San Antonio Construction Lawyers
The growth across our great state of Texas has caused a sharp rise in construction defect litigation. Overbuilding, the increased use of unskilled or untrained labor and 'quantity over quality' attitudes are a few factors leading to this development. Owners are often left with shoddy construction and hollow warranties.
Daniel O. Kustoff, Board Certified in Consumer and Commercial Law by the Texas Board of Legal Specialization, and Melanie H. Phipps have extensive counseling and litigation experience related to a wide variety of construction disciplines. We represent homeowners, apartment complexes, condominiums, business owners, contractors, developers, design professionals, engineers, suppliers and vendors in all types of public and private construction disputes.
In 2003 the legislature created the Texas Residential Construction Commission Act (TRCCA) which limits your rights and damages as an owner. Homeowners are required to retain expensive experts, produce voluminous documentation, follow strict timelines and navigate the complicated claims process while the builder is required to do nothing. Don't go alone!
Our board certified attorneys have represented hundreds of homeowners in navigating the Texas Residential Construction Commission Act, the Residential Construction Liability Act and the Deceptive Trade Practices Act. We have repeated success with the TRCCA's claims process and dispute resolution process and continued success in taking our client's construction disputes through mediation, arbitration and trial.
We help our clients identify issues, solve problems and resolve disputes before, during and after construction including the following:
- Construction Defects
- Poor Workmanship
- Structural Defects
- Defective or Negligent Design
- Delay Damages
- Claims by Subcontractors and Suppliers
- Architect and Engineering Liability
- Lien Claims
- Mold Claims
- Safety Defects
- Code Violations
- Breach of Warranty
- Trust Fund Accounting
- Prompt Payment and Retention Issues
Damages in construction litigation cases may include cost of repair, cost to cure defects, diminished value of property, additional living expenses, restoration or remediation expenses, loss of use, increased costs of construction, expert fees, prejudgment interest, taxable court costs, attorneys' fees, impairment of homestead rights, being subject to mechanics' and materialmens' liens and wrongful foreclosure. In a commercial construction case, you can also seek relocation costs.
When early resolution has not been possible, our attorneys have obtained favorable results in both construction lawsuits and construction arbitrations. We regularly counsel our clients on litigation avoidance and work closely with them to confront and resolve issues in the field, proving that a prompt response often prevents delay, uncertainty and costly litigation.
Few investments are as important as those involving property, whether it is a home or a business. Board Certified attorneys Daniel O. Kustoff and Melanie H. Phipps have the skills and knowledge to protect your investment.
