Texas construction-defect attorneys know that the Residential Construction Liability Act requires pre-suit notice. The problem is not usually that counsel forgets to send an RCLA notice. The problem is that the notice may preserve the claim procedurally while damaging it technically. Those are different issues. Texas Property Code § 27.004 requires the claimant to give written notice by certified mail, return receipt requested, before the 60th day before initiating an act

Construction-defect litigation often focuses on workmanship. Experts evaluate flashing installations, movement joints, drainage systems, sealants, mortar, and countless other details that may contribute to a building failure. While workmanship is unquestionably important, an equally significant question is frequently overlooked at the outset of the investigation: What material was selected in the first place, and what body of knowledge existed regarding its long-term performa

Spray polyurethane foam insulation has become a common component of residential construction throughout Texas, particularly in custom homes, conditioned attic assemblies, and energy-efficient building designs. When properly installed, spray foam can provide excellent thermal performance and air sealing. When installation defects occur, however, the resulting problems often extend far beyond elevated utility bills or comfort complaints. Improperly installed spray foam can affe

For an organization that has spent decades regulating the width of stair nosings, the spacing of balusters, the placement of nail plates, and the exact geometry of handrails, the International Code Council has remained remarkably allergic to defining one critically important concept: what exactly constitutes competent workmanship? That omission is not accidental. It is structural to the entire ICC framework because the ICC family regulates construction through prescriptive mi

Portland-cement stucco remains one of the most litigation-prone exterior cladding systems used in residential construction throughout Texas and other high-heat, high-moisture regions of the United States. Although marketed as durable, attractive, and low-maintenance, modern stucco assemblies routinely exhibit moisture intrusion, cracking, drainage failure, concealed deterioration, and premature system breakdown when compared to more forgiving veneer systems such as brick maso

This article should make clear that it is intended for educational and forensic discussion purposes only and does not constitute legal advice, legal opinions, or case-specific litigation strategy. Attorneys must evaluate the facts, procedural posture, governing contracts, statutory framework, and applicable law independently in each matter. Builders frequently defend defect claims by compartmentalizing issues into isolated trade errors. Improper sequencing undermines that d

Few phrases are more strategically valuable to residential builders than “normal settling.” The term appears constantly in warranty responses, builder correspondence, consultant reports, and pre-litigation communications because it accomplishes several defense objectives simultaneously. It minimizes visible distress, reframes structural movement as inevitable ownership reality, discourages escalation, and most importantly, suppresses early causation development before meaning

In Texas residential construction defect litigation, few documents are afforded more immediate and disproportionate credibility than the post hoc engineer letter. Builders, warranty administrators, insurance carriers, and defense counsel routinely rely on these documents to recharacterize observable construction defects as acceptable conditions, isolated cosmetic concerns, or engineered deviations that purportedly fall within permissible tolerances. In many cases, the practic

In construction disputes across Texas, one issue consistently drives outcomes: What is the actual cost to repair the defective or disputed work? While that question appears straightforward, the answer is anything but. Recent industry analysis has highlighted a growing reality: construction cost estimating is increasingly volatile, assumption-driven, and difficult to rely on—especially in legal settings. For attorneys handling construction defect, breach of contract, and d

In residential construction litigation, the same defenses appear repeatedly. They are familiar, predictable—and often ineffective when examined against enforceable standards. This article breaks down the most common builder defenses and explains why they fail under a proper forensic and code-based analysis. 1. “It Passed Inspection” This is the most frequently asserted—and most misunderstood—defense. Municipal inspections are limited in scope, non-exhaustive, and govern

Residential drainage defects are among the most common and most frequently misunderstood issues encountered in construction defect litigation. A recurring misconception among homeowners, builders, and at times legal counsel is that a passed municipal inspection confirms proper drainage. It does not. Municipal approval reflects a limited-scope inspection process and should not be interpreted as confirmation of code compliance or functional drainage performance under actual con

In single-family residential construction defect cases, some of the most important evidence does not last. It dries out, gets covered up, is demolished, is repaired, is repainted, is replaced, or simply changes with time. By the time litigation matures and counsel, carriers, adjusters, and opposing experts are fully engaged, the original condition is often gone. In those cases, the construction defect expert witness is not merely an observer. He becomes the recorder of a cond

In new single-family residential construction, some of the most important defects are visible only for a short time. Once the next stage of work begins, key details are buried behind concrete, cladding, insulation, drywall, trim, and finishes. By the time the house is complete, the original condition may no longer be visible at all. That is why phase inspections matter. They allow the work to be evaluated while the facts are still in plain view, instead of later trying to rec

Texas residential construction defect litigation frequently begins with a homeowner who believed that “it passed inspection” meant the structure was independently verified. It does not. The ICC framework, the IRC administrative provisions, and longstanding public duty doctrine collectively establish a regulatory structure that protects the public at large - not the individual purchaser. Understanding that structure is critical when evaluating liability allocation, discovery s

A recent Houston Chronicle article reported that a Texas homeowner publicly protested outside the headquarters of David Weekley Homes , claiming his newly built home contained serious defects and that his attempts to resolve them had stalled. This was not a social media complaint. It was a public protest aimed at forcing attention. Regardless of the ultimate merits of that specific dispute, the event highlights several realities in Texas residential construction that buyers

In a significant percentage of Texas production builder sales contracts, there is no explicit contractual covenant requiring construction in strict compliance with the adopted building codes. That omission is not stylistic. It is structural. And it materially alters litigation posture. I. Public Law Requires Code Compliance. The Contract Often Does Not. Municipal authority to adopt building codes derives from: Texas Local Government Code § 214.212 (municipal authority) Tex

Patio covers and outdoor kitchens are routinely mischaracterized as minor residential improvements. In Texas construction-defect litigation, insurance disputes, and post-loss investigations, they function as the opposite: high-risk, multi-discipline construction projects that frequently evade permitting, inspection, and code compliance. From an expert and evidentiary standpoint, these projects exhibit a disproportionate rate of structural failure, electrical and gas violation

Purpose and Scope This discussion addresses a recurring analytical and litigation error in Texas residential construction disputes: the treatment of a builder’s limited warranty as a substitute for statutory, contractual, and code-based obligations. In Texas, a residential construction warranty is not a defense to defective work, nor does the denial of warranty coverage excuse noncompliance with adopted building codes, manufacturer installation requirements, or statutory duti

Attorneys who handle residential construction defect litigation, insurance disputes, and DTPA cases see this pattern repeatedly. A storm, fire, or plumbing loss occurs. The carrier dispatches-or the homeowner independently hires-a national “disaster cleanup” brand. The marketing pitch is remediation, mitigation, and speed. What actually follows is something far more troubling: wholesale remodeling work performed by entities that were never hired, never qualified, and never le

In residential construction trade litigation, attorneys routinely turn to licensed tradespeople—plumbers, electricians, HVAC technicians, roofers, and similar contractors—with the expectation that technical competence in the field translates into competence as an expert. In practice, this assumption frequently proves false. This article addresses a recurring and underappreciated problem in construction litigation: most tradespeople are capable of inspecting and repairing work