Construction Defects in Condos and Townhomes
Shared Walls, Shared Problems: Legal Help for Condo and Townhome Defects
When construction defects appear in a condo or townhome, the impact often reaches beyond a single unit. Shared walls, roofing systems, foundations, and plumbing mean one defect can compromise multiple homes. And if your builder, developer, or contractor cut corners, you shouldn’t be left paying the price.
At Fertitta & Givens, we represent individual homeowners, associations, and residents in Texas who are dealing with serious construction issues in condo and townhome communities. Whether you’ve noticed water intrusion, cracking, mold, or failed building systems, we can help you understand your rights and options for pursuing a claim.
Why Choose Fertitta & Givens?
- We represent real people—not corporations—and we don’t back down from powerful builders or insurance companies.
- Our lawyers are trial attorneys with experience litigating claims involving residential construction defects.
- We offer hands-on, one-on-one representation throughout your case.
- We’ve helped clients across Texas, including in Houston, Katy, The Woodlands, and beyond.
We understand how community-wide defects affect everyday people and are proud to serve individuals and associations across Houston and beyond. Call (346) 258-5803 or contact us online to schedule a free consultation.
Common Defects in Texas Condo and Townhome Construction
Because condos and townhomes involve both individual ownership and shared infrastructure, a single construction flaw can result in widespread damage. Common issues include:
- Roofing or siding failures that affect multiple units
- Leaky or poorly sealed windows and balconies
- Improper waterproofing of decks and exterior walkways
- Insufficient fire or soundproofing between units
- Foundation settling or structural movement across buildings
- Poor drainage or grading affecting the property as a whole
- Shared plumbing or HVAC systems with systemic flaws
These problems not only affect safety and livability but can drastically reduce property values for an entire building or complex.
Who Can Bring a Claim for Construction Defects?
- Individual Unit Owners can pursue claims for defects within their own unit or for damages that directly impact their home.
- Homeowners’ Associations (HOAs) or condo associations often have the right—and in some cases, the obligation—to pursue legal action on behalf of the entire community for common-area defects.
- Groups of Residents may also coordinate claims for similar or related construction failures that span units or buildings.
Our firm can help you understand who has standing to bring the claim, what notice or documentation is required, and what your legal options are.
How Defect Claims Work in Condo and Townhome Communities
Construction defect claims in condo and townhome communities typically follow these steps:
- Inspection and Evaluation – We work with engineers and inspectors to assess the full extent of the defect and whether it affects shared or individual components.
- Documentation and Legal Notice – In Texas, the Residential Construction Liability Act (RCLA) requires providing written notice of defects to the builder before a lawsuit can proceed.
- Negotiation or Litigation – If the builder refuses to repair or settle, we’ll take legal action to recover repair costs, damages for reduced value, and attorney’s fees where applicable.
- Remediation – Whether by settlement or judgment, the ultimate goal is to fund proper repairs and restore safety and value to the property.
Condo and townhome defect claims are often complex due to overlapping responsibilities between owners, associations, and developers. Our team has the experience to navigate those layers and pursue the best path forward.
FAQ: Condo and Townhome Construction Defects
What If My HOA Refuses to Act?
You may still have the right to bring an individual claim, especially if your unit has been directly impacted. Our attorneys can evaluate your options.
Can a Condo Association Sue for Construction Defects?
Yes. Associations can file claims on behalf of the community for issues affecting shared spaces, common walls, roofs, drainage, and more.
What Types of Damages Are Available in These Cases?
Recoverable damages may include repair costs, diminished property value, temporary housing if relocation is required, and sometimes attorney’s fees.
Do These Claims Have a Deadline?
Yes. Most claims must be brought within 10 years of substantial completion, and notice deadlines may apply under Texas law. Act quickly to protect your rights.
Fertitta & Givens is a trusted Texas trial practice known for helping real folks and families fight back against corporations that prioritize profits over people. If you have questions about a potential construction defect claim involving a condo, townhome, or other multi-family housing unit, we want to help.
Our townhome and condo defect attorneys represent clients across Houston and the state of Texas. Call (346) 258-5803 or contact us online to request a FREE consultation.
