You’ve invested substantial time and money into a major construction project in Houston, but not everything is working as planned. There are serious construction defects with the project, and you need to hold someone accountable for this. But before you take legal action, make sure your investment is protected.
Know who’s at fault and what you can legally do. Once you’ve identified the issue, review your contract to see what actions you can legally take.
Identify the root cause before assigning blame
Not every construction defect is obvious or easy to trace. Is the issue due to poor workmanship, faulty materials or design flaws? If you file a claim against the wrong party, you could waste months in court and walk away with nothing. The best thing to do is to hire a construction consultant. Having a qualified expert inspect the site and provide a detailed report before you file a lawsuit is important. Their findings can help you identify who’s responsible. Whether it’s a subcontractor, supplier or a design professional, support your claim with solid evidence.
But knowing who is responsible is only part of the challenge. You also need to understand what your contract says about how to hold them accountable.
Don’t sue without reviewing the subcontractor agreement
Before you take legal action, go back and scrutinize the contract. Most construction agreements include details about liability, notice periods and dispute resolution. You may be required to give written notice, or the contract might call for arbitration instead of litigation. If you overlook these rules, you could weaken your case or delay your compensation for the damages from the lawsuit. A close review of the subcontractor agreement can clarify both responsibility and the best legal path forward.
After confirming your rights under the contract, the next step is to gather evidence that will back up your claim.
Good documentation gives you an advantage in your case
It’s not enough to say something went wrong, you’ll need to prove it. Strong documentation often makes the difference in court. Judges and juries rely on facts, not assumptions. The more organized and detailed your records are, the stronger your case becomes. Documentation includes:
- Taking photos of the defect: Take clear images that show the defect
- Recording delays, repairs or missed deadlines: Track how delays and missed deadlines affect your schedule
- Creating a record of communication with the contractor or subcontractor: Build a timeline to track your communication and establish accountability
- Saving emails, invoices, inspection reports and work logs: Keep all relevant documents to support your case
Save every document. It could be the difference between winning and losing your case.
Once the issues are documented, the next step is to highlight how those defects are impacting your finances.
Know what you’re losing because of the defect
Before suing, get a full picture of how the defect is impacting your bottom line. Are you paying out of pocket for repairs? Losing rental income? Facing penalties for delays? Quantifying them with clear records strengthens your claim. Work with your financial team to calculate real damages. This can help you decide if a lawsuit is worth pursuing and what kind of compensation you should demand.
Each loss adds up. Quantifying them with clear records strengthens your claim.
With a clear understanding of your losses, the next step is making sure you’re fully prepared to take legal action.
What to do before filing a construction defect claim
You can recover your losses and hold subcontractors accountable, but only if you prepare thoroughly. Be sure your case is grounded in facts, backed by the contract and supported by financial documentation.
If you’re a developer or business owner dealing with a costly construction defect in the Houston Area, an attorney knowledgeable in construction law may be able to help you. The right legal strategy can protect your investment and your future.