San Antonio Construction Defect Attorney
Construction defects can be devastating — a home or commercial building that should represent a major investment instead becomes a source of ongoing damage, expense, and frustration. Whether you are a homeowner dealing with a builder who cut corners, a property owner whose commercial construction failed to meet specifications, or a contractor facing unfair claims, The Metyko Law Firm handles construction defect litigation with the precision these cases demand.
Mathews Metyko's MBA background and experience with commercial contracts gives him a genuine advantage in construction cases, which are almost always as much about contract interpretation and damages quantification as they are about what physically went wrong.
Types of Construction Defects We Handle
Design Defects
Defects in the architectural or engineering plans themselves — improper drainage design, structural miscalculation, inadequate load specifications — that cause problems regardless of how well the construction was executed.
Material Defects
Substandard or defective materials that fail prematurely — defective roofing materials, inadequate waterproofing, substandard concrete, failing windows or doors.
Construction Defects
Workmanship failures in the actual construction process — improper foundation work, faulty framing, inadequate waterproofing installation, electrical or plumbing errors.
Subsurface Defects
Failures in the soil preparation, grading, or foundation work that cause settling, cracking, or structural instability.
Common Construction Defect Claims
- Foundation failures and settlement
- Water intrusion and moisture damage
- Roof defects and leaks
- Structural deficiencies
- HVAC system failures
- Mold resulting from construction defects
- Windows and door failures
- Stucco and exterior cladding defects
- Plumbing and electrical failures
- Commercial construction disputes
Texas Construction Defect Law
Chapter 27 — The Texas Residential Construction Liability Act (RCLA)
Texas residential construction defect claims are governed by the RCLA, which imposes specific pre-suit notice requirements. A homeowner must give the contractor written notice of the claimed defect at least 60 days before filing suit. The contractor then has the opportunity to inspect and offer a repair or settlement. Failure to follow this process can affect your rights — but so can a contractor's failure to respond properly. We guide clients through this process strategically.
Statute of Limitations and Repose
Texas has a two-year statute of limitations for construction defect claims running from when you knew or should have known of the defect. There is also a ten-year statute of repose that bars claims arising more than ten years after substantial completion of construction, regardless of when the defect was discovered. These deadlines make prompt action critical.
Damages in Construction Defect Cases
- Cost of repair or reconstruction
- Diminution in property value
- Consequential damages (water damage, mold remediation, lost use)
- Relocation costs during repair
- Attorney's fees (in certain circumstances)
My builder offered to fix the problem. Should I let them?
Possibly — but carefully. Under the RCLA, you must give the contractor an opportunity to repair before filing suit. However, you have the right to have an independent inspector document the defect before any repairs begin, and you should preserve all evidence of the defect and resulting damage. Letting a contractor repair work they did poorly without proper documentation can create problems if the repair is inadequate.
Can I sue a subcontractor directly?
In many cases yes — Texas law allows claims directly against subcontractors whose work was defective, in addition to claims against the general contractor. Identifying all potentially liable parties early is important because the statute of repose applies to each party separately.
My home was just built and I'm already having problems. Is it too soon to call an attorney?
No — it's exactly the right time. Early legal involvement means defects are properly documented before they worsen, before evidence is disturbed, and before the builder can argue the damage was caused by something else. A consultation costs you nothing.