Protecting Your Property Rights Across Texas: Real Estate Litigation & Construction Defects (Part 4)
Not every real estate problem can be solved with a well-drafted contract or a clean title. Sometimes a dispute has already happened — a builder cut corners, a seller concealed a defect, a neighbor won't honor an agreement, or a business partner in a property deal isn't living up to their end. When that happens, protecting your property rights means being ready to litigate, not just negotiate.
This is the final post in our series, Protecting Your Property Rights Across Texas, from the attorneys at Allen Bryson Lamar, PLLC. Here we cover real estate litigation and construction defect claims — where our team represents clients aggressively, from the demand letter through trial.
Real Estate Litigation
Real estate disputes take many forms, and we represent both plaintiffs and defendants in matters including:
Breach of contract claims arising from failed or disputed purchase agreements
Title disputes and suits to quiet title
Boundary and easement litigation
Landlord-tenant disputes, including commercial lease defaults and evictions
Partition actions between co-owners of real property
Fraud, misrepresentation, and non-disclosure claims — including disputes over the statutory Seller's Disclosure Notice
Foreclosure-related disputes and lender liability claims
Disputes involving homeowners' and property owners' associations
Texas real estate litigation moves on tight procedural timelines, and property disputes often involve competing claims to the same asset — meaning delay itself can prejudice a client's position. We move quickly to secure evidence, record lis pendens where appropriate, and pursue temporary restraining orders or injunctive relief when a property or its value is at immediate risk.
Construction Defect Litigation
Construction defect claims sit at the intersection of contract law, property law, and (for residential projects) a specific statutory framework: the Texas Residential Construction Liability Act ("RCLA"), found in Chapter 27 of the Texas Property Code. The RCLA applies to most claims against contractors for defective construction of a new home or residential improvement, and it requires specific pre-suit steps before a lawsuit can even be filed:
A detailed written notice to the contractor describing the defect, sent before suit is filed
An opportunity for the contractor to inspect the property
A statutory window for the contractor to make a written settlement offer, which may include a repair, a monetary offer, or both
Failing to follow the RCLA's notice procedure can result in a case being delayed or even dismissed — which is why homeowners who suspect a construction defect should talk to an attorney before sending any notice, not after. On the other side, we also represent builders and contractors in responding to RCLA notices and defending against construction defect claims.
Defective Work & Defective Design Claims
Not every construction problem falls neatly under the RCLA — commercial projects, for instance, are generally governed by ordinary contract and negligence principles rather than the residential statute. Across both residential and commercial matters, we handle claims involving:
Foundation failures and structural defects
Water intrusion, drainage failures, and mold resulting from construction errors
Defective design claims against architects and engineers
Faulty electrical, plumbing, or HVAC installation
Disputes between general contractors, subcontractors, and suppliers over responsibility for defective work
These cases typically require expert evaluation of the defect itself, so we work closely with engineers, architects, and other qualified experts to build the factual record a construction defect claim demands — whether we're proving the defect exists or defending against a claim that it doesn't.
When It's Time to Litigate, We're Ready
Litigation should never be the first move in a real estate matter, but it has to be a credible option — because a party who knows you won't go to court has no reason to negotiate seriously. Our attorneys prepare every real estate and construction defect matter as though it may go to trial, which is often exactly what produces a favorable resolution long before it gets there.
Allen Bryson Lamar, PLLC represents property owners, buyers, sellers, landlords, contractors, and developers in real estate litigation and construction defect matters throughout Texas.
Previous in this series: 1031 Exchanges, Easements & Boundary Agreements: Navigating Specialized Texas Real Estate Transactions
Start from the beginning: Texas Real Estate Closings: What Happens at the Closing Table
Get Help With Your Texas Property Today
Contact Allen Bryson Lamar, PLLC to speak with a Texas real estate litigation attorney about a dispute or construction defect affecting your property.
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