Construction Defect

Defective homes, failed commercial work, and substandard or abandoned construction in San Antonio, Laredo, and across Texas.

Texas law gives property owners specific rights when a builder's work is defective, along with strict notice requirements and deadlines. We are a San Antonio litigation firm serving clients in San Antonio and Laredo, led by Christian A. Davila Cobos, a Texas attorney licensed since 2013.

Claims we handle

  • Foundation, structural, and framing defects
  • Water intrusion, roofing, and drainage failures
  • Defective workmanship and materials
  • Plumbing, electrical, and HVAC defects
  • Incomplete or abandoned construction
  • Contract and warranty disputes with builders, contractors, and subcontractors
  • Commercial and multifamily construction disputes

Texas rules that shape a defect claim

Residential claims: notice before suit. Under the Texas Residential Construction Liability Act (Chapter 27 of the Property Code), a homeowner generally must send the contractor written notice by certified mail, return receipt requested, at least 60 days before filing suit. The notice must describe the defects in reasonable detail and include discoverable evidence such as expert reports and photographs (§ 27.004(a)).

The contractor's right to inspect and offer repairs. The contractor may request an inspection and may make a written settlement offer, including repairs. If a homeowner rejects a reasonable offer, recovery can be limited (§ 27.004). A court can pause a lawsuit if the notice requirements were not followed, so the notice needs to be done correctly.

Deadlines to sue. Texas sets several clocks that can run at the same time. Negligence and Deceptive Trade Practices Act claims generally carry two-year limitations periods, and breach of contract claims generally carry four years. Separately, Texas imposes a statute of repose: suit against those who construct or repair improvements to real property must generally be filed within 10 years after substantial completion of the improvement, with limited extensions and exceptions (Civ. Prac. & Rem. Code § 16.009). A contract cannot shorten the time to sue to less than two years (§ 16.070).

Commercial claims. The Residential Construction Liability Act is about homes. Commercial and multifamily disputes turn on the contract's notice, warranty, and dispute-resolution terms. Claims against licensed architects and engineers also require a certificate of merit filed with the complaint (Civ. Prac. & Rem. Code § 150.002).

Exceptions apply to every deadline above. Speak with a lawyer early so none of them expires while you are gathering information.

What you may be able to recover

  • The cost to repair the defects, or the loss in value of the property
  • Related damage that followed from the defect
  • Attorney's fees in some types of claims, such as certain contract and Deceptive Trade Practices Act claims

What is available depends on the claims, the contract, and the notice steps taken.

Steps to take now

  1. Photograph and document the defects, with dates, and keep everything in writing.
  2. Gather the contract, warranty, change orders, invoices, and all communications with the builder.
  3. Do not repair or demolish the problem area without documenting it first. Evidence matters.
  4. Send required notices by certified mail and keep proof of delivery.
  5. Review any release or final payment document before you sign it.
  6. Check whether your homeowner's or commercial property policy covers resulting damage. Policies often exclude the defect itself but can cover damage that follows from it. See our insurance claim denial page.

Why Davila Cobos

Construction defect disputes are a core part of our litigation practice, and we serve property owners in San Antonio and Laredo.

Christian A. Davila Cobos has been licensed in Texas since 2013. Before founding the firm, he was a senior attorney at a nationwide insurance defense firm, where he handled claim disputes from inception through trial. That background gives him a close view of how carriers evaluate claims, how the defense side builds its case, and how builders, subcontractors, and insurers tend to point at one another when a defect surfaces.

Here is how we approach a defect case:

  • Deadlines first. We review the contract, the notices, and every limitations and repose clock at the start, so nothing expires while you are gathering information.
  • Evidence before argument. We help you document the defects and, when needed, coordinate with independent inspectors and engineers, because the notice itself must include supporting evidence.
  • Notice done correctly. We prepare the required written notice and track the response, inspection, and offer process that follows.
  • The insurance angle. We look at whether your property policy covers the resulting damage and push back when a carrier denies or underpays a covered loss.
  • Direct access. You work directly with the attorney handling your case, not a rotating cast of staff.
  • Straight talk. You get a candid assessment of your claims, the risks, and the likely costs before you decide how to proceed.

Frequently asked questions

How long do I have to sue a builder for a construction defect in Texas? It depends on the claim. Many claims carry two-year or four-year limitations periods, and a separate 10-year statute of repose generally runs from substantial completion. These clocks can run at the same time, and the residential notice process must be completed before suit, so do not wait.

Do I have to give the builder a chance to fix the problem first? For residential construction, generally yes. The Residential Construction Liability Act requires written notice at least 60 days before suit and gives the contractor a right to inspect and to make a settlement offer, with limited exceptions such as when a limitations deadline is about to expire.

Does homeowner's insurance cover construction defects? Often not the defect itself. Many policies exclude faulty workmanship, but they may cover resulting damage such as water damage. Coverage depends on the policy and the cause of the loss.

What if the builder has gone out of business? You may still have claims against the individuals, subcontractors, design professionals, or insurers involved. Each depends on the facts and the deadlines above.

Talk to a lawyer

Call (210) 660-8548 or email christian@davilacoboslaw.com. San Antonio, Texas, serving San Antonio and Laredo.