can protect you against some of the most common pitfalls of new construction. Determining how long you have to take legal action against contractors after the completion of your building project can be a challenging undertaking. Here are some of the most important facts and factors regarding the long-term responsibilities of contractors in our area.

Contractual Obligations

In some cases, the duration of liability by your contractors may be spelled out in your real estate contract. Your general contractor or subcontractors may offer a warranty for work performed on your behalf. Even if a warranty is not included in your contract, however, you may still have legal recourse if you are dissatisfied with the work performed on your project. The time limits for these actions may vary depending on the reason for your complaint.

The Implied Warranty of Good Workmanship

Residential construction projects are subject to implied warranties of satisfactory workmanship and habitability. Property owners are required to give notice and to provide the contractor with the opportunity to remedy the problem before filing a legal action against them in a court of law. In general, enlisting the help of an experienced Sugar Land or Katy real estate law firm is essential to make sure that all aspects of this process are handled appropriately and according to the letter of the law.

The Statute of Repose in Texas

The Statute of Repose requires that plaintiffs in construction defect cases must file their complaints within 10 years of the date on which the renovation or construction was substantially completed. This allows sufficient time for homeowners and property owners to identify issues with their building projects and to allow for proper remediation of these problems by the original contractors.

Fraud and Negligence

In some cases, issues with a construction project could be the result of fraud or general negligence on the part of the contractors involved. Working with a qualified Sugar Land law firm is a good first step toward resolving these issues and achieving the desired result in or out of court.

Henry A. Jakob, PLLC can provide the expert Katy estate planning and real estate law services you need to resolve construction issues promptly and in your favor. Our attorneys specialize in all aspects of civil litigation and real estate law. By entrusting your construction contracts to us, you can avoid serious problems that could cut into your profitability or reduce your enjoyment of your new home or business. Call us today at 832-879-2244 to schedule a consultation with us. We look forward to the opportunity to serve you.

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