Who Is Liable for Construction Defects in Texas?

Construction defects can cause serious problems for property owners, including structural instability, water intrusion, mold, electrical failures, and financial losses. 

When a defect arises, different parties may be responsible, depending on the nature of the defect, contractual relationships, and applicable legal standards. A construction defect attorney in Houston can assess the situation and advise which parties may be held responsible based on contractual relationships and Texas law.

What Is a Construction Defect?

A construction defect refers to a flaw or deficiency in the design, materials, or workmanship of a building or structure.

Defects may be classified into:

• Design defects are errors or omissions by architects or engineers in the planning and/or review process of a project. 
• Material defects include the use of substandard or defective building materials.
• Workmanship defects describe substandard execution of construction work.
• Subsurface defects are often due to issues with the soil or foundation, or inadequate site evaluation or preparation.

Often, a building or property may suffer from multiple defects.

Parties Potentially Liable for Construction Defects in Texas

Texas law recognizes that construction projects involve multiple parties. Liability is typically based on fault, contracts, and statutory obligations.

1. General Contractors

General contractors are often the primary liable party in construction defect cases. These parties oversee the entire construction process and are responsible for hiring subcontractors, ensuring code compliance, and meeting contractual specifications. If they fail to perform their work in a good and workmanlike manner, they may be liable under both contract law and statutory provisions.

2. Subcontractors

Subcontractors can be held liable for the specific work they perform, such as plumbing, roofing, or electrical installations. If the defect stems from their scope of work and is due to negligence or substandard craftsmanship, they can be directly sued by the property owner or through third-party claims brought by the general contractor.

3. Architects and Engineers

Design professionals may be liable for design defects that result in construction failures. Claims against architects or engineers typically involve professional negligence or breach of contract. Texas courts hold these professionals to a standard of reasonable care and technical competence.

4. Material Suppliers and Manufacturers

If the defect arises from faulty or defective materials, the supplier or manufacturer may be liable under product liability laws. 

5. Developers

In residential developments, developers may bear liability for systemic defects, especially those related to infrastructure, drainage, or building plans. Their liability often stems from oversight failures or decisions made during planning and land preparation.

Causes of Action Construction Defect Liability

Several legal theories may apply in construction defect cases in Texas, including: 

• Breach of contract for failure to abide by the terms in a construction agreement.
• Negligence refers to failing to act with reasonable care during construction or design.
• Breach of warranty includes violating both express warranties (written) and implied warranties (such as the warranty of good and workmanlike construction).
• Product liability occurs when a defective material causes damage regardless of fault.
• Deceptive Trade Practices Act (DTPA) for misrepresentations or fraud.
• Texas Residential Construction Liability Act (RCLA)

Texas law requires property owners to follow the Residential Construction Liability Act (RCLA) before suing a contractor for defects. Under the RCLA:

• The homeowner must give 60 days’ written notice of the defect.
• The contractor has the right to inspect and offer to repair or settle.
• Failure to follow these procedures may limit or delay a lawsuit.

RCLA provides a framework for resolving disputes, but it does not eliminate other legal remedies.

At Porter Law Firm, our experienced Houston construction defect lawyer can help you determine the causes of action available to you and identify all liable parties in your case. Contact us today to schedule a confidential consultation to learn more about your rights.