Wigington & Dankesreiter, L.L.P. represents builders, contractors, subcontractors, homeowners and developers in drafting and litigating construction contracts. Our construction law attorneys have extensive experience in resolving or litigating claims arising under the Residential Construction Liability Act (RCLA) or the Deceptive Trade Practices Act (DTPA). For information regarding claims under the DTPA, please see the Consumer Representation page of our website.
Construction contracts are usually highly complex documents; this complexity can increase the possibility of litigation when disputes arise over a construction project. Contract disputes often arise when a defect becomes apparent or when a property owner believes that a builder or contractor has not properly performed the duties outlined in contract. The best way to avoid such a dispute is to seek the services of a skilled and knowledgeable construction law attorney. An experienced attorney will to draft a construction contract in a manner that effectively protects a client's rights and clearly establishes the duties of the parties to the contract.
Residential Construction Liability Act (RCLA)
The RCLA was enacted for the purpose of restoring "a fair and appropriate balance to the resolution of residential construction disputes between contractors and owners." It was drafted to give homebuilders and home warranty companies a chance to cure construction defects, before facing claims under the DTPA. The Act also looked to reward responsive contractors who timely fixed their mistakes. The RCLA applies to certain residential construction disputes. A knowledgeable construction attorney should be contacted to determine if your property falls under the RCLA.
When the RCLA governs a construction dispute, specific notice requirements, contractor inspection rights and settlement procedures outlined in the Act likely must be followed. The following are some examples of how the RCLA dictates certain actions by parties:
- A builder or contractor makes a request for an inspection of a home or property, the RCLA typically demands that the homeowner provide the builder or contractor a chance to inspect the property.
- A homeowner will likely have to provide statutory notice to the builder or contractor within 60 days of filing a claim under the RCLA.
- A contractor or builder can make a settlement offer or offer to repair the claimed defects, but must follow certain procedures when doing so.
The intricacies of the RCLA and other areas of construction law require experienced legal counsel to successfully navigate. Contact Wigington & Dankesreiter, L.L.P. for advice regarding your construction matter.