HOUSTON REAL ESTATE LITIGATION ATTORNEYS
Serving Clients in Houston, West Houston, Southwest Houston, Sugar Land, Katy, Copperfield, Memorial, Spring, Northwest Houston, Northchase, Spring Cypress, Champion Forest, The Woodlands, Kingwood, Humble, Lake Houston, Midtown, Memorial, West Oaks, Royal Oaks, Clear Lake, League City, Westchase Business District, Harris County, and Galveston County.
TEXAS RESIDENTIAL CONSTRUCTION LIABILITY ACT (RCLA)
Assisting Houston Clients Filing & Defending RCLA Claims
The Texas Congress enacted the Residential Construction Liability Act (RCLA) in 1989 to ensure that the builders and contractors have a fair opportunity to reasonably cure the defects prior to a claimant filing suit under the Texas Deceptive Trade Practices Act (DTPA). Please click on the DTPA section for more information. Further, the Act purportedly allows the parties to settle out of court and speed-up the settlement process, easing the court’s case load. Effectively, the RCLA reduced the mounting DTPA claims by owners that pressured builders and contractors to settle disputes or potentially faces treble damages provided by the DTPA. Obviously, the Act only applies to residential construction, including but not exclusive to apartment complexes, condominium units, villas, townhomes, duplexes, four-plexes, and single-family units.
Since the passing of the Act, the Texas legislature enacted new provisions which further require certain actions by home owners who file claims under the RCLA. The Act, in its current state, requires homeowners to provide notice to the builders and contractors, allow reasonable amount of time for inspection and cure prior to filing the claim. Please see below. Subsequently, all claims against builders, contractors and subcontractors, and developers for the defects in the design, architectural, and construction of the property under the RCLA go through the Texas Residential Construction Commission (TRCC). The Houston Construction Defect Attorneys at the Law Offices of Steven Tuan Pham and the Spring Real Estate Construction Lawyers have experience in representing developers, builder, and/or the contractors that are unfairly accused of defects for minor cosmetic reasons by unreasonable homeowners and their unscrupulous attorneys. On the other hand, our Northwest Houston Construction Defect Lawyers and our Southwest Houston Real Estate Litigation Attorneys also have experience representing homeowners who have reasonable claims for foundation damage against builders and foundation repair companies, design defects by architects, and construction defects and who may have claims for failure to build according to plan against builders and contractors.
If you are a homeowner whose home construction is in question, or if you are a builder or contractor who faces pressure from unscrupulous attorneys and difficult owners, our Houston Construction Defect Attorneys and the West Houston Real Estate Litigation Lawyers will assist you in identifying potential issues and develop an action plan to resolve your concerns. Please feel free to contact one of our Houston Construction Defect Lawyers and our Spring Construction Defect Attorneys at 713-517-6645 or contact us via online inquiry.
The information above is NOT intended to replace a personal consultation with our Houston Real Estate Transaction Lawyers and our Spring Houston Real Estate Litigation Attorneys. Readers should not construe the information as a consultation. There may be other legal issues based on the specific fact of each case. Every case is unique and our Houston Real Estate Transaction Attorneys and our North Houston Real Estate Litigation Lawyers need to review the facts and circumstances of each individual case in order to provide a meaningful personal consultation. Please feel free to give us a call at 713-517-6645 or complete our Contact Form.