How to Handle Construction Defects in Texas: A Homeowner’s Guide

If you have recently built a new home or completed a major renovation in Texas, discovering a construction defect can be incredibly frustrating. A home is often the most significant investment you will ever make, and structural or workmanship issues can threaten both its value and your family’s safety. Fortunately, Texas law provides specific mechanisms for homeowners to seek recourse against builders and contractors who fail to deliver quality work.

At Nixon Law PLLC, we understand the complexities of construction defect claims in Texas. This guide will walk you through the basics of the Texas Residential Construction Liability Act (RCLA), the steps you must take to protect your rights, and the timelines you need to be aware of.

Understanding the Texas Residential Construction Liability Act (RCLA)

In Texas, the primary statute governing disputes between property owners and contractors over construction defects is the Residential Construction Liability Act (RCLA), found in Chapter 27 of the Texas Property Code. The RCLA was designed to encourage the resolution of construction disputes outside of the courtroom by establishing a mandatory notice and inspection process before a lawsuit can be filed.

Under the RCLA, a construction defect generally refers to a deficiency in the design, construction, or repair of a new or existing residence. Common examples include foundation failures, plumbing leaks, faulty electrical wiring, and significant water infiltration. If your home suffers from these or similar issues due to a contractor’s poor workmanship, the RCLA dictates the steps you must follow to seek a remedy.

The Mandatory Notice and Inspection Process

Before you can file a lawsuit against a builder or contractor for a construction defect, Texas law requires you to give them an opportunity to inspect the problem and offer a fix. This is a critical step; failing to follow the RCLA’s notice requirements can severely damage your claim.

1. Send a Formal Demand Letter: At least 60 days before filing a lawsuit, you must send a written notice to the contractor. This letter must be sent via certified mail, return receipt requested, to the contractor’s last known address. The notice must detail the specific construction defects and, if applicable, the nature of the repairs needed.
2. The Contractor’s Right to Inspect: After receiving your notice, the contractor has 35 days to ask to inspect the property to assess the defect and determine its cause.
3. The Offer of Settlement: The contractor has 60 days from the date they receive your notice to make a written offer of settlement. This offer may include an agreement to repair the defect at their expense, at a reduced rate, or to offer a monetary settlement.
4. Accepting or Rejecting the Offer: You have 25 days to accept or reject the settlement offer. If you reject it, you must state your reasons in writing. If the contractor’s offer is deemed reasonable by a court later on, your potential damages could be limited.

Important Deadlines: Statutes of Limitations and Repose

Time is of the essence when dealing with construction defects in Texas. There are strict deadlines for taking legal action.

• Statute of Limitations: Generally, Texas imposes a two-to-four-year statute of limitations for bringing a claim related to construction defects, depending on the specific legal theories involved (such as negligence or breach of warranty). The clock typically starts ticking when the defect is discovered or should have been discovered.
• Statute of Repose: Texas also has a statute of repose, which places an absolute cap on how long you have to file a lawsuit, regardless of when the defect was discovered. Under Texas Civil Practice and Remedies Code Section 16.009, a homeowner generally has 10 years from the date of substantial completion of the construction to file a claim.

Because these deadlines can be complex and fact-specific, it is crucial to consult with an attorney as soon as you suspect a defect.

Seek Experienced Legal Counsel

Navigating the RCLA and pursuing a construction defect claim requires strict adherence to statutory procedures and deadlines. If you are dealing with a builder who refuses to fix a defect or offers an inadequate settlement, you need an advocate on your side.

If you are a homeowner in Houston or the surrounding areas dealing with a construction defect, contact Nixon Law PLLC. Our experienced attorneys can help you understand your rights, manage the RCLA notice process, and fight for the compensation or repairs you deserve.

Contact Nixon Law PLLC today at 713-482-1523 or visit nixon-law.com to schedule a consultation.