Helping You Pursue Full Compensation For Commercial Construction Defects

When you commission a commercial construction project, you count on everything being done right. When the final product doesn’t meet the mark because of defects, it can have devastating effects on your business. When facing such a situation, you deserve advocates committed to pursuing the financial relief you need to protect your investment and goals for the future. Turn to our construction defect attorneys at The Loyd Law Firm.

We offer passionate, dedicated advocacy for commercial property owners across Texas. Our legal team is experienced, knowledgeable and trial-tested. Our firm’s founding lawyer, Shannon Loyd, is board-certified in consumer and commercial law by the Texas Board of Legal Specialization. We are here to stand up for you in your commercial construction defects case.

The Impacts Of Construction Defects

Construction defects occur when construction work falls short due to poor workmanship, safety violations or other oversights. Such flaws and weaknesses can cause significant damage to your commercial property, including:

• Foundation issues
• Mold growth
• Plumbing leaks
• Water damage
• HVAC issues
• Termite damage
• Electrical damage
• Roof and window damage

When such damages occur, they can deeply compromise your ability to use the property as intended and have major financial repercussions. In the face of this situation, your best interests need strong legal protection. Our construction defect attorneys are here to help.

What Legal Claims Could You Pursue?

There are various legal avenues available to businesses for seeking compensation from contractors for construction defects. Common claims include:

• Breach of contract: Alleging that contractor violated the terms of the construction contract
• Breach of warranty: Alleging that the work provided violated either an express warranty in the contract, or an implied warranty such as the implied warranty of good workmanship
• Negligent misrepresentation: Alleging that a contractor made false statements that you relied on to your determinant
• Negligence: Arguing that a contractor owed you a duty of care, that they failed to meet this duty and that this caused you to suffer harm
• Deceptive Trade Practices Act (DTPA): Arguing that a contractor engaged in deceptive practices that violated this Texas consumer protection law

Each situation is unique, and our construction defect attorneys can review your circumstances to help you understand what claims may be an option for you.

What Remedies Are Available?

The exact types of compensation you can pursue for a construction defect depend on the type of claim you are making. Common remedies include:

• Costs for repairs to fix the defects
• Compensation for market value lost because of the defects
• Costs for property damage caused by the defects
• Attorney fees

The terms of your construction contract may also influence what damages could be available. Our construction defect attorneys can explain what compensation could be on the table in your particular case and help you pursue maximum relief.

Proving Your Claim

What needs to be proven in a foundation claim or other construction defect lawsuit varies based on case type. The kind of claim you are pursuing also impacts what potential defense arguments you could face. So, having tailored legal strategies is critical. Our construction defect attorneys will engage in thorough evidence gathering and craft customized arguments to support your case.

What Is The Time Limit For Filing A Construction Defects Claim?

Timely action is crucial when it comes to responding to construction defects. Breach of contract or warranty claims generally have a four-year deadline from defect discovery, while claims of negligence, negligent misrepresentation and DTPA violations often have a two-year limit. Also, most claims cannot be filed more than 10 years post-construction, but exceptions exist. Our construction defect attorneys can advise you on what particular deadlines apply to your case.

Seeking To Effectively Resolve Your Case

There are a wide range of ways that construction defect lawsuits can be resolved. Common methods include:

• Settlement: You can reach terms with a contractor outside of court. Having skilled negotiators in your corner can be critical when it comes to this resolution route. Our team is ready to aggressively advocate for your best interests in settlement discussions.
• Arbitration/mediation: In arbitration, a neutral arbitrator listens to both sides and then issues a ruling. In mediation, a neutral mediator facilitates discussions between the two sides to try to help them reach a mutually acceptable agreement. Sometimes, a construction contract will mandate use of mediation or arbitration for defect disputes. We can guide you on your options when it comes to these alternative dispute resolution methods.
• Litigation: In some instances, taking your case to court may be necessary to fully protect your rights. Our trial-tested attorneys have a proven record in the courtroom and have what it takes to fight for you in this high-stakes environment.

Whatever option your case requires, our aim will always be to help you secure solutions that meet your needs and help you achieve your goals.

Addressing The Legal Complexities Of Construction Defect Claims

Construction defect claims are governed by a variety of laws. Which would apply to your specific situation depends on a range of factors. For instance, if the construction project your company commissioned is intended for residential purposes, such as an apartment or condominium complex, your construction defect claim would likely be under the rules and requirements of the Texas Residential Construction Liability Act. So, understanding what laws play a role in your case, and what they mean for your rights and options is essential. Our knowledgeable construction defect attorneys are ready to advise you on this critical issue.

Put Trusted Advocates In Your Corner

Don’t let construction defects undermine your investment. Protect your rights by putting our proven experience on your side. Let our construction defect attorneys fight for the compensation you deserve. Contact us today to discuss your case by calling 210-775-2234 or reaching out online.