What is the scope of a construction defect and what remedies are available?

The scope of a construction defect in Texas can be defined as any problem with a construction project’s design, workmanship, materials, or any other aspect which results in a structure or component not functioning properly or up to the standard expected of the project. Construction defects can occur in both new construction, such as a new house, or when renovating or modifying existing structures. When a construction defect is found, the remedies available in Texas are typically limited to economic and legal solutions, such as a lawsuit against the contractors involved or a claim against the contractor’s insurance. If a lawsuit is filed, the plaintiff can typically seek damages for any costs associated with repairing the defect or losses suffered because of the defect. The court may also award the plaintiff with punitive damages in some cases. In addition to these legal remedies, many contractors have dispute resolution procedures that are used to resolve construction defects. This process involves working with an independent mediator to discuss the issue between the contractor and consumer without having to go to court. Ultimately, the remedies available in Texas for construction defects depend on the specific circumstances of the project and the features of the contract that was agreed to by both the contractor and consumer. If all else fails, going to court may be the only option available to the plaintiff.

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What is the scope of a construction defect and what remedies are available?

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