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Contractor Liability

Fort Worth Consumer Lawyer :: Dallas Consumer Lawyer :: DTPA Lawyer

When you hire a contractor to remodel or build your home you have to put your trust in the contractor to do the job you paid for and the construction will be done in a safe and responsible manner. You would never hire a contractor to build on your home knowing the contractor was going to do defective work. Unfortunately contractors don’t always live up to expectations and the work is either incomplete or defective. The result of defective home construction can be more than just aggravation. Defective home construction and remodeling can result in substantial financial loss and loss of use of your home. You have a right under Texas law to receive the remodeling and construction work you contracted and paid for. When you suffer defective work by a contractor you are entitled to recover to get the work done right. Consumer attorney Adam Kielich can help you get what you deserve from a contractor.

Legal Remedies for Defective Home Construction

Residential Construction Liability Act

In Texas most defective contractor work will be resolved under the Residential Construction Liability Act (RCLA). RCLA provides a process to entice both contractor and homeowner to come together to resolve defects in the contractor’s work without turning the defective work into lengthy litigation. As a homeowner it is often not in your best interests to have defective work on your home sit for month or years while litigation is ongoing. That is especially true if you have water damage or a dangerous condition where continuing to let the defective work sit only adds to the risk of harm to you and your home. As part of the RCLA resolution process there is a balancing act of remedies to the parties. On one hand, the contractor’s liability is limited to repairing the defective work and the cost of getting the contractor to repair the work. Many of the other monetary remedies available in other lawsuits are not available under the RCLA to encourage contractors to resolve the defective work in a timely manner. As a homeowner you are entitled to recover the costs of getting the contractor to perform his or her job including attorney’s fees and costs for any experts hired to assess the defective work and the repairs necessary to cure the defects.

Hiring an attorney to represent you in an RCLA resolution can help you get the contractor to repair the defective work and get your home into the condition it should have been if the work had been done correctly the first time. Unlike many other types of lawsuits, the RCLA mandates the contractor pays reasonable attorney’s fees as part of the resolution so the homeowner is not on the hook for paying for an attorney to provide legal representation. Additionally, an attorney can help you avoid getting stuck spinning your wheels trying to negotiate with the contractor to repair the defective construction. Often contractors want to move on from one job to the next and not have to lose time or money returning to previous work to make repairs. That incentivizes the contractors to promise to repair their work but then never show up. They may continue to promise to come out only to have the defect get worse with time. There is no reason to suffer defective home construction.

Other Legal Remedies

Under the RCLA a contractor may limit your legal remedies to the RCLA resolution process for defective home repair; however, if the contractor fails to take appropriate steps to invoke the RCLA the homeowner may opt to pursue other legal remedies. A homeowner who suffered defective home construction or remodeling can file suit under a variety of legal claims like breach of contract, breach of implied or express warranties and claims under the Deceptive Trade Practices Act. These remedies can provide greater financial compensation than working through the RCLA but the homeowner may have to endure living with the defective work or paying for repairs until a judgment against the contractor is received. Then the homeowner must work to collect from the contractor. Bringing contractors to court under the Deceptive Trade Practices Act can be very effective in obtaining relief from the contractor so homeowners are not without remedy under Texas law.

How I Can Help You Recover for Defective Home Construction

My goal for clients is almost always to get the repairs completed as soon as possible even if the client could recover a larger sum of money from the contractor. Most clients do not have large sums available to pay for a second round of construction to cure the defective work while waiting through a trial so it is often the better solution to get the home fixed. As a trial attorney I am not afraid to take contractors to court but my job is to do what is best for my clients. Under the RCLA and other legal claims you can recover attorney’s fees from the contractor so there is very little reason not to bring in an attorney to help you find a successful resolution to your problem. Contact my office to learn more about how I can help you obtain relief from the contractor.

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