Fall Contractor Disputes: When Summer Repairs Go Wrong
As summer transitions to fall, many Houston homeowners are discovering that contractor work performed to repair summer storm damage was substandard, incomplete, or performed without required permits. Roofs that still leak, windows that were improperly installed, or siding that was not properly sealed are common complaints. When a contractor has failed to perform work to code or has abandoned a project, you have legal remedies under Texas law.
The first step is to document the defective work thoroughly. Photograph or video all areas where work was performed, noting any visible defects, gaps, improper sealing, or incomplete work. Obtain written reports from licensed inspectors or other contractors describing the defects and estimating the cost to correct them. This documentation forms the foundation of any claim against the original contractor.
Under the Texas Property Code, homeowners have the right to pursue claims against contractors for breach of contract, negligence, or violations of the Texas Residential Construction Liability Act (RCLA). The RCLA establishes specific pre-suit procedures that must be followed before filing a lawsuit. If you believe the contractor’s work violates building codes or industry standards, you should provide written notice to the contractor describing the defects and requesting that they be corrected. The contractor then has an opportunity to inspect the property and make a settlement offer.
If the contractor fails to respond to your notice or refuses to correct the defects, you can pursue legal action. You may be entitled to recover the cost of correcting the defects, plus consequential damages (such as additional living expenses if you had to vacate the property), plus attorney’s fees and court costs. If the contractor’s conduct was particularly egregious or fraudulent, you may also have claims under the Texas Deceptive Trade Practices Act (DTPA), which can result in treble damages.
It is important to act promptly. The statute of limitations for breach of contract claims is generally four years, but evidence deteriorates and witnesses become unavailable as time passes. Additionally, if the contractor has filed a lien against your property for nonpayment, you may need to address that lien to avoid complications when selling or refinancing the property.
If you have discovered defective contractor work and the contractor refuses to correct it, contact Nixon Law PLLC immediately. We represent homeowners in construction defect disputes and will fight to recover the cost of correcting the work and any other damages you have suffered.
About the Author: Jonathon G. Nixon is the managing attorney of Nixon Law PLLC, a Houston-based litigation firm focused on property insurance disputes, construction defects, personal injury, and commercial litigation. Contact Nixon Law PLLC at (713) 482-1523 or jnixon@nixon-law.com.