You have worked hard to build a reputation as a reliable contractor in the Dallas-Fort Worth area. However, even the most diligent roofing or concrete professionals can face a disgruntled homeowner. If you receive a formal notice citing a construction defect, your response in the next few weeks is critical.
This notice is not just a complaint. It is a legal hurdle that determines how a potential lawsuit will proceed. To protect your business and your financial health, you should follow these three steps immediately.
Submit a settlement offer within 60 days
Texas law allows you to make an offer to settle the claim before it reaches a courtroom. You must typically provide a written settlement offer within 60 days of receiving the initial notice. This offer can include repairs for the defect, a cash settlement, or a combination of both.
Failing to provide a timely, reasonable offer can result in the loss of statutory protections. These protections often limit the damages and attorney’s fees a homeowner can recover. Furthermore, if a homeowner accepts an offer to repair, you generally must complete those repairs within 60 days of their acceptance.
Review your original construction agreement
Because Texas is a “freedom of contract” state, your original construction agreement often dictates your liability. However, the state’s Property Code provides this specific pathway to resolve disputes before they spiral out of control. This process protects contractors from certain claims while ensuring homeowners have a way to fix real problems.
Understand the 35-day inspection window
You have a legal right to see the alleged issues for yourself. Under the Texas Property Code, you have the right to request and conduct up to three inspections of the defects within 35 days of receiving the notice.
Before you admit any fault or offer a refund, schedule a time to view the property. Whether the homeowner claims the foundation is cracked or the new roof leaks, you need documented evidence. Therefore, you should prepare to document every detail of the site during your visit.
- Take high-resolution photos of the specific areas mentioned in the notice.
- Bring a trusted foreman or subcontractor to provide a second set of eyes.
- Document whether the issue was caused by the homeowner’s lack of maintenance.
You must gather this information to build a factual defense against the claims.
Strategic help for your construction business
Navigating a construction dispute requires a balance of technical knowledge and legal strategy. If you are concerned about how a claim might impact your bottom line, feel free to explore the rest of our site to learn more about how we support local tradespeople.