Construction Defects | Nixon Law PLLC

Aggressive Representation for Texas Property Owners Facing Construction Defects

Discovering that your home or commercial building suffers from defective construction is a devastating realization. For most Texans, real estate represents their most significant financial investment. When builders, contractors, or developers cut corners, use substandard materials, or fail to adhere to approved plans and building codes, the resulting defects can compromise the safety, structural integrity, and value of your property. At Nixon Law PLLC, we understand the immense frustration and financial burden that construction defects place on property owners. Led by Managing Attorney Jonathon G. Nixon, our firm aggressively represents clients throughout Texas who have been wronged by negligent construction professionals. We do not accept excuses from builders; we demand accountability and pursue maximum recovery to ensure your property is restored to the condition you were promised.

Construction defect litigation is highly complex, requiring a deep understanding of architectural standards, engineering principles, and Texas construction law. Builders and their insurance companies often employ teams of defense lawyers to minimize their liability, delay repairs, or shift the blame onto subcontractors or even the property owners themselves. You need a formidable legal advocate who is prepared to take the fight to the courtroom. Nixon Law PLLC is a trial law firm. We prepare every case with the expectation that it will go before a judge and jury, giving us the leverage needed to negotiate from a position of absolute strength.

Understanding Texas Construction Defect Law: The RCLA Process

In Texas, residential construction defect claims are heavily governed by the Residential Construction Liability Act (RCLA), found in Chapter 27 of the Texas Property Code. The RCLA was designed to promote settlement between homeowners and contractors, but in practice, it establishes strict procedural hurdles that property owners must navigate before they can file a lawsuit. Failing to strictly comply with the RCLA can severely prejudice your claim and limit the damages you can recover.

Under Texas Property Code Chapter 27, a property owner must provide the contractor with written notice of the construction defects via certified mail at least 60 days before filing a lawsuit. This notice must specify in reasonable detail the construction defects that are the subject of the complaint. Once notice is given, the contractor has 35 days to inspect the property to determine the nature and cause of the defects. Following the inspection, the contractor has 45 days from the date they received the original notice to make a written offer of settlement, which may include an agreement to repair the defects or a financial settlement.

Navigating the RCLA process without experienced legal counsel is a significant risk. Builders often use the inspection period to gather evidence against the homeowner or make lowball settlement offers that fail to adequately address the underlying structural issues. At Nixon Law PLLC, we manage the entire RCLA process on behalf of our clients. We ensure that the statutory notice is comprehensive, we oversee the builder’s inspection to protect your rights, and we critically evaluate any settlement offers to ensure they fully compensate you for the diminished value of your property, the cost of repairs, and any temporary housing expenses incurred.

Common Construction Defect Scenarios in Texas

Construction defects can manifest immediately upon completion of a project, or they may remain hidden (latent defects) for years before causing visible damage. Our firm handles a wide spectrum of construction defect claims, including but not limited to:

Structural Defects: Flaws in the load-bearing components of a building, such as framing, trusses, or support beams, can lead to catastrophic failure. These defects often result from poor engineering, improper installation, or the use of inferior lumber and steel.
Foundation Issues: Texas is notorious for its expansive clay soils, which require specialized foundation engineering. When builders fail to properly prepare the soil or pour foundations that cannot withstand soil movement, properties suffer from cracked slabs, uneven floors, and compromised structural integrity.
Water Intrusion and Envelope Failures: The building envelope—comprising the roof, exterior walls, windows, and doors—must be properly sealed to prevent moisture penetration. Defective flashing, improper stucco installation, or poorly installed windows can lead to severe water intrusion, resulting in wood rot, toxic mold growth, and extensive interior damage.
Building Code Violations: Contractors are legally obligated to construct properties in accordance with local and state building codes. Deviations from these codes not only compromise safety but also constitute strong evidence of negligence in a construction defect claim.
Electrical and Plumbing Failures: Substandard electrical wiring poses a severe fire hazard, while defective plumbing systems can cause slow leaks that destroy drywall, flooring, and cabinetry over time.

How Nixon Law PLLC Fights for Property Owners

When you retain Nixon Law PLLC, you are hiring a firm that is relentless in its pursuit of justice. We do not back down from large construction companies, developers, or their insurers. Our approach to construction defect litigation is comprehensive and aggressive:

Thorough Investigation: We collaborate with top-tier forensic architects, structural engineers, and construction experts to identify the root cause of the defects, document the extent of the damage, and accurately estimate the cost of remediation.
Strategic RCLA Compliance: We meticulously draft and serve the required RCLA notices, ensuring that every defect is properly documented and that your statutory rights are preserved.
Aggressive Negotiation: Armed with irrefutable expert testimony and comprehensive damage models, we confront builders and their insurers, demanding full compensation. We reject inadequate repair offers that merely put a “Band-Aid” on systemic construction failures.
Trial-Ready Advocacy: If a builder refuses to take responsibility or offer a fair settlement, we do not hesitate to file suit. Managing Attorney Jonathon G. Nixon is a seasoned trial lawyer who knows how to present complex construction data to a jury in a compelling and persuasive manner.

We understand that dealing with a defective property is incredibly stressful. Our goal is to shoulder the legal burden so that you can focus on your family or your business. We keep our clients informed at every stage of the litigation process, providing straightforward, honest assessments of their case.

Schedule a Consultation with a Texas Construction Defect Lawyer

If your home or commercial property is suffering from structural failures, water intrusion, or other construction defects, time is of the essence. Texas law imposes strict statutes of limitations and statutes of repose on construction defect claims, meaning that waiting too long to take action could permanently bar your right to recovery. Do not let a negligent builder walk away from their mistakes at your expense. Contact Nixon Law PLLC today to schedule a consultation. We will review the details of your situation, explain your legal options under the Texas Property Code, and outline a strategic plan to hold the responsible parties accountable. Let our aggressive trial attorneys fight to protect your most valuable asset.