Construction Defects Caused by Water Penetration
Water Intrusion Isn’t Just a Nuisance – It’s a Sign of a Serious Construction Defect
If you’ve discovered signs of water seeping into your home, whether it’s wet drywall, bubbling paint, warping floors, or water pooling near your foundation, don’t dismiss it as just a one-off leak. Water penetration in a newly constructed home is often the result of substandard construction, design flaws, or improper materials. And if left unchecked, it can result in expensive repairs, structural instability, and even health hazards like mold.
At Fertitta & Givens, we represent Texas homeowners dealing with the fallout of poor construction practices that lead to water intrusion. From homes in Houston subdivisions to properties in growing master-planned communities like Bridgeland, Sienna, and Aliana, we know how to expose construction defects and hold builders accountable.
Call (346) 258-5803 or contact us online if your home is suffering from water penetration issues. We’ll help you understand your rights and whether you have grounds to pursue a residential construction defect claim.
How Construction Defects Lead to Water Penetration
Texas homes are built to withstand a lot – heat, humidity, storms, and sudden downpours. But when builders cut corners, water finds its way in.
Defects in a home’s envelope (roofing, siding, flashing, windows, and foundation) are the most common contributors to water intrusion. Inadequate waterproofing, poor grading, and rushed workmanship all increase the risk of long-term water problems.
Common construction issues that lead to water intrusion include:
- Improper roof installation or flashing
- Faulty window and door seals
- Incorrectly applied stucco, brick veneer, or siding
- Unsealed wall penetrations for plumbing or HVAC
- Poorly graded soil directing water toward the foundation
- Missing or defective vapor barriers
- Foundation cracks from improper soil preparation
Many of these defects are hidden until symptoms appear, and by then, the damage may already be significant.
What Water Intrusion Can Cost You
Water intrusion is more than just an inconvenience. It can cause lasting harm to your home, finances, and health:
- Rotting wood framing and compromised structural supports – Moisture-damaged framing weakens load-bearing walls and compromises your home’s safety.
- Foundation movement, settling, or heaving – Improper drainage or groundwater infiltration can shift your home’s foundation, resulting in cracking, misaligned doors and windows, and uneven flooring.
- Damage to insulation, flooring, drywall, and cabinetry – Moisture deteriorates building materials from the inside out, leading to costly replacements and renovations.
- Electrical hazards and corrosion – Water exposure can damage wiring, increase fire risk, and corrode important systems like HVAC and plumbing.
- Mold growth and airborne contaminants – Water that isn’t properly addressed can lead to mold, mildew, and other biohazards that affect indoor air quality and human health.
- Loss of property value and insurability – Water-damaged homes are harder to sell, often appraise lower, and may become ineligible for certain types of insurance coverage.
In many cases, signs of water intrusion are dismissed or underestimated until the damage is advanced and expensive to repair. That’s why it’s critical to have a professional evaluate the cause of the issue and determine if defective construction is to blame.
Who Is Responsible for Water Penetration in New Homes?
In Texas, multiple parties can be held accountable for water intrusion caused by defective construction, including:
- The homebuilder or general contractor
- Subcontractors who installed windows, roofing, or siding
- Developers who oversaw the site grading or drainage planning
- Architects or engineers who failed to account for water flow or regional climate conditions
Our firm works with independent building experts and forensic inspectors to identify where the failures occurred, and who should be held legally and financially responsible.
How Water Intrusion Claims Work in Texas
If you believe your home has suffered water damage due to defective construction, you may have a legal right to pursue a construction defect claim. Here’s how the process typically works:
- Initial Evaluation – We start by reviewing the symptoms you’ve observed (like staining, warping, leaks, etc.) and discuss the history of your home’s construction or warranty.
- Professional Inspection – We bring in construction experts to inspect the property, document any defects, and determine the cause of the water intrusion.
- Legal Notice – Under Texas law, most claims must follow the Texas Residential Construction Liability Act (RCLA), which requires sending written notice to the builder and giving them a chance to inspect and offer a fix.
- Settlement or Lawsuit – If the builder fails to respond or refuses to resolve the issue fairly, we can pursue compensation through settlement negotiations or by filing a lawsuit.
- Recovery – Compensation may include repair costs, temporary housing expenses, loss of property value, and in some cases, attorney’s fees and damages for breach of contract or warranty.
These claims can be technical and time-sensitive. Getting an experienced construction defect lawyer involved early gives you the best chance of recovering the compensation you deserve.
How Fertitta & Givens Helps Homeowners with Water Penetration Claims
- We conduct a detailed investigation to determine how and where water is entering your home.
- We bring in qualified construction defect experts to document issues and testify if needed.
- We help you understand your rights under Texas law, including warranty protections and deadlines.
- We take on insurance companies and builders that deny responsibility.
- We provide personalized, honest legal guidance and communicate every step of the way.
We’ve stood up for homeowners in Harris County, Montgomery County, Fort Bend County, and across the state of Texas who were left with expensive water damage and no help from their builder. We know how to fight back.
Construction defect cases involving water penetration often require legal action to get results. Builders and insurers may delay, deflect, or outright deny responsibility. Our trial team has the experience, resources, and determination to help.
Call (346) 258-5803 or reach out online to schedule a consultation.
FAQ: Water Penetration and Construction Defects
What Are the Signs of Water Penetration Caused by Construction Defects?
Look for water stains, peeling paint, warped floors, musty odors, or pooled water near your home’s foundation, especially in new construction.
How Long Do I Have to File a Claim for Water Intrusion in Texas?
Texas law allows up to 10 years from substantial completion to file a claim, but certain types of claims (like warranties or notices) may have much shorter deadlines. Talk to an attorney as soon as possible.
Is Water Damage Covered Under My Builder’s Warranty?
Possibly. Most Texas new home warranties include 1-year workmanship and 10-year structural defect coverage. Whether your damage qualifies depends on the cause.
Do I Really Need a Lawyer for a Water Penetration Issue?
Yes. Builders and insurers rarely admit fault. A lawyer can help uncover the defect, prove liability, and push for the compensation you deserve.
