Construction Defects and the Law

How do I know if a construction defect exists?

It is difficult for anyone who is not an expert to detect construction defects. However, defects like window leaks, roof leaks, stained or cracked drywall, ponding (unwanted pooling of water), standing water in basements or crawl spaces, soil heave or settlement, cracked foundations, slabs or flatwork, inoperable windows or doors, cracked or settling asphalt, insufficient heating or air conditioning, and even electrical problems, can indicate much larger problems.

What should I do if I discover a defect?

If you find or suspect a construction defect, the best thing to do is to have a professional look at it. Make sure the investigations are comprehensive and performed by qualified individuals. This usually means an engineer or someone with professional experience in detecting construction defects. Often, a hasty investigation will overlook defects; so make sure the investigation is comprehensive and meticulous. Finally, always remember that your ability to make a claim is controlled by the statutes of limitations in Texas. Once those dates have passed, it will be too late to seek compensation for missed defects.

What is arbitration and is it mandatory?

Arbitration is another option for dispute resolution that involves a third-party arbitrator (either an individual or a panel) who decides the outcome of a case after presentation of evidence by both sides.  In most of these situations, the decision of the arbitrator is final, and carries the same weight as a judge or jury’s decision.  Additionally, barring certain errors, the arbitrator’s decision cannot be appealed.

Many builders will attempt to make homeowners and associations arbitrate construction defect claims based on provisions in documents created by the builder at, or even before the time of sale.  However, arbitration is not always a requirement.  Also, because arbitration takes away major rights of homeowners and associations to present their case to a jury, it should only be considered after consultation with a seasoned, proven construction defect attorney, such as those at Arguello Law Firm.

Call 1-888-252-4668 now and our highly successful construction defect attorneys will ensure that your rights are protected, and that you aren’t taken advantage of.