When homeowners, HOAs, or businesses face construction defects, their first thought is often litigation. But lawsuits are costly, time-consuming, and emotionally draining. Fortunately, Texas law provides alternative methods that are often faster, more efficient, and more cost-effective. The key is understanding which resolution method applies to your situation and how to use it to protect your rights.
Alternative Methods of Dispute Resolution
There are three primary approaches for resolving construction defect disputes outside of the courtroom:
- Negotiation – A direct dialogue between parties aimed at reaching a mutual agreement on how to resolve the defect.
- Mediation – A structured process facilitated by a neutral mediator, who helps the parties communicate effectively and craft a voluntary settlement.
- Arbitration – A private, binding proceeding where a neutral arbitrator reviews both parties’ positions and issues a final, enforceable decision.
The Role of the RCLA
In Texas, the Residential Construction Liability Act (RCLA) governs how disputes involving residential construction defects must proceed. Residential properties under this statute include single-family homes, duplexes, triplexes, quadruplexes, and condominiums.
One of the most critical aspects of the RCLA is its pre-litigation procedural requirement: before filing a lawsuit, homeowners must provide builders with a formal opportunity to repair or “cure” the alleged defect. This effectively forces the use of an alternative dispute resolution process before litigation can begin.
Why You Need a Construction Defect Attorney in Houston
Every construction defect case is unique. The right resolution method depends on a variety of factors, including the nature of the defect, the terms of the construction contract, and the statutory requirements of the RCLA. Many contracts include clauses that require arbitration or mediation, and those provisions must be honored. At the same time, homeowners must navigate the technical requirements of the RCLA to preserve their rights.
Without experienced legal guidance, it is easy to make costly mistakes, whether by overlooking contractual obligations, missing statutory deadlines, or pursuing the wrong resolution path. An attorney who understands construction law and dispute resolution can help you choose the correct method, protect your rights, and pursue the most effective outcome.
Schedule Your Construction Defect Consultation Today
If you suspect, or know, you are facing a construction defect, don’t wait until it escalates into costly litigation. The earlier you involve legal counsel, the more options you have to resolve the issue efficiently and effectively.
Contact us today to schedule a consultation with our construction defect legal team. At Porter Law Firm, we’ll fight to get you answers, repairs, and financial compensation, so you can move forward and start living again