Disputes between homeowners and home builders in Texas, regarding the construction of residential homes, are an unfortunately common occurrence. By applying the terms of the Residential Construction Liability Act, our team at Lovelace Law works with both homeowners and home builders to find faster, more cost-effective solutions.
Oftentimes, the home is not built quite like the homeowner had contracted for, sometimes to the point where repairs or further construction is necessary because the initial construction was defective or not done at all. Homeowners in such a predicament may proceed with remedying the defects themselves and moving on. However, if the defects are significant, and the homeowner expects some form of compensation from the builder for the additional expenses it took to remedy the defects, the homeowner should be advised of the Residential Construction Liability Act (RCLA) and its requirements before a homeowner may bring a claim against the builder for damages.
What is the Residential Construction Liability Act?
The Residential Construction Liability Act was enacted to encourage homeowners and home builders to resolve their disputes before a lawsuit is filed. As such, the RCLA has certain requirements that must be met prior to filing a lawsuit for damages in connection with defective residential construction work.
What are the requirements under the RCLA?
Most importantly, the RCLA requires that before the homeowner files a lawsuit the homeowner must first send written notice via certified mail to the home builder which notifies the home builder of the construction which the homeowner alleges is defective, and further gives a description of why the construction is allegedly defective. The RCLA then provides a period of time for the home builder to come and inspect the homeowner’s noted concerns, and then provides the home builder an opportunity to offer to repair or remedy the defects themselves, or offer to pay a settlement to the homeowner for the homeowner to resolve the defects.
If the homeowner does not go through the above process in accordance with the RCLA, the homeowner’s lawsuit may be abated, or put on hold, until the above requirements are properly met. In addition, if a home builder during the RCLA process offers to pay a settlement the homeowner refuses, the homeowner may be limited to the amount of damages they may claim in a subsequent lawsuit.
Are you in a residential construction dispute?
As such, if you are a homeowner or home builder currently finding yourself in a dispute, it is important you are familiar with the RCLA’s process and the requirements and rights it provides! The attorneys here at Lovelace Law would be happy to assist you with this process, and help you resolve your dispute without the expense of court involvement! Contact us today.