Houston Construction Defect Lawyer

How Jonathan Herrera Handles Construction Defect Cases

Construction defect cases require technical evidence and a clear understanding of Texas’s pre-suit notice requirements. Jonathan’s approach is built to protect your claim from the first call.

• Early expert evaluation: Jonathan works with structural engineers, foundation specialists, and building inspectors early in the case to document the defect, identify its cause, and establish a clear link to the builder’s or contractor’s work.
• Chapter 27 notice compliance: Texas law requires specific pre-suit notice to the contractor under the Texas Residential Construction Liability Act before filing suit, and Jonathan ensures this notice is handled correctly to protect your claim.
• Multiple defendant analysis: Defects often involve more than one responsible party, including the general contractor, subcontractors, the developer, and sometimes the architect or engineer, and Jonathan identifies every party who may share liability.
• Insurance and warranty review: Jonathan reviews builder warranties, general liability policies, and any applicable performance bonds to identify every available source of recovery.
• Former adjuster’s perspective: Having worked on the insurance side, Jonathan recognizes the tactics insurers use to minimize or deny construction defect claims and builds cases that anticipate those defenses.
• Direct attorney access: Clients work directly with Jonathan throughout the case rather than being shuffled between paralegals, which matters in technical disputes that require ongoing input from the client.

Local Courts and Agencies in Construction Defect Cases

Construction defect claims in Houston touch multiple institutions, from the courts where lawsuits are filed to the agencies that regulate builders, inspectors, and insurers.

• Harris County District Courts: Most construction defect lawsuits involving significant property damage are filed in the Harris County civil district courts, where judges regularly handle complex construction litigation.
• Fort Bend and Montgomery County District Courts: Many construction defect claims arise from new developments in Sugar Land, Katy, Richmond, and The Woodlands, placing them under the jurisdiction of these surrounding county courts.
• Texas Real Estate Commission: TREC licenses and regulates certain inspectors and can be a resource when an inspection fails to catch a defect that should have been identified before closing.
• Texas Department of Insurance: TDI oversees insurer conduct and can be relevant when a builder’s liability carrier or a homeowner’s policy improperly denies or delays a construction defect claim.
• City of Houston Permitting and Development Services: Permit records, inspection history, and code compliance documentation from this department often provide key evidence of what was approved versus what was actually built.

Common Construction Defect Scenarios in Houston

Houston’s fast-growing subdivisions and diverse building environments create predictable types of construction problems that surface years after completion. Many of these defects are tied to rushed construction timelines and cost-cutting during development booms. Local soil conditions and extreme weather patterns often make these issues worse over time. 

• Foundation cracking and settlement: Improperly compacted soil or undersized foundations in newer subdivisions throughout Katy, Cypress, and Pearland leading to visible cracking, uneven floors, and sticking doors within a few years of construction.
• Roofing and water intrusion failures: Defective roofing installation or flashing that allows water intrusion during Houston’s frequent heavy rain events, often resulting in mold growth and interior damage.
• Stucco and EIFS cladding defects: Improperly installed exterior cladding systems common in homes built during the 2000s and 2010s boom, trapping moisture against the structure and causing hidden rot.
• High-rise and condo defects: Curtain wall leaks, balcony waterproofing failures, and HVAC system defects in Galleria-area and Midtown condo towers affecting individual units or entire buildings.
• Plumbing and drainage defects: Improperly sloped drain lines or undersized stormwater systems in new developments leading to repeated flooding or sewage backups.
• HOA and multi-unit common area defects: Defects affecting shared structures, parking garages, or common areas in townhome and condo communities, where the HOA may need to pursue a claim on behalf of all owners.

What Compensation Can You Recover?

When defects are proven, recovery typically focuses on making the property owner financially whole, including both repair costs and related losses. The value of a claim depends heavily on how well the damage is documented.

Expert analysis often plays a central role in proving both cause and cost 

Repair and Replacement Costs

• Repair and replacement: The cost to repair or replace the defective work, including foundation underpinning, roof replacement, or remediation of water and mold damage.
• Temporary housing: Costs associated with temporary housing or relocation if the defect makes the property uninhabitable during repairs.
• Diminished value: Diminished property value resulting from the defect, even after repairs are completed.

Additional Damages

• Expert and inspection costs: Costs of expert inspections, engineering reports, and testing needed to document the defect and its cause.
• Lost rental income: Lost rental income for landlords or investors whose property cannot be leased due to the defect.
• Attorney’s fees and costs: Attorney’s fees and litigation costs, which may be recoverable under the Texas Residential Construction Liability Act in certain circumstances.

The Process of a Construction Defect Case

Construction defect claims follow a structured legal process designed to document issues early and give contractors a chance to respond before litigation escalates. Each step builds on the previous one, strengthening the evidentiary record. The process is designed to resolve disputes efficiently when possible, but fully prepare for trial when necessary. 

1. 1. Initial consultation: Jonathan reviews the defect, the property’s construction and purchase history, and any communications with the builder or contractor.
   2. Expert inspection: A qualified engineer or specialist inspects the property to document the defect, determine its cause, and estimate repair costs.
   3. Chapter 27 notice: Formal written notice is sent to the contractor as required under Texas law, giving them an opportunity to inspect and offer to repair before suit is filed.
   4. Demand and negotiation: If the contractor’s response is inadequate, Jonathan sends a demand to the responsible parties and their insurers outlining the claim and supporting evidence.
   5. Filing suit if necessary: If a fair resolution isn’t reached, Jonathan files suit in the appropriate county and proceeds through discovery, including depositions of the builder, subcontractors, and experts.
   6. Mediation or settlement discussions: Many construction defect cases resolve through mediation once both sides have a clear picture of the evidence and expert findings.
   7. Trial if needed: If no fair settlement is reached, Jonathan is prepared to take the case to trial before a Harris County or surrounding county jury.

Frequently Asked Question