Construction Defects in Custom Homes

While no two custom homes are alike, many construction problems follow predictable patterns. Common defects include:

• Improper roof installation resulting in leaks or storm damage
• Cracking foundations or uneven settling due to poor soil prep
• Water damage from inadequate drainage or flashing
• Misaligned or unfinished framing, windows, or staircases
• Overstressed structural components from poor architectural execution
• Poor insulation or soundproofing inconsistent with the design plan
• HVAC or electrical systems installed outside of specifications

In some cases, defects arise because the contractor deviated from the plans without notifying the homeowner. In others, it’s a failure to properly sequence the trades or ensure site-specific engineering was followed.

Why Custom Home Defects Are Different

Custom homes carry unique expectations and often involve greater investment—both emotionally and financially. Unlike mass-produced tract housing, a custom home involves a highly individualized design, non-standard materials, and complex architectural or structural features. This complexity increases the margin for error, especially when:

• Builders aren’t familiar with the unique specifications of your home
• Subcontractors are unqualified or improperly supervised
• There’s poor communication between the architect, contractor, and owner
• Deadlines or cost-cutting override proper sequencing or safety protocols

In addition, custom homes often involve special materials, luxury finishes, or specialty systems, such as radiant heating, custom millwork, or smart home wiring, that require skilled installation. Mistakes in handling these features may not be immediately apparent but can lead to costly damage and disruption over time.

Custom builds also frequently use cost-plus or open-book contracts, which, while flexible, can blur accountability if corners are cut or budgets are exceeded without documented approval. Change orders mid-construction can compound the problem, creating confusion over who was responsible for what and when.

When something goes wrong, identifying who’s responsible, such as a builder, subcontractor, architect, or engineer, can be more complicated than in conventional builds, and holding them accountable often requires both legal insight and technical investigation.

Legal Claims for Custom Home Defects

If your custom home has serious issues, you may have multiple legal avenues to pursue. These include:

• Claims under the Texas Residential Construction Liability Act (RCLA) – This statute governs most defect claims and requires you to send written notice before filing a lawsuit.
• Breach of contract – If the builder failed to deliver what was promised in the written agreement, including materials, finishes, or timelines.
• Negligence – If poor workmanship or unlicensed/unqualified labor caused your damage.
• Warranty violations – Some builders offer express warranties. Others may trigger implied warranties of good workmanship and habitability.
• Professional liability – In cases involving architects or engineers, Texas law may require a certificate of merit to pursue a claim.

Each situation is fact-specific. We help clients determine the best legal path forward based on the nature of the defect and the parties involved.

How Fertitta & Givens Supports Custom Homeowners

• We work with construction experts to inspect the home and identify deviations from the plans or code.
• We prepare and deliver RCLA notice letters that comply with Texas requirements.
• We hold accountable all responsible parties—builders, architects, engineers, or subcontractors.
• We pursue negotiation, arbitration, or litigation, depending on what’s in your contract and what’s best for your case.
• We guide you through every step with one-on-one, honest service.

FAQ: Construction Defects in Custom Homes

Do Custom Home Defects Qualify for Legal Action?

Yes. Even high-end homes are subject to the same construction standards as any other project. If your builder failed to meet those, you may have a case.

Can I Sue the Architect or Engineer Too?

Possibly. Claims against design professionals often require a certificate of merit. We can help determine if that applies to your case.

How Do I Know If My Builder Breached the Contract?

We can review your original contract and compare it to what was delivered. If there are significant differences or clear omissions, you may have grounds for a claim.

What If I Only Noticed the Defect After Living in the Home for Some Time?

Many defects take months or even years to surface. Texas law gives most homeowners up to 10 years to file, but you should act as soon as you notice a problem.

At Fertitta & Givens, we understand the stress and frustration that comes with discovering serious issues in a home you designed from the ground up. We’re here to help you hold builders and professionals accountable and pursue the outcome you deserve.

Our firm represents custom homeowners in residential construct defect claims across Houston and throughout Texas. Call (346) 258-5803 or contact us online to schedule your FREE consultation.