In Texas, homeowners have legal rights when a contractor delivers substandard work, such as construction defects, incomplete renovations, or work that fails to meet industry standards. Indeed, there are several causes of action for pursuing a claim related to poor workmanship.
Causes of Action for Suing a Contractor in Texas
In Texas, you can sue a contractor for poor workmanship. The most common legal grounds for such a lawsuit include:
Breach of Contract
Most contractor disputes stem from violations of contract provisions. Typically, construction projects feature a written agreement that outlines the scope of work, deadlines, payment terms, and performance standards. If a contractor fails to satisfy the terms of a contract by delivering poor-quality work or failing to complete the job, they may be held liable for breach
Negligence
If a contractor failed to exercise reasonable care during a construction project and caused property damage or other financial loss, you may have a claim for negligence. This often applies when the work violates basic safety or structural standards, or when errors result in construction and design defects that impact the integrity of the property. In many cases, multiple parties could face liability for these construction issues depending on their role in the project.
Breach of Warranty
Texas law recognizes both express warranties (written or spoken promises by the contractor) and implied warranties (e.g., warranty of good and workmanlike performance). Under the Texas Property Code § 27.001, contractors are required to perform residential construction in a good and workmanlike manner. If they fail to meet this standard, they may be liable for damages.
Deceptive Trade Practices Act (DTPA)
The Texas Deceptive Trade Practices-Consumer Protection Act (DTPA) protects consumers from false, misleading, or deceptive business practices. If a contractor misrepresented their qualifications, overpromised results, or engaged in contractor fraud, you may be entitled to treble damages under the DTPA.
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Damages Available in Lawsuits Against a Contractor
The damages available in your claim will depend on the cause of action and the facts of your case. Generally, you may be entitled to money for:
- Cost of repairs for the amount needed to correct the defective work
- Diminished property value if the poor workmanship has lowered the value of your home.
- Consequential damages for additional losses, such as temporary housing or damage to other property.
- Attorneys’ fees and court costs, especially under the DTPA or if the contract allows for recovery of legal fees.
An experienced attorney can help you track and identify the damages available in your case.
Steps to Take Before Filing a Lawsuit
Before initiating legal action against a contractor, Texas law often requires homeowners to follow certain procedures.
- Give Written Notice: Under the Texas Residential Construction Liability Act (RCLA), you must give the contractor written notice of the alleged defects at least 60 days before filing a lawsuit. This gives the contractor an opportunity to inspect and potentially repair the work.
- Document Everything: Take photographs of the defective work, keep all receipts, communications, and contracts, and obtain any relevant inspection reports. This documentation will be critical if the matter proceeds to litigation.
- Hire an Independent Inspector or Expert: To support your construction claim of poor workmanship, it’s often necessary to obtain a third-party assessment showing that the work fails to meet industry standards or building codes.
Construction law can be complex, and procedural missteps may weaken your case. An attorney experienced in Texas construction litigation can help you navigate the legal process and increase your chances of a favorable outcome. Contact Porter Law Firm for a confidential consultation to learn more about your rights and options.