Whenever a person or a business in Texas undertakes to build something issues are likely to surface. Construction takes time and things can change drastically over time. Plans may need to be altered. Costs for supplies can increase or decrease.
General contractors and subcontractors have to take such matters into consideration and try to anticipate them to the extent they can. And that anticipation needs to be reflected in the construction contracts that are drafted and signed. Proper preparation ahead of breaking of ground is typically the best way to be sure that if design or construction defect claims are brought, they can be addressed in the most effective way possible.
And it may be important to keep in mind that the law that may have been in effect last year might not be the same as the law in effect this year. Texas law related to construction seems to undergo major changes every time politicians gather in Austin.
One aspect that deserves special attention in any construction defect complaint is time. Many states have laws that set specific time frames for taking action when suspected defects are discovered. Sometimes these statutes of limitation are not codified in the law, but are established under terms of insurance policies.
For example, in instances of apparent mold issues, insurance policies generally set the time frame for making a claim at 30 days after discovery.
The law regarding how long consumers have to file a complaint for construction defect can vary by state. In Texas, contractors need to be aware that the statute of limitations may be two or four years depending on the circumstances.