Roquemore Skierski defends Dallas businesses with sharp counsel and tough courtroom advocacy, protecting your bottom line from formation to complex disputes.
Roquemore Skierski defends Dallas businesses with sharp counsel and tough courtroom advocacy, protecting your bottom line from formation to complex disputes.
Unmatched Local Knowledge | 100+ Years of Combined Experience | 24/7 Availability
Construction defect disputes arise when construction work, design work, materials, or project supervision fails to satisfy the standards set by the contract, applicable codes, or manufacturer requirements. Commercial projects in Frisco often become complex because a single property can involve a developer, a property owner, a general contractor, multiple subcontractors, design professionals, suppliers, lenders, and insurers, each operating under a different contract and scope.
A Frisco construction defect lawyer can help evaluate conditions on the property, identify where responsibility sits within the construction chain, and preserve the documentation needed to pursue repair and recovery.
Roquemore Skierski PLLC represents real estate investors, developers, property owners, general contractors, construction companies, and homeowners in construction defect disputes. The firm handles matters involving patent defects, which should be discovered through reasonable inspection, and latent defects, which surface later through water intrusion, movement, or system failure.
Construction defects often present as repeat failures and ongoing damage rather than a single broken component. A Frisco construction defect attorney can assist clients with defect allegations and defect claims involving:
Construction defects can affect completed projects in ways ranging from poor aesthetics to catastrophic collapse with tragic human toll. When a defect, failure, or collapse occurs, contractors, designers, and owners may each face exposure, depending on how each participant carried out responsibilities during the construction process.
The responsible party often depends on whether the issue stems from poor workmanship, faulty design, or defective materials. A Frisco construction defect attorney can assess how the contracts and project records support each theory of responsibility.
A defect is often different from its manifestation, although both typically require attention. A manifestation is the visible or measurable condition of the structure, a component, or the materials that results from an underlying defect and signals a deeper problem. A stucco crack, for example, may appear to be the defect, while the true defect sits underneath.
The underlying defect might involve inadequate structural support, improper materials, improper subsurface preparation, or inadequate expansion joints. Movement of the supporting structure, the foundation, or the underlying earth may also be a manifestation of deeper defects such as inadequate foundation reinforcement, soil compaction issues, or shear wall attachment problems. Correcting symptoms without identifying the defect itself often leaves the condition in place. A Frisco construction defect lawyer can help align technical findings with the contract standards that control responsibility and repair scope.
In a broad sense, a construction defect is any element of a structure that fails to perform as intended or fails to conform to the contract requirements. Common categories include the following.
Every construction project is built from drawings and specifications that define what must be built and the quality and performance of materials and systems. Project drawings often include plans prepared by architects, surveyors, and consulting engineers, along with shop drawings and other submittals prepared by contractors, subcontractors, or suppliers and approved through the project’s design process. Specifications typically supplied with the plans add detail that is not obvious from drawings, including material standards, performance requirements, and application methods. A material deviation from plans or specifications constitutes a defect, even when the work appears clean and even when systems perform in the short term.
A construction defect also exists when the structure or a system fails to function as intended. That category includes failure to meet performance criteria, such as specifications requiring windows to resist wind-driven rain or concrete to achieve a specified strength. It also includes sudden failure of a project component, such as a cracked concrete deck, foundation failure, or catastrophic collapse, and conditions that simply should not occur, such as roof leaks, foundation leaks, plumbing leaks, or excessive settlement.
All construction must comply with construction and safety standards imposed by law. Noncompliance can constitute a defect in the design, the work, or both, even when a system appears to function. Aluminum wiring may carry current while violating electrical code requirements. Inadequate landing space for egress may allow passage while still violating the fire code. A Frisco construction defect attorney can assess how code compliance issues affect repair obligations, responsibility, and leverage under the governing contracts.
Premature deterioration of a building element can reflect a construction defect. A roof intended to last twenty years that begins deteriorating after five can support a defect theory depending on the materials, installation, exposure conditions, and maintenance record. Timing matters because the same visible condition can indicate a defect early in a component’s life cycle or ordinary wear and tear later.
Construction contracts often include express warranties that create contractual liability when breached. Warranty language frequently controls scope, notice requirements, and remedies, and it can shape early strategy in both commercial and residential disputes.
Texas law can also impose implied warranties, meaning obligations created by law rather than written into the contract. Some implied warranties may be disclaimed in certain settings, while residential disputes often raise implied warranty issues more directly.
Two implied warranties commonly arise in residential construction defect cases:
The implied warranty of good workmanship provides that construction, repair, or modification work will be performed in a good and workmanlike manner. “Good and workmanlike” means the quality of work must be equal to the work performed by someone with the knowledge, training, or experience necessary for the successful practice of the trade when judged by someone capable of evaluating the work.
The implied warranty of habitability provides that the builder’s good and workmanlike performance results in a home that is safe, sanitary, and fit for human habitation at the time of sale of a new house. Unlike the implied warranty of good workmanship, the implied warranty of habitability is treated as inherent in a new-home residential construction project and cannot be waived by contract.
When a defect surfaces on a commercial project or in a home, time matters. Water intrusion, structural movement, and building system failures often worsen, and early repair efforts can make it harder to document original conditions and identify responsibility across the construction chain. Roquemore Skierski PLLC helps investors, developers, property owners, contractors, and homeowners protect the asset, reduce disruption, and pursue the resolution that best supports long-term use and value.
Contact Roquemore Skierski PLLC at 972-325-6591 to speak with a Frisco construction defect attorney.
While our business litigation attorneys are based in Downtown Dallas, we proudly serve clients in and around Addison, Carrollton, Cedar Hill, Coppell, DeSoto, Farmers Branch, Flower Mound, Forney, Garland, Grand Prairie, Grapevine, Highland Park, Irving, Oak Cliff, Richardson, Rockwall, Rowlett, Royse City, University Park, and the surrounding area. Whether your company is facing a contract dispute, partnership conflict, or other commercial challenge, we deliver strategic counsel and strong representation across the DFW Metroplex.
