Houston Construction Defects: Understanding Your Rights Under the RCLA

Houston’s construction market is one of the most active in the nation. Thousands of new homes, renovations, and commercial buildouts are completed every year across Harris County and the surrounding areas. Unfortunately, the pace of construction sometimes comes at the expense of quality. Construction defects — ranging from foundation failures to water intrusion to code violations — can cost property owners tens or even hundreds of thousands of dollars in remediation costs.

If you discover construction defects in your Houston property, it is critical to understand the legal framework that governs your rights before taking action. The Texas Residential Construction Liability Act (RCLA), codified at Chapter 27 of the Texas Property Code, establishes specific pre-suit procedures that homeowners must follow before filing a lawsuit against a contractor or builder. Failure to comply with these requirements can significantly limit the damages you are able to recover.

Under the RCLA, a homeowner must provide written notice to the contractor at least 60 days before filing suit. This notice must describe the alleged construction defects in reasonable detail — vague or conclusory descriptions may be found insufficient. After receiving notice, the contractor has 35 days to request an inspection of the property, and then 45 days from the date of the inspection (or from the date notice was received, if no inspection is requested) to make a written settlement offer.

If the contractor makes a reasonable offer and the homeowner rejects it, the homeowner’s recoverable damages may be limited to the amount of the offer plus attorney’s fees and costs incurred before the offer was made. This makes the pre-suit notice period strategically important — it is not merely a procedural formality but a substantive phase of the dispute that can affect the ultimate outcome.

Common construction defects we see in Houston properties include: foundation movement and cracking caused by inadequate soil preparation or improper pier installation; water intrusion through roofs, windows, and exterior cladding; plumbing failures including polybutylene pipe degradation and improper drainage slope; electrical code violations and fire hazards; structural framing deficiencies including undersized members and improper connections; and HVAC system failures due to improper sizing or installation.

Texas courts have recognized that the RCLA does not eliminate a homeowner’s right to pursue claims — it simply establishes procedural prerequisites. Additionally, claims based on fraud, DTPA violations, or breach of express warranty may provide additional avenues of recovery beyond the RCLA framework. An experienced construction litigation attorney can help you navigate these overlapping legal theories to maximize your recovery.

If you are dealing with construction defects in your Houston home or commercial property, contact Nixon Law PLLC for a consultation. We understand both the technical aspects of construction disputes and the legal requirements of the RCLA, and we can help you navigate the process from pre-suit notice through trial if necessary.

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.