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Building a strong case over residential construction defects

On Behalf of | Sep 28, 2017 | Construction Law |

Legal issues pertaining to a Texas construction project can be difficult to navigate. From breach of contract to the discovery of defects in a completed project, you may need to know how you can protect your rights and take the appropriate action to resolve your issue as soon as possible.

There are many complex issues at hand when dealing with construction defects. You have the right to pursue a beneficial outcome to your issue, but holding the appropriate parties liable for the problem may be more difficult than you presumed. Whether it is the contractor, construction company, subcontractor or developer to blame, you do not have to deal with it by yourself.

The foundation of your claim

When taking legal action because of construction defects, the intention is to make sure that the liable party either repairs the problem or compensates you for any repairs and mitigation already done. It is possible you can base your claim on one of the following elements:

  • Breach of contract: You may base your claim on breach of contract if the defects are the result of a blatant and obvious deviation of specific terms included in your contract.
  • Breach of warranty: It is possible to file a claim if the other party in your contract violates the terms of a warranty over the condition of your property or completed project.
  • Negligence: If the other party in your contract failed to act with reasonable care, ultimately resulting in the defects or problems that could cause you harm, you may have a case for negligence.
  • Fraud and misrepresentation: If the developer or contract intentionally misled you by making false statements or promises, you have the right to take legal action.
  • Strict liability: In order to have a strict liability claim, you must be able to prove that there was a defect, issues resulted from the defect and that the defendant caused the defect.

If any of the above pertain to your situation, you may have grounds to pursue financial compensation and hold the liable party accountable for any construction defects.

Navigating construction law concerns

Construction law is a complex area of law, and it can be difficult to discern your rights and the appropriate course of action for your individual situation. However, you do not have to navigate these issues on your own. You may find it beneficial to seek a complete explanation of your rights and options when dealing with construction defects.


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