This form is a Complaint. Plaintiffs allege that defendants are liable for damages for breach of an implied warranty of merchantability. Plaintiffs demand compensatory damages and punitive damages from the defendants, plus prejudgment interest.
Texas Complaint for Defective Home Construction, Defective Design
State:
Multi-State
Control #:
US-CMP-10002
Format:
Word;
Rich Text
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How to fill out Complaint For Defective Home Construction, Defective Design?
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FAQ
In Texas, a home builder is generally responsible for any defects or damages that occur due to construction for a period of four years from the date of completion. This would be a standard breach of contract or breach of warranty claim. However, there are certain claims for negligence that could have a two-year window.
Always inform your contractor in writing that they are at risk of breach of contract. File a complaint with your local state licensing board. When a contractor receives enough complaints, the board can choose to publish this info. You can attempt to resolve any issues by opting for arbitration or mediation.
Workmanship refers to the quality and skill a contractor puts into completing a project. Poor workmanship typically arises when a contractor fails to follow industry quality standard practices, construction documents, or the installation instructions from the manufacturer.
Many times, defects are not seen immediately by homeowners, that is why the statute of limitations, or the timeframe a homeowner can take legal action, is four years for breach of contract and/or warranty. For claims related to product liability or negligence, the time limitation is two years.
Under the Texas Residential Construction Liability Act (RCLA), home builders can be held legally liable for damage caused by shoddy workmanship or construction defects. The RCLA provides very important legal protections to homeowners, property owners and real estate developers.
Many times, defects are not seen immediately by homeowners, that is why the statute of limitations, or the timeframe a homeowner can take legal action, is four years for breach of contract and/or warranty. For claims related to product liability or negligence, the time limitation is two years.
Construction defects include improperly designed materials, poor workmanship, and failure to follow construction codes. Any deficiency in a building project can be considered a construction defect, including: Defective architectural designs. Lack of planning or supervision.