Construction and Design Defect Attorney
Houston, Texas
Are you faced with construction and design defects in Texas? Kirkpatrick Law stands ready to defend your interests. Eric Kirkpatrick, as your dedicated construction and design defect attorney, provides the legal expertise necessary to address and resolve defects that undermine the value and safety of your property.
Choose Kirkpatrick Law for guidance through the complexities of construction and design defect claims, where safeguarding your investment and achieving just compensation is our foremost mission.
Understanding Construction and Design Defects
Construction and design defects can significantly impact the functionality, safety, and value of a building. These defects arise from inadequate design, material failure, or poor workmanship, often leading to substantial financial and safety consequences for property owners and stakeholders.
Design Defects
These defects originate during the planning phase. They might be due to an error by the architect or engineer, such as failing to adhere to regulatory building codes or designing structures that are impractical or unsafe. Poorly designed roof drainage, structural instabilities, and insufficient load-bearing capacity are common examples of designs that fail to perform as intended, causing potential hazards or property damage.
Construction Defects
These occur during the building phase of a project. Common construction defects include substandard workmanship, using inferior materials, or non-compliance with the engineering plans. Issues such as leaks, electrical problems, cracks in foundations or walls, and improper soil analysis or preparation fall under this category. Over time, these issues may lead to more serious problems like water intrusion, mold growth, and structural failures.
Addressing the Defects
Property owners and developers should seek legal advice to understand their rights and remedies when faced with these issues. Legally, the responsible parties may be liable for the costs of rectification and any resulting damages. Immediate attention to detail and expert analysis are required to assess and document these defects for legal or repair purposes.
Owners dealing with design or construction defects should consider consulting with specialists like Kirkpatrick Law. These specialists can offer legal guidance, facilitate professional assessments, and represent affected parties in claims for damages or remediation. They can also ensure compliance and safety standards are met and financial losses are minimized.
Types of Defects
Construction defects are generally defined as defects in the design, workmanship, and/or in the materials or systems used on a project that fails a part of a building or structure. This failure then causes damage to a person or property. Typically, this results in financial harm to the owner. The question here is how you identify construction and design defects. Additionally, how do you protect yourself?
There are two types of construction defects: patent defects and latent defects.
- Patent Defects – defects that are known or evident based on inspection
- Latent Defect – defects that are concealed and not readily observable
As stated above, construction defects include both design and workmanship defects. A design defect often results from the design professional’s failure to produce an accurate and well-coordinated set of construction documents. These defects are usually stated as errors, omissions, or both. A design error is a mistake in a design element uncovered during construction. Correcting the mistake typically requires a replacement or redesign. Omission defects occur when something needed to complete a project or comply with codes is not on the plans or specifications.
Workmanship defects generally result from the contractor’s failure to build a structure according to the construction documents. These defects can include improperly installed weatherproofing systems, stucco, or poorly compacted soils.
Understanding the difference between an actual construction defect and a mere nuisance claim is also important. A nuisance claim is disguised as a construction claim due to lack of maintenance on the owner’s part of normal wear and tear. These claims are not construction claims and the courts don’t look favorably on these types of claims.
Common Construction Defects
If you have been given notice of a construction defect, reach out to a construction attorney as soon as possible. You need an attorney with knowledge of construction defects to handle the complicated nature of these claims.
Some of the most common construction defect notices involve the following:
- Cracked foundations
- Drywall issues
- Structural problems
- Faulty roofing
- Faulty window/door seals
- Mold intrusion
- Poor waterproofing
- Soil subsidence
Statute of Limitations
In the state of Texas, the statute of limitations, which is the time allowed to bring a lawsuit, is 10 years after substantial completion. This means once a project has ended you have 10 years to file a claim. As specified in Sections 16.008 and 16.009 of the Texas Civil Practice and Remedies Code, this applies to:
- Injury, damage, or loss to real or personal property;
- Personal injury;
- Wrongful death;
- Contribution; or
- Indemnity
This 10-year period can be extended by two years if the claimant presents a written claim or if damage, injury, or death occurs in the 10th year of the limitations period.
However, this can be a little more complicated because the 10-year statute of limitations is not the only limitation to keep in mind. This is due to possibly being held to a four-year or even two-year deadline. As stipulated by Section 16.003, a claimant has two years to file a claim “after the day the cause of action accrues.” A claimant will have four years to file a claim if it involves a claim for breach of contract. However, the 10-year statute of limitations still applies regardless of when the defect is discovered. This is further complicated because the two and four-year deadlines do not apply to the state or a political subdivision of the state. As can be seen, you need to consult with an experienced construction attorney as soon as possible so you don’t lose your claim.
Contact Kirkpatrick Law
Kirkpatrick Law has successfully protected builders and design firms facing exposure in construction defect disputes. Additionally, we have helped represent and win awards for buyers/owners who discovered design or construction defects the hard way. Eric has litigated a wide range of defect cases. If you need help protecting your project or recently discovered a defect, call us today. We are ready to help you.
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