Legal Question in Construction Law in Texas

new construction roof leaked

We had a commercial building built and it was finished in June. It rained in July and the roof has a slant which had all the water running in between the wall and the brick. It ruined the walls, windows and the doors swelled up. There is mold on the walls. The contractor came and painted over the mold and only cut out holes in a few spots and patched it with sheet rock. Do we have any rights? He said we had a 1 yr warranty. Now when we enter the building our eyes water up. I think it is the mold in the walls. What can we do? It doesn't look like he wants to fix it properly. Can we contact his insurance company? Can I hire another contractor and make him pay? Frustrated and don't know what our rights are.


Asked on 8/03/07, 12:27 am

1 Answer from Attorneys
Daniel Ross Ross Law Group

Re: new construction roof leaked

You unfortunately have a serious construction defect issue that involves the building envelope, water penetration, and resulting mold (and possibly bacterial) infestation. The issues raised in your situation involve breach of contract, DTPA, warranties, insurance coverage, and potential liability you may have to third parties, such as tenants, visitors, etc.

It is strongly advised that you seek assistance from an attorney experienced in the matters raised above. Our firm has handled numerous construction defect and insurance cases involving water damage and resulting mold. You may call my legal assistant Ashley at our office with any questions you may have regarding our firm or how we may be of assistance to you.

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Answered on 8/03/07, 10:49 am


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