Construction Defects in New Construction

Even when everything looks clean and new on the surface, serious defects may be lurking behind the drywall. Some of the most common problems include:

• Roof leaks due to improper flashing or installation – Homeowners may notice stains on ceilings, dripping during storms, or unexplained dampness in attic spaces.
• Cracks in foundations or slab movement from poor soil preparation – These can show up as diagonal wall cracks, sticking doors, or uneven flooring.
• Water intrusion through windows, doors, and stucco – Often caused by improper sealing, allowing moisture to penetrate and lead to mold, swelling wood, or rot.
• Warping floors, sagging ceilings, or misaligned framing – These symptoms point to poor structural work or the use of substandard materials that can worsen over time.
• Poorly installed HVAC, plumbing, or electrical systems – Defects in these systems can cause inconsistent heating and cooling, leaks behind walls, or frequent electrical problems.
• Insufficient insulation, ventilation, or moisture barriers – These issues can affect energy efficiency, air quality, and long-term durability.
• Defective or substandard building materials – From warped lumber to faulty stucco or brittle piping, poor material quality increases the risk of future failure.

While some of these issues are obvious, others may remain hidden until the first major storm, seasonal shift, or utility inspection. In many cases, homeowners only discover defects after visible symptoms appear, and by then, the cost of repair may be significant. but become apparent within the first months or years of ownership.

Why Construction Defects Happen in New Homes

New home construction often involves multiple subcontractors working on tight deadlines. Volume builders sometimes prioritize speed and cost-cutting over quality, leading to:

• Rushed workmanship
• Lack of proper oversight
• Inadequate inspections
• Poor-quality materials

Builders such as Lennar, D.R. Horton, Perry Homes, and LGI Homes are responsible for thousands of homes in Texas master-planned communities. While many homes are delivered without issue, others suffer from the kind of defects that give rise to legitimate legal claims.

Your Rights Under Texas Law

Texas law protects homeowners from defective construction, but you must act quickly and follow proper procedures. Most new construction defect claims fall under:

• The Texas Residential Construction Liability Act (RCLA), which requires you to provide written notice to the builder before filing a lawsuit. This notice must outline the specific issues and give the builder a chance to inspect and offer a repair.
• Express or implied warranties, which may include coverage for workmanship, systems (like HVAC or plumbing), and structural components. These warranties often follow a 1-2-10 format, but their terms vary by builder and may contain limitations or exclusions.
• Negligence or breach of contract claims, especially when the builder fails to follow code, deviates from approved plans, or uses unlicensed subcontractors.

In addition to these legal bases, homeowners may also have claims under the Texas Deceptive Trade Practices Act (DTPA) if the builder misrepresented the quality or scope of the home during the sale.

Texas also has a 10-year statute of repose, meaning most claims must be brought within 10 years of the home’s substantial completion. However, warranty deadlines and notice periods can be much shorter.

How the Claims Process Works

Here’s what to expect if you pursue a new construction defect claim:

1. Inspection and Documentation – We coordinate professional evaluations to identify defects and assess their cause.
2. RCLA Notice Letter – We formally notify the builder, triggering a legal timeline for response, inspection, and potential offer.
3. Evaluation of Warranty Coverage – We review any applicable builder warranties and determine whether repairs are required or covered.
4. Negotiation or Litigation – If the builder fails to provide a fair remedy, we can escalate the matter through pre-suit negotiations or file a lawsuit.
5. Resolution and Recovery – Successful claims may cover the full cost of repairs, temporary relocation, loss of value, and in some cases, legal fees.

Builders and insurers often make the process difficult to navigate. We’re here to level the playing field.

FAQ: Construction Defects in New Homes

What Should I Do If I Discover a Defect in My New Home?

Start documenting the problem with photos, dates, and communications. Then contact an attorney to preserve your rights and avoid missteps.

Do Builder Warranties Cover These Issues?

Possibly. Many Texas homes come with a 1-year workmanship, 2-year systems, and 10-year structural warranty. But not all defects qualify, and enforcement can be difficult without legal help.

Can I Still Sue If the Builder Offers Repairs?

Yes, especially if the repairs are incomplete, delayed, or don’t actually fix the underlying issue. You have the right to reject inadequate offers.

How Long Do I Have to File a Construction Defect Claim?

Up to 10 years from the date of substantial completion, though some deadlines (like for warranty or notice) are much shorter. Don’t wait.

Buying a new home should be the start of something great—not the beginning of costly repairs and legal battles. If you’ve discovered structural flaws, moisture problems, or other signs of poor workmanship in your newly built Texas home, we’re here to help.

At Fertitta & Givens, we stand up for homeowners against powerful builders and national developers that too often leave families with unsafe or defective homes. We proudly serve clients throughout Houston, Galveston, League City, Texas City, and beyond.

Call (346) 258-5803 or contact us online to request your FREE consultation today.