Q1. How Long is a Builder Liable for Their Work in Texas?
How long a builder is liable depends upon the contract terms and the alleged claim. A contractor can offer a written warranty, in which case the builder would be responsible for problems arising within the warranty term. More generally, contractors are liable for four years from the contract date under the implied warranty that the work is done in a good and workmanlike manner.
Q2. What is the Defect Liability Period in Texas? What are the Statute of Limitations?
The Texas Residential Construction Liability Act (RCLA) outlines the timelines and procedures of residential construction defect lawsuits.
The statutes of limitations for RCLA claims are four years for breach of contract or breach of warranty claims, and two years for torts like negligence and product liability.
There is also a ten-year statute of repose, which requires homeowners to file suit for construction defects within ten years of substantial completion of the project.
As with most laws, there are certain exceptions. If you have questions about your rights or responsibilities under a residential construction contract, you should contact an attorney.
Q3. How do I File a Claim Against Another Contractor?
A subcontractor or other unpaid worker may file a mechanic’s lien against the general contractor.
This lien should be filed with the county clerk. Many Texas cities and counties also require contractors to have some form of bond as a kind of insurance contract.
If the contractor has a bond for the project, another contractor on the job can file a claim with the surety company.
When the dissatisfied individual suspects a licensing violation, the contractor can sometimes file a complaint with the other contractor’s licensing board.
Depending on the issue and the board, the entity may investigate or provide a dispute resolution process.
If the claimed loss, including attorney fees, is less than $20,000, the aggrieved contractor may file a small claims suit in a Texas Justice of the Peace Court.
These courts offer a more expedited process than Texas state district courts.
Q4. Who is Responsible for Building Defects?
Typically, the party responsible for the original construction of the defective work in a project will be responsible for repairing or replacing the defective work.
However, if a tradesman damages the construction of another contractor, that tradesman would be liable for the damages to the constructed materials.
For example, if a plumbing contractor plumbs a new construction home, and accidentally plumbs a bedroom as a bathroom, the plumbing contractor would be responsible for removing the defective work, and correctly plumbing the bathroom in the right location.
However, if that plumber, in the course of plumbing the bathroom, alters or destroys a framing contractor’s previously approved work, such that the framing work would no longer pass inspection, the plumber would be responsible for the cost of repair to the framing work.
Q5. Can a Contractor be Criminally Liable for Defects?
Under certain circumstances, a contractor can be charged criminally with theft or fraud.
A prosecutor may be more likely to bring charges when a contractor takes the customer’s money and does not complete the work versus when the contractor’s work is defective. But it depends upon the specific facts of the case.
Q6. What is Implied Terms in Construction Contracts?
Implied terms are provisions that are not expressly written in the contract but are inferred to be part of every construction contract.
Texas law recognizes an implied warranty of good and workmanlike manner.
This implied warranty requires that builders work proficiently, as judged by someone with the knowledge, training, or experience necessary to successfully practice in that field.
When a home is for sale, there is an implied warranty that the house is suitable for human habitation.
Q7. What is Common Law in Construction Contracts?
When legal principles are established by written court opinions instead of statutes, they are referred to as common law.
The implied warranties discussed above are examples of common law doctrines.
Q8. Can a Contractor Bill me For More Than the Written Estimate at the Start of the Project?
Generally, yes, but it would depend on the agreement between the parties.
If the agreement requires that additions or subtractions to the project be made only through authorized change orders, then only additional amounts approved via a change order would be enforceable as part of the original contract.
If the contract does not mention change orders, it would largely depend on the various approvals given by the parties.
Q9. Is an Oral Construction Contract Legally Valid?
A verbal construction contract can be valid and legally binding if one party makes an offer involving consideration and the other party accepts it.
So, for example, if a general contractor offers to build a garage for $40,000 and the homeowner accepts the offer and pays the money, the parties have a valid contract.
The only caveat is that the contract can last no more than one year from the date of the agreement. Otherwise, it must be in writing.
Q10. When Should I Hire a Texas Construction Lawyer?
The best way to avoid misunderstandings and disputes is to clearly spell out both parties’ expectations in a written contract.
The Texas construction lawyers from Massingill Attorneys & Counselors at Law know what provisions to include in residential and commercial agreements to protect your interests.
They are also well-versed in the tangle of state and local laws governing contract disputes, liens, and contract negotiations.
Our firm emphasizes that we are counselors at law because our attorneys will be there to advise you from the beginning of your project to the end.
CONSTRUCTION LAW
Whether someone is at the beginning, middle, or end of a construction job, legal complications are the last thing anyone needs. That’s where the Texas construction lawyers at Massingill come in. Our legal team handles residential and commercial construction disputes alike, and we are well-versed in making complex legal issues simple for our clients. The proof is in our results. We have a five-star Google rating from our clients, and we are famously responsive to their needs.
We are experienced business and construction lawyers, and we collaborate with our clients to get them the best results possible. Our firm handles many types of construction law issues for clients across Texas.
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