Landscape & Soil Defects in Construction
Construction defects reduce the value of your property and can cause physical harm to those who occupy the residence. It's natural for wear and tear to occur to 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. When landscaping a property, there are two types of soil that can cause issues if the proper strategy is not used in installation.
- Expansive Soils - Expansive soil is just that, it expands. The soil in this case can swell and create pressure that may cause cracks and sinking in your landscaping, even shifting the pavement and walls.
- Collapsing Soils - When this type of soil is used, it is loosely packed and can become mushy and clay-like. This type of soil, 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, and if not done properly, can even pose some health risks.
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 ten years after the completion date. 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 a potential defect is examined and determined a defect, then the contractor must pay to have it fixed or fix it themselves.
How a Houston Business Lawyer Can Help
If a contractor cuts corners and your property is negatively affected, they can and should be held responsible. You shouldn't 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 a Houston business lawyer from our firm as soon as you can. If faulty materials were used during construction of your property, you may be entitled to a claim. You don't 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 that you don't have to pay a penny that you are not responsible for.
If you or someone you know is experiencing construction defects, contact our business litigation lawyers today.