Houston Construction Defect Attorney
Construction defects reduce the value of commercial and residential properties and threaten the health and safety of their occupants. Homeowners, builders, contractors, and product manufacturers are likely to have different opinions of what constitutes a construction defect. However, generally speaking, construction defects are the design defects, material defects, or poor workmanship that make a structure unsuitable or unsafe for its intended purpose or which, if left uncorrected, will cause permanent or increasing damage to the property.
Structures such as commercial buildings and residential housing naturally experience degradation and normal wear and tear as they age. However, when a new or recently built structure exhibits unusual leaks and water intrusion, cracks in walls or foundations, or failures of roofing materials, siding, or other exterior products, construction defects in design, materials, or workmanship may be the cause. When serious problems with a new or recently built residential or commercial structure threaten its value, integrity, or the safety of its occupants, the designer, builder, contractor or product manufacturer who is responsible for the defect can and should be held accountable.
Responsibility for construction defects can be difficult to prove, but a competent Houston construction defect attorney can bring the resources and expertise necessary to build a strong case. When you experience losses caused by construction defects, you have a right to recover compensatory damages from those responsible.
Construction Workers, Contractors & Construction Company's Duty of Care
Construction workers, contractors, and construction companies have a duty of care. They are responsible for manufacturing a product (a structure) that complies by all of the necessary industry standards so it is reasonably safe for those who will occupy it. Unfortunately, errors in the design of buildings can cause serious injury and necessitate millions of dollars sometimes to repair. Construction design defects differ slightly from construction defects. A pure construction defect means that a structure would have performed as intended had there not been a mistake in the building process. A defect in the design of a structure means that even if the structure had been manufactured perfectly, it still would have resulted in damage or injury.
You may be able to file a claim against a developer, contractor, architect or even a bank for this construction design defect. Defects in the design go to the root of the structure and begin on the architect's desk. Any defects in design should be caught before implemented. If the defect is not caught, this can present a major liability. Contractors in many states are required to submit a written document stating that the structure is in good repair upon completion. Unfortunately, construction workers and other entities will try to shift the liability onto the owner of the building. A design defect can cause a property owner upwards of millions of dollars to fully repair the issue.
In order to avoid wrongfully paying for a defect, contact Arnold & Itkin first.
Understanding Construction Defect Law
Some construction defects can makes a structure unsafe for its occupants resulting in preventable accidents that cause serious personal injury to occupants. A defective design can lead to unsafe conditions that result in dangerous slip and fall injuries. Defective materials can result in exposure to harmful toxins or substances. Poor workmanship can result in water intrusion leading to mold outbreaks and serious health implications for occupants.
Unfair business practices include the refusal or failure of a construction company to acknowledge / investigate problems in construction or to disclose known issues with a design, materials, or workmanship employed in construction. Negligence in construction involves the failure of a company to recognize and address problems in construction design, materials, workmanship, or other areas that a reasonable operator would have known.
Why Defects in Construction Occur
There can be many causative factors in the case of design defects. Upon first sight, this may be difficult to prove. If you have a case such as this, you will need extensive investigations so that the root cause can be brought to light. If there was a defect in the design, our firm can investigate in order to present the evidence in a compelling way.
One reason that defects occur is because the architect designed the structure with the wrong material. Even if the construction workers follow the specifications perfectly, this will still result in a defect. Another cause of construction defects is poor quality of workmanship. The contractor may have cut corners in order to save time, meanwhile sacrificing quality. Contractors may also manufacture the structure as intended, but do so using lesser quality materials. By using cheap materials, the contractors will cut down on costs, but put the building owners at risk.
Poor Workmanship in Construction
Defects from poor workmanship devalue property and can lead to additional damage to structures and materials. Poor workmanship is frequently the root cause of construction defects. Even quality building products, if installed or used incorrectly, may fail to effectively serve their intended purposes or last as long as they are designed to last.
Poor workmanship is often the real cause of construction defects such as:
- Broken floor tiles
- Crumbling grout
- Peeling paint
- Other problems
- Leaking roofs, window, and doors
- Doors and windows that don't open or close
Nearly every building product available today requires that certain conditions exist and instructions be followed to ensure proper installation, performance, and longevity of the product. For example, a quality paint applied to a dirty or oily surface can reasonably be expected to fail, not because the product was defective, but because it was applied with poor workmanship. Poor workmanship is so commonplace that it should be suspected as a potential root cause of almost any construction defect until it can be ruled out. Construction requires quality-conscious, professional tradesmen and women at nearly every stage. When construction companies employ unskilled labor without adequate training and supervision, poor workmanship in construction is the predictable result.
Resulting Damage & Seeking Compensation
The resulting damage from a construction design defect can be devastating. On top of the costs of construction, a building owner will then have to worry about repair costs sooner than they should have. Defects in the design of a structure can result in everything from electrocution injuries because of faulty wiring or mold because of poorly placed piping. You may be unsure whether or not you have a case, but that is exactly why our firm is here.
Arnold & Itkin LLP offers free consultations so that you can discuss your situation with us. Should you become our client, rest assured, we will fight until you recover the financial losses you suffered. One factor that can be indicative of a design defect is a serious problem in a home that is less than three years old. If you would like to investigate the possibility of a claim further, please do not hesitate to contact our firm today.
Contact a Houston Construction Defect Lawyer
If you have suffered a serious loss as a result of a personal injury, unfair business practices, or negligence related to a construction defect, you should consult with an experienced Houston business litigation lawyer to learn more about your options. At Arnold & Itkin LLP, our legal team has extensive experience in the area of business litigation and construction defect law that can be used to your advantage when filing a claim.
We understand that this may be a frustrating, emotional, or a financially devastating time in the lives of victims, and we do everything in our power to ensure that our clients are compensated for what they have lost. When dealing with a matter relating to a construction defect or a defect in the structure of your building, you may be entitled to claim compensation from those responsible for your loss, and we can help you seek it.
For a free consultation, contact a Houston construction defect attorney at Arnold & Itkin LLP.