Construction defect claims are legally and technically complex, often requiring careful contract interpretation, expert analysis, and navigation of strict procedural rules. An experienced construction attorney can help identify responsible parties, preserve critical evidence, bring insurers to the table, and pursue or defend claims efficiently while minimizing business disruption.

Elkhoury Law is a specialized construction boutique law firm that brings practical experience and deep legal knowledge to resolve disputes strategically and efficiently. I represent both owners seeking repairs and other remedies and damages, and contractors and design professionals defending against construction defect claims. I serve clients in Houston, the greater Harris County area, Southeast Texas, and statewide.

What is a Construction Defect under Texas Law?

In Texas, a construction defect generally refers to a deficiency in the workmanship or materials used during the construction process that leads to damage or loss of use. It can also refer to design defects. Defects may be patent (obvious and visible) or latent (hidden and discovered later). Texas law governs defect liability through both common law and statutes, and construction contracts generally impose specific processes for making and responding to claims.

I have significant experience handling defects arising in all forms, manners, and aspects of construction, including:

• Defective, faulty, improper, or inadequate engineering, design, plans, specifications, and scheduling

• Foundation systems, including geotechnical design defects and improper dewatering

• Structural systems and components, including structural failures

• Roof and envelope systems, including drainage systems, windows, and window seals

• Mechanical, electrical, and plumbing (MFP) systems, including HVAC

• Fireproofing, waterproofing, and insulation

• Building code and life safety compliance

• Grading, soil erosion, water intrusion, water damage, draining, and flooding

• Defective, unapproved, or noncompliant materials, including structural steel, lumber, and concrete

Construction Defect Claims are Complex and Contentious

Commercial projects involve multiple trades, high-value contracts, and long timelines. This complexity can increase the likelihood of defects, the difficulty of proving liability, and delays that arise if issues are discovered mid-project. Whether representing project owners or defending general contractors, subcontractors, and design issues, I will work closely with your team and other construction experts as needed to analyze drawings, as-builts, scopes of work, project deliverables and correspondence, industry standards, and other aspects of the project history to build strong claims or defenses. I will also analyze your insurance coverage and interface with your insurers if your policies provide coverage for the defect claims.

I am ready to go to trial or arbitration if it serves your goals, but I will also explore other methods of dispute resolution, including mediation, that may result in quicker and more efficient resolutions of construction defect claims.

How Elkhoury Law Can Help With Construction Defect Claims

I represent owners, contractors, and design professionals, as both plaintiffs and defendants, in all phases of defect claims and cases, including making claims, pre-suit negotiations, and litigation or arbitration:

• Claim investigation and analysis

• Drafting and/or responding to contract or warranty demands

• Pre-litigation inspections and expert analysis, as needed

• For residential cases, RCLA compliance and strategy

• Mediation and settlement negotiations

• Litigation and arbitration of construction defect disputes

• Asserting and pursuing counterclaims or third-party claims against other responsible parties

• Insurance recovery under builder’s risk, CGL, PL, E&O, and other insurance policies

Schedule a Consultation with a Texas Construction Defect Attorney

At Elkhoury Law, I combine construction knowledge, courtroom skill, and business practicality to deliver meaningful results. Whether you’re trying to recover your repair costs for defective work or defend against overreaching claims, I can help.