Building your own home or moving into one that has just been built is very exciting. It is truly a blank canvas, and you can make it into whatever you envision. Unfortunately, not everything always goes according to plan in new builds. Construction defects may start to pop up, and they can greatly interfere with your vision for your home.

There are a number of construction defects that will not only dampen the dream you had for your new home, but that can also significantly damage the structure of it, as well. It is important to identify construction defects as soon as possible so you can take action right away and protect your home. Below, our Houston real estate lawyer outlines some of the most common defects, and your options after discovering them.

Structural Issues

Structural defects include cracks in floors, walls, and ceilings. Uneven or sagging floors, movement or settlement of the foundation, and other indications that the home’s structural integrity is compromised are also signs of construction defects.

Water Leaks

New homeowners should inspect for water infiltration or water leakage in areas such as windows, roofs, basements, walls, and doors. To spot water leaks, look for dampness, water stains, musty odors, and mold growth.

Issues With the Home Envelope

A home’s envelope consists of the windows, exterior walls, roof, and doors. These can contain defects that can compromise air sealing, insulation, or weatherproofing. Common issues include cracks, gaps, improper installation, and inadequate insulation.

HVAC System Problems

It is important to inspect the heating, ventilation, and air conditioning (HVAC) system for insufficient airflow, defective components, unusual noises, or inconsistent temperatures. Faulty or inefficient HVAC systems can impact the comfort of the occupants in the home and indoor air quality. The most common issue is that one room is extremely warm while the others are very cool. This is caused by an HVAC system that is not properly balanced.

Plumbing and Electrical Deficiencies

Assess the functionality of the plumbing and electrical systems in the home. Look for issues such as inadequate outlets, faulty wiring, defective fixtures or switches, leaks, low water pressure, and drainage problems.

Fire Safety Issues

Make sure that the proper fire safety systems, namely fire alarms, are in place and are functioning properly. All homes in Texas must also have at least one fire extinguisher and a carbon monoxide detector, so make sure these are in place, as well. If your home has a sprinkler system, also check it to ensure it is working properly.

Finish and Surface Defects

Closely inspect interior and exterior finishes for poor workmanship or defects. This can include cracked or uneven flooring, loose tiles, peeling paint, improperly installed or damaged siding, or other signs of inferior quality.

Safety Hazards

People do not often consider safety hazards in their homes, but shoddy workmanship, insufficient lighting, unstable handrails, and improperly secured equipment or fixtures are common hazards that can result in serious injury.

How to Address Construction Defects

After discovering a construction defect, it is critical that you address it as quickly as possible. Contractors, subcontractors, architects, and others responsible for building your home in a safe manner can be held responsible for construction defects. When addressing them, you have a number of options.

Mediation or Arbitration

The first thing to do is to review your construction contract. It may contain provisions regarding how to resolve your construction defect dispute. For example, many construction contracts stipulate that you must enter mediation or arbitration to resolve a construction defect dispute.

Filing a Lawsuit for Breach of Contract

If you file a lawsuit against a builder or developer, it will likely be based on a breach of contract. This essentially means that they failed to deliver the home that was initially promised to you. Purchasing a new home typically involves a great deal of paperwork. Any materials the builder or developer gave to you, such as photographs, descriptions of the home, drawings and plans, and emails outlining the wor,k can be helpful when establishing the home that was promised to you.

Before filing a lawsuit for breach of contract, it is important to speak to a Houston real estate lawyer. Under the statute of limitations in Texas, you have only four years from the date of completion to file a breach of contract lawsuit. If you do not file within this time, you will lose your right to file a lawsuit and collect any damages at all.

The law recognizes that not all construction defects are visible right away. As such, the discovery rule allows you to file a breach of contract lawsuit four years after you discovered or should have discovered the defect. Still, under the statute of repose, it is not possible to file a lawsuit for breach of contract at all ten years after completion.

Filing a Claim for Negligence

You can also file a lawsuit against a builder or developer based on negligence. If the builder or developer failed to exercise the proper care and adhere to the correct standard when designing or building your home, the legal theory of negligence may be more applicable. If you can show that your home was damaged by a defective or unsafe condition of the property, you have ten years after the property was substantially completed to file a lawsuit for negligence.

When filing a lawsuit based on negligence, you must prove certain elements of your case. A Houston real estate lawyer can explain what those elements are and knows the strategies to prove them.

Our Real Estate Lawyer in Houston Can Advise You of Your Legal Options

At Integrity Law Group, PLLC, our Houston real estate lawyer can further explain the legal options available to you after a construction defect and help you determine which one is right for you. We will then help you navigate the appropriate process and give you the best chance of a positive outcome. Call us today at (832) 280-8874 or fill out our online form to schedule a consultation with our experienced attorney and to learn more about how we can help with your case.

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