Land ownership in Texas is an important accomplishment. Fortunately, Texas property owners enjoy some of the strongest and most robust protections in the country. One of these legal protections, known as the Texas Residential Construction Liability Act (RCLA), specifies the process for Texas property owners to file claims against contractors for construction-related defects. In other words, homeowners that find significant structural defects that were not caused by normal wear and tear or other maintenance issues may be entitled to pursue a claim against the contractor and negotiate a fair settlement to account for the defect. Ultimately, the goal of the RCLA is to encourage the disputing parties to work together to reach a settlement in order to avoid costly litigation and significant stress.
However, the RCLA can be difficult to navigate without the guidance and support of a highly experienced and knowledgeable Texas real estate lawyer by your side. Many property owners may not fully understand their legal rights and options, so enlisting the services of a skilled RCLA lawyer in Prosper, Texas can give you the customized solutions you need to move forward with greater confidence. Together, you can identify the most appropriate course of action to redress the construction defect and seek the damages you deserve. Let’s take a closer look at some of the key elements of the Texas construction defect law and how to initiate the Texas real estate construction claims process to recover the compensation you need to account for your home’s defects.
Understanding Builder Liability in Texas
First, it’s helpful to understand what parties the RCLA typically covers. The RCLA applies to various types of residential real estate properties, including single family homes, duplexes, and units within multi-unit entities (condominiums). Residential builders, remodelers, and certain types of subcontractors may be held liable for construction defects under the RCLA. Essentially, residential construction contractors and builders have a responsibility to build safe properties, so any defect in the foundation, faulty electrical wiring, water infiltration, or other significant leaks may entitle the homeowner to file a claim under the RCLA. The RCLA covers defects that are not the result of routine wear and tear—rather, these are issues caused by poor workmanship, cut corners, or major oversights on the part of builders and contractors.
Pursuing a Residential Construction Dispute in Texas
Under the RCLA, “a contractor is liable only to the extent a defective condition proximately causes: (A) actual physical damage to the residence; (B) an actual failure or lack of capability of a building component to perform its intended function or purpose; or (C) a verifiable danger to the safety of the occupants of the residence.” If you have reason to believe that the contractor or builder has failed to ensure the safety or functionality of your residential property, you may begin to explore your options for filing a claim against them. Below are just a few of the key steps that you can expect to navigate as you move through the Texas RCLA claims process.
Sending a Demand Letter to the Liable Party
According to the terms set forth in the RCLA, any party taking action against a contractor must provide a written notice of their intent to file a lawsuit against the contractor and provide the recipient with sixty days in which to address or resolve the dispute. As you prepare your demand letter, you can work with your dedicated and experienced Texas RCLA attorney to provide clear descriptions of the defects and the specific impacts that these issues have had (and will have) on the property. To strengthen and support your claim, it’s important to provide evidence like photos, videos, professional statements, and inspection reports to fully document the nature, severity, and extent of these defects.
Receiving the Contractor’s Response
Next, the contractor has 35 days in which to prepare a written settlement offer, which includes proposed repairs, replacements, or compensation. During this time, the contractor has the right to inspect the property to assess the nature of the defect. The homeowner will review this offer and has 25 days in which to accept or reject it. Should the property owner reject the offer, the contractor has another ten days in which to prepare a revised offer. After this window of time expires, the homeowner still has the right to reject the offer and proceed with a lawsuit against the contractor.
Moving Through Dispute Resolution Services to Arrive at a Settlement
If the parties are unable to reach a settlement through back-and-forth negotiations, the court may order the parties to participate in mediation in order to reach a resolution. While mediation works well for many RCLA-related disputes, there are other options available for more complex or contentious cases. In some cases, the dispute may move to arbitration or even litigation. No matter what path your case may take, enlisting the guidance of a knowledgeable and caring Texas real estate attorney will provide you with the support you need to move through this process with greater understanding and confidence.
How Texas Property Owners Can Protect Their Rights
Realizing that your residential property has a cracked foundation, faulty wiring, or other structural defect can be upsetting and concerning. However, you do not have to wade through this complicated process on your own. As soon as you suspect that your home has such a defect, it’s essential to begin documenting every relevant detail to share with your highly qualified and experienced Texas RCLA attorney. When you meet with this dedicated legal professional, you can share your concerns and evaluate your options for taking action against the at-fault party. Depending on the circumstances of your case, you may be entitled to recover damages like reasonable costs for necessary repairs, expenses for replacing damaged goods, reimbursement for engineering and consulting fees, funds for reasonable temporary housing during repairs, and even reasonable attorney’s fees. Get started with a caring and experienced Texas real estate lawyer today.
If you are a property owner in Texas, it’s essential that you understand your legal rights and options in the event of a construction defect or errors on the part of builders, remodelers, or other contractors. Reach out to Sewell Sewell Beard LLC today by contacting our Prosper, Texas office at (972) 777-5390 or our Jasper, Alabama office at (205) 544-2350 to get started with a highly experienced and trusted real estate attorney.