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If a construction/engineering defect was just discovered within

Resolved Question:

If a construction/engineering defect was just discovered within the last year, on Texas townhomes built 8 years ago (leading to rotted, collapse prone balconies), what statute of limitations protects the owner?
Submitted: 6 years ago.
Category: Legal
Expert:  INFOLAWYER replied 6 years ago.

INFOLAWYER :

Hello, I am legal expert at Justanswer and I will be helping you with your question today.

INFOLAWYER :

I am afraid a claim at this point would be barred by the statute of limitations

INFOLAWYER :

whether pursued on tort or breach of contract theory

JACUSTOMER-qmdrv0pe- :

Doesn't the statute of limitations remain 10 years on structure, 2 years after discoveryy?

INFOLAWYER :

The time frame is 4 years

INFOLAWYER :

If it was concealed courts may extend it

INFOLAWYER :

but not likely for the time period here

JACUSTOMER-qmdrv0pe- :

What statutory time frame is 4 years? please elaborate.

INFOLAWYER :

Breach of contract claims including as to real estate contracts

JACUSTOMER-qmdrv0pe- :

Are there other arguments other than breach of contract (negligence, habitability) under Texas code applicable, more likely to gain traction?

INFOLAWYER :

You may want to present it as a fraud or a theory of unjust enrichment

INFOLAWYER :

to get court sympathy

JACUSTOMER-qmdrv0pe- :

I was assuming a 1-2-10-10 warranty liability on the part of contractor from what I see in Texas code, has that been changed in the law recently?

INFOLAWYER :

I do not see a timely claim here but I will open this question to colleagues who may have other perspectives for you or other theories you may be able to pursue.

Expert:  LawHelpNow replied 6 years ago.

NOTE: My apologies for a technical issue that seems to be removing my original spacing. If the text of my message appears difficult to read, I am sorry for any inconvenience. I have submitted a report to our system for handling. Thanks for your patience!

 

Thanks so much for choosing this forum to pose your important legal question. I will do my best to give you some honest and accurate guidance as I answer your question.

 

  1. I am a licensed Texas attorney with constructive law civil litigation experience. I will be glad to try and answer your question seeing another legal expert has opted out. I hope that the following information will be helpful to you, but please just write back if you have any follow-up questions or need clarification on anything after reviewing the following information.
  2. "If a construction/engineering defect was just discovered within the last year, on Texas townhomes built 8 years ago (leading to rotted, collapse prone balconies), what statute of limitations protects the owner?" The limitations period for this cause of action would depend upon the theory under which suit was filed. Certainly, a couple of choices would include fraud [Texas Civil Practice & Remedies Code §16.004(a)(4)] and/or contract [Texas Civil Practice & Remedies Code §16.004(a)(3)]. Both of the aforementioned bases of recovery bear a four-year limitations period. However, given your facts, I would strongly favor filing suit alleging professional liability (architectural malpractice), which bears a 10-year limitations period [Texas Civil Practice & Remedies Code § 16.008. If such a written claim is presented within this 10-year period, the law also affords an automatic extension of two more years' time.

  3. I hope that makes sense, but please do not hesitate to write back if needed. I shall be signing off soon to attend to some other professional obligations. Please rest assured, however, that I will be sure to check for any updated posts from you when I return to this online forum. I am sorry for your circumstances and hope all is resolved appropriately for you.

 

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The information provided is general in nature only and should not be construed as legal advice. By using this forum, you acknowledge that no attorney-client relationship has been created between you and Benjamin M. Burt, Jr., Esq. You should always consult with a lawyer in your state.

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