Disputes between homeowners and home builders are an unfortunately common occurrence within the state of Texas. As attorneys with years of experience in real estate litigation, we know that all too often the reason for the dispute stems from unmet expectations. The finished home is not built quite like the homeowner had contracted for. Sometimes, it’s to the point where repairs or further construction is necessary because the initial construction was defective — or not done at all.
What Does Texas Law Say?
Homeowners who find themselves in such a predicament can proceed with remedying the defects themselves and moving on. However, if the defects are significant, that can be costly. Especially when they come on top of paying for the new home construction. If the homeowner needs or expects some form of compensation from the builder for the additional expenses it took to remedy the defects, the Residential Construction Liability Act (RCLA) is a guide for how to go about recovering expenses. Its requirements lay out how and why a homeowner may bring a claim against the builder for damages.
The RCLA was enacted to streamline real estate litigation. It encourages 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. So, what are the requirements under the RCLA?
RCLA Requirements
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. This 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. The builder then has an opportunity to offer to repair or remedy the defects themselves, or offer to pay a settlement so the homeowner may resolve the defects.
Why Is RCLA So Important?
Real estate litigation has clearly outlined rules and procedures in Texas. 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.
Real Estate Litigation in North Texas
If you are a homeowner or home builder currently finding yourself in an unfortunate residential construction 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 the real estate litigation process. We can help you more quickly resolve your dispute without the expense of court involvement. Contact us at
