Whether someone cooperates with a developer offering bespoke finishes on homes in a new development or someone custom builds their dream home on a specific parcel, that new home should be comfortable and safe to occupy. People often pay a premium price to live in a space finished to meet their personal preferences.
Unfortunately, there is no guarantee that every newly-constructed home can withstand the ravages of intense Texas weather. For example, every year, thousands of Texas families may have to invest in massive repairs to their homes because of foundation issues. Sometimes, the issues are so severe that people cannot safely live at the property until after the completion of repair work.
Foundation issues can be very expensive to fix. Can those who recently built a home pursue a construction defect lawsuit over significant foundation issues?
Many foundation issues are preventable
The climate in Texas is to blame for a large number of foundation failures every year. Specifically, the extreme heat and changes in moisture levels can cause clay to expand and contract. Builders need to take this into account, especially when using a slab foundation.
Professionals should evaluate the building site to determine how much risk there is for heat and moisture-related soil heave. If the builder recognizes that the location is likely to experience moisture or heat-related ground movement they can take the necessary steps to minimize the risk of those movements damaging the property.
In some cases, builders may recommend special interventions, only to have budget-conscious -property owners refuse. If the builders never acknowledged the risk or if the property experiences substantial foundation damages shortly after people take occupancy, then they may have grounds to bring a construction defect claim against the company that designed or built the home.
The longer it has been since the construction of the property, the harder it may be to convince the course that the damage is solely due to improper design or construction practice. It may sometimes be necessary to bring other professionals out to review the property’s condition. Contract reviews are also often an important part of litigation initiated due to poor work on a construction project.
Pursuing a construction defect claim could help people recoup the major costs that arise when a crucial system for the home fails. Those who are grappling with foundation defect concerns can potentially benefit from seeking legal guidance accordingly.