CONSTRUCTION DEFECTS FAQs

What is a construction defect?

Virtually any condition that lowers your home’s worth can be perceived as a construction defect.

What’s the best way to prove that a defect even exists?

In most cases, you will need to call on the services of an industry expert. There are myriad types of experts that might be needed including, architects, structural engineers, soil engineers, and cost estimators.

I am having a lot of issues with my home, and I can’t get in touch with my builder or developer. Would it be wise of me to hire a lawyer and file suit?

Please make sure as best you can that you make a lawsuit a last resort type scenario. Because of delays and unexpected expenses, we firmly believe that a builder should be given every reasonable chance resolve any issues related to their product or work.

When does the statute of limitations start?

Generally, the statute of limitations begins to run if a defect is so glaring that any reasonable person should have easily and without much effort noticed it. As long as one can tell that it is a result of a construction defect, an individual does not have to know the full scope of the damage. 



What’s the significance of an indemnity clause?

The goal of an indemnity clause is to shift responsibility for errors from one person to another. Many times, an owner will attempt to make it appear as though any present construction defects are someone else’s fault.

How do I know which contract clauses are actually enforceable?

Many statutes and court created policies decide the types of construction clauses that are enforceable. For instance, the Texas Legislature has disallowed certain types of indemnity clauses. The Texas Supreme Court has also implemented the fair notice requirements, which contain elements of the “negligence rule” and what is known as the “conspicuousness test.” 


What are the kinds of damages that I can attain in a lawsuit?

Usually, you are allowed to be awarded the expenses required in order to repair the damage. In some cases you can also recover other damages such as lost rental income. Many of the damages claimed would call for an expert witness who can attest that the money you seek is reasonable compensation in relation to your damages.

Construction defects can be taken care of by what policies?

Performance bonds and commercial general liability policies might provide coverage.

When I go over a construction contract, what clauses exactly am I looking for?

Some of the types of clauses you’ll encounter in a construction contract include clauses related to: the extent of the work done, arbitration, and insurance. Each of these clauses can be lengthy and difficult to follow. It’s best to seek the services of an experienced construction defect attorney at the Arguello Law Firm to learn more about the literature in such complex documents.

Why is an arbitration clause so important?

Many construction contracts call for disputes to be issued to binding arbitration. Arbitration is a non-judicial process in front of one or more arbitrators that acts as the judge. In such situations, not only is there no jury present, but there is a also a limited ability to have any decision reconsidered.