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Landscape & Soil Defects

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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 Soils
    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.
  • Collapsing Soils
    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
  • Pavement
  • Driveways
  • Patios
  • Pavers
  • Foundations

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.

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  • $8 Billion Top 3 Largest Jury Verdict in U.S. History Arnold & Itkin LLP tried a Risperdal case against Johnson & Johnson for failing to warn about one of the drug’s most damaging side effects: gynecomastia. Our skill, hard work, and dedication resulted in the third-largest jury verdict ever obtained ...
  • $357 Million Largest Workplace Accident Settlement in Texas history Arnold & Itkin LLP secured a massive nine-figure settlement against a transnational corporation for a workplace incident. The settlement set a Texas record for being the largest personal injury settlement in the state’s history.
  • $222 Million Record-Breaking Verdict for Widow Our firm won $222 million for a woman who lost her husband in an industrial accident caused by a faulty valve. We took the case to trial because the at-fault company refused to take responsibility. The jury saw through the corporate lies and double ...
  • $205 Million Confidential Settlement Obtained for Numerous Clients Arnold & Itkin reached a record $205,000,000 settlement on behalf of clients after several years of hard-fought litigation. The case settled just before trial was set to begin.
  • $171 Million One of the Largest Confidential Settlements in History Arnold & Itkin worked over the course of several years to represent clients in a case that many other law firms turned down. In the end, we were able to obtain a record-setting confidential settlement of $171 million.
  • $117 Million Largest Single-Event Personal Injury Verdict in Louisiana History Arnold & Itkin represented a pregnant woman who experienced stomach pain and called Acadian Ambulance. The driver of the ambulance drove the ambulance into the back of a sugar cane truck causing the plaintiff's spine to be severed at T4 and for her ...
  • $116 Million Confidential Settlement Arnold & Itkin LLP negotiated a massive nine figure settlement on behalf of their clients after several years of hard fought litigation.
  • $110 Million Record Settlement Achieved for Victims of Defective Products Arnold & Itkin obtained a record settlement for individuals harmed by defective, dangerous products. The result exemplifies our commitment to clients and justice for those seriously injured by the conduct of others.
  • $105 Million Record Settlement for Dangerous Product Victims Arnold & Itkin’s legal team helped represent those harmed by dangerous products. We were successful in recovering a $105 million settlement.
  • $97 Million Massive Settlement Secured for Refinery Workers Arnold & Itkin is proud to share that after months of preparation for trial, our firm was able to secure a huge settlement for clients who were injured in a refinery fire. Find out more now.
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