Landscape & Soil Defects in Construction
When Construction Isn't Done Right, Our Firm Holds Responsible Parties Liable
Construction defects reduce the value of your property and can cause physical harm to those who occupy the residence. It is natural for wear and tear to occur in any home, but when a new structure is displaying signs of construction defects, actions need to be taken against the contractor. Construction defects can include electrical units, water pipes, and even landscape and soil defects are the responsibility of the contractor.
Two types of soil can cause issues if the proper strategy is not used in installation:
Expansive soil expands. The soil, in this case, can swell and create pressure that may cause cracks and sinks in your landscaping, even shifting the pavement.
This type of soil is loosely packed and can become mushy and clay-like. Collapsing soils, if not properly installed, can cause cracks in pavement and retaining walls.
The soil on your property can also become contaminated by chemicals. This can happen if a tank is punctured during construction or when waste is dumped into the soil. Soil contamination can even start to affect your water supply, so accurate installation of landscaping and soil is essential.
According to the California Statutes of Limitation for Construction Defects: "Soils shall not cause the land upon which the structure is built to become unusable for the purpose for which the land is to be used."
This goes for as long as 10 years after completion. Landscaping defects deal with anything from pathways to patios, but no violations can be brought more than four years after the close of escrow. If something is determined a defect, the contractor must have it fixed or fix it themselves.
Landscape & Soil Defect FAQ
What areas of commercial and residential properties are often affected by landscape or soil defects?
Some areas of a property are more likely to suffer from soil and landscape defects than others. Certain structures can fail if they are not built properly and on the right type of soil.
Structures that are most affected by landscape and soil defects include:
- Retaining walls
If the foundation of your home or a retaining wall in your commercial building fails, you’re looking at thousands of dollars in damage—and even the possibility of serious injuries if the structure collapses. Some landscape and soil defects cause a ripple effect, damaging adjoining walls, structures, plumbing, electrical systems, appliances, and more.
What types of soil problems occur in the Houston area?
The soil in Houston and throughout Harris County includes various components, including sand, loam, and clay. The most prominent soil type in Houston proper is dark gumbo clay, or black soil, which is susceptible to erosion and water problems. Your contractor should be familiar with the type of soil in your area and should take necessary precautions to protect your property and complete your project without significant defects that could cause considerable damage in the future.
If your landscaping project, home, or commercial building has been affected by soil defects, you should talk to an attorney about what you can do to recoup your losses.
Who can be held responsible for landscape and soil defects?
Builders, contractors, and landscaping companies may be held accountable for landscape and soil defects that damage or devalue your property. They have an obligation to use the right materials for the jobs they perform and to anticipate problems with Houston black soil or other types of soil in the area where your property is located. Because these cases can be complex, be sure you work with a team of construction defect lawyers what has experience with soil defects. You should also take action as soon as you notice a problem. Waiting too long could limit your right to seek compensation.
Contact Our Attorneys About Your Landscaping or Soil Defect Case
If a contractor cuts corners and your property is negatively affected, they can and should be held responsible. You should not have to suffer because of someone else's error. Because there is limited time to act after construction has been completed, if you notice a defect in your landscaping or soil, it is important to seek the legal expertise of our firm. If faulty materials were used during construction, you may be entitled to a claim. You do not want to be the one who ends up having to pay hundreds of thousands of dollars to have your home or business rebuilt after construction defects. At Arnold & Itkin, we can investigate your case and fight to see you do not have to pay a penny you are not responsible for.
If you or someone you know is dealing with defective landscaping or soil problems, contact our construction defect lawyers at (888) 493-1629.