Defective construction materials are one of the most overlooked causes of property damage in Houston real estate projects. Whether in residential homes or commercial buildings, issues like faulty roofing materials, subpar concrete, or hazardous insulation can result in serious safety hazards, structural instability, and costly repairs.
Understanding how and why these material defects occur is essential for property owners, developers, and contractors. In this guide, we’ll break down the common types of construction material defects in Houston, how they’re identified, and what legal options exist when these problems arise. If you’re already facing issues, a Houston construction defect attorney can help assess your situation and determine the next steps.
Choose Porter Law Firm to Represent You for a Houston Construction Material Defects Claim
Choosing the right Houston construction material defects attorney can make all the difference in your claim. At Porter Law Firm, we provide dedicated legal representation to help you recover damages and hold negligent parties accountable. Here’s why clients trust us to handle their construction defect cases:
- Understanding of Construction Law: At Porter Law, we have strong relationships with contractors and structural engineers to provide their expertise as testimony.
- Personalized Legal Strategies: As a boutique firm, we take the time to understand your claim and tailor the strategy to best serve you.
- Communication Throughout Your Claim: As your claim develops, we will keep you informed and are available 24/7 to answer any questions you might have.
- Meticulous Attention to Detail: Our team of lawyers will review every document to gather the key facts to serve as the arguments in your favor.
What is a Houston Construction Material Defect?
Construction projects require meticulous planning and permitting to adhere to required regulatory and industry standards. A failure by a contractor to meet these standards can lead to structural issues and safety problems with your building. Some ways in which a Houston construction material defect can occur include:
- Poor Building Materials: Substandard materials such as concrete, roofing, or insulation materials can lead to floor or ceiling problems with the building.
- Health Concerns: Using hazardous materials can be toxic and create mold growth, posing serious health risks or respiratory issues.
- Premature Deterioration: substandard materials can fail to meet required durability standards and degrade more quickly over time leading to costly repairs.
- Improper Installation: Failing to properly install materials can lead to structural deficiencies, water leaks, or other safety problems with the building.
In some cases, material defects may overlap with Houston construction and design defects attorney claims, where improper architectural or engineering planning contributes to the issue. Understanding whether your claim stems from a material failure, a design flaw, or both can help determine the best course of action.
Texas Residential Construction Liability Act in Houston Construction Material Defects
The primary law governing Houston construction material defects is the Texas Residential Construction Liability Act. Codified in Texas Property Code Chapter 27, the act provides the following with regard to liability:
“Sec. 27.003. LIABILITY. (a) In an action subject to this chapter arising from a construction defect: (1) a contractor is liable only to the extent a defective condition proximately causes: (A) actual physical damage to the residence; (B) an actual failure or lack of capability of a building component to perform its intended function or purpose; or (C) a verifiabled danger to the safety of the occupants of the residence. (2) a contractor is not liable for damages caused by: (A) negligence of a person other than the contractor or an agent, employee, or subcontractor of the contractor; (B) failure of a person other than the contractor or an agent, employee, or subcontractor of the contractor to: (i) mitigate the damages; (ii) maintain the residence; or (iii) timely notify a contractor of a construction defect; (C) normal wear, tear, or deterioration; (D) normal cracking or shrinkage cracking due to drying or settlement of construction components within the tolerance of building standards; or (E) the contractor’s reliance on written information relating to the residence, appurtenance, or real property on which the residence and appurtenance are affixed that was obtained from official government records, if the written information was false, modified, or inaccurate and the contractor did not know and could not reasonably have known of the falsity, modification, or inaccuracy of the information;”
The law lays out when a contractor is liable with regard to construction. There are certain requirements, such as the property owner providing notice and allowing the contractor the opportunity to inspect and cure any defects. Contractors are only liable for defects that cause actual damage or are considered a functional or safety failure/risk. Any lack of the property owner from maintaining or mitigating damages may exempt the contractor from liability. For additional insights into residential construction liability laws, visit Texas State Law Library – Construction Law to better understand your legal rights.
Construction material defects can lead to a range of serious issues. If your property has been impacted, a Houston construction claims and disputes attorney can help you pursue compensation and hold the responsible parties accountable.
Contact A Houston Construction Material Defects Lawyer Today
Construction material defects can have lasting effects on your property, from structural instability to ongoing maintenance issues. Whether you’re dealing with water intrusion, premature wear, or potential safety hazards, it’s worth having a professional review your situation.
The team at Porter Law Firm has experience handling complex construction defect matters, including those involving poor-quality materials. If you’re unsure whether your issue qualifies as a legal claim, reach out at (713) 621-0700 or complete our contact form for more information.