A construction defect is generally a deficiency in the design or construction of a building due to the failure to design or construct the building in a reasonably workmanlike manner (the minimally acceptable industry standard), or according to the owner’s reasonable expectation.
In Texas, construction defects are addressed under the Texas Residential Construction Liability Act (RCLA) for residential properties, and common law for commercial properties. The RCLA requires homeowners to provide builders with a written notice of any construction defects and an opportunity to inspect and remedy the issues before filing a lawsuit. The law defines a construction defect as a matter that arises from the failure to construct a home in a good and workmanlike manner or in accordance with the contract. For commercial properties, claims for construction defects typically involve breach of contract, negligence, or breach of warranty. Texas law generally requires that these claims be brought within specific time frames, known as statutes of limitations, which can vary depending on the type of defect and when it was discovered. The statutes of repose in Texas also set an outer limit on the time within which a lawsuit must be initiated, regardless of when the defect was discovered.
