Texas Built Construction: Home Building Defect and Contract Claims
Texas Built Construction (a regional Texas homebuilder) faces consumer claims typical of the post-pandemic homebuilding industry: construction defects attributed to supply chain disruptions, subcontractor labor shortages, and accelerated building timelines that compromised quality control. Texas homebuilding litigation is governed by Chapter 27 of the Texas Property Code (the Residential Construction Liability Act, RCLA), which establishes specific pre-suit notice and cure procedures that homeowners must follow before filing suit against builders for construction defects.
The RCLA requires: written notice to the builder at least 60 days before filing suit specifying the claimed defects; the builder has 45 days to inspect the property; and the builder then has 45 days to make a written settlement offer or deny the claim. Only after this process (or if the builder fails to respond) can the homeowner file suit. Failure to comply with RCLA's notice requirements can result in abatement of the lawsuit and require the homeowner to restart the process, causing significant delay and potentially affecting the statute of limitations.
Texas Builder Warranty Obligations
Texas law (Texas Property Code Chapter 430) imposes implied warranties on new home construction: one year for workmanship and materials; two years for plumbing, electrical, HVAC, and other mechanical systems; and ten years for structural defects. Texas also requires builders to offer arbitration through a state-approved warranty program for most new homes. Consulting homebuilder defect attorneys can help evaluate your specific claim. The builder's express warranty cannot disclaim or limit implied warranty coverage below the statutory minimum, and the RCLA provides specific procedural steps to enforce these protections. Related: homebuilder defect litigation framework.
How to File a Claim or Get Help
If you believe you qualify based on the eligibility criteria outlined above, the next step is a free consultation with an experienced attorney who handles this case type. Most plaintiff-side attorneys offer no-cost initial evaluations and work on contingency, meaning you pay nothing unless your case results in a recovery. Bring any relevant documentation to your consultation: receipts, medical records, correspondence, or any evidence of the harm you experienced.
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Texas Built Construction Lawsuit: Who Qualifies and What Happens Next?: Frequently Asked Questions
Answers to the most common questions about this case and your legal options.
What is Texas Built Construction accused of?
Consumer claims against Texas Built Construction allege construction defects including water intrusion, foundation issues, HVAC failures, and workmanship deficiencies in homes built during the post-pandemic period. The claims follow the pattern of accelerated construction timelines and subcontractor quality control failures documented across Texas homebuilding during the supply-constrained 2021-2023 period.
What is the RCLA and how does it affect my Texas homebuilding claim?
The Residential Construction Liability Act (Chapter 27 of the Texas Property Code) requires homeowners to provide written notice of defects to the builder and go through a specific notice-and-cure procedure before filing suit. Missing RCLA requirements can result in your lawsuit being abated. Always consult a Texas construction defect attorney before filing or communicating formally with your builder.
What warranties does Texas law provide on new homes?
Texas implied warranties cover: one year for workmanship and materials, two years for systems (HVAC, electrical, plumbing), and ten years for structural defects. These are minimums, builder express warranties may provide longer coverage. The builder cannot disclaim these implied warranties in the purchase contract.
What defects are most common in Texas new construction?
Common Texas new construction defects documented in litigation: foundation movement (particularly in expansive clay soils), improper window and door flashing causing water intrusion, HVAC oversizing or undersizing for the home, inadequate attic ventilation, stucco and exterior cladding failures, and framing deficiencies. Texas's extreme climate creates specific construction challenges that improperly trained subcontractors frequently handle inadequately.
How do I start a defect claim against a Texas homebuilder?
Document all defects with photographs and dated written records. Review your builder's express warranty terms and the RCLA notice requirements. Send a written notice of defects by certified mail to the builder's registered agent, specifying each defect in detail. Allow the RCLA cure period to run before filing suit. Consult a Texas construction defect attorney before sending notice, the letter's content affects your legal position.
Legal Disclaimer
This article is for general informational purposes only and does not constitute legal advice or create an attorney-client relationship. Lawsuit eligibility, settlement amounts, and case status are subject to change as litigation develops. Always consult a licensed attorney in your jurisdiction before making legal decisions. LawsuitWatch is an independent journalism publication and is not a law firm. LawsuitWatch may receive referral compensation from affiliated legal service providers, which does not influence editorial content.