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The Claim Attorney
The Claim Attorney
Law Office of Michael P. Bowman

Construction Defect Documentation Guide for Texas

A Texas Homeowner and Small Business Checklist

Construction defect disputes are won and lost on the record: what was promised, what was built, who inspected it, what was reported, and what happened after somebody complained. I was formerly a Florida-licensed contractor and home inspector before I practiced law, and the same mistake shows up again and again — the homeowner lets the builder “take a look and fix it” before anything is documented, and the proof disappears into a wall. Build the file first.

1. Document the Defect

  • Photograph and video before any repair, in layers: the whole elevation or room, then the area, then close-ups with a ruler or level in frame.
  • Capture what makes it a defect: cracks with width, out-of-plumb walls, standing water, staining, separation, deflection, or a slope that runs the wrong way.
  • Date every image and keep the originals with their metadata intact.
  • Write a short chronology: when the work was done, when you first noticed the problem, what you saw, and what changed since.
  • Record conditions when the problem appears — after heavy rain, in cold weather, when the irrigation runs. Video the water intrusion while it is happening.
  • Keep a log of every conversation with the builder, contractor, or superintendent, with dates and names.

2. Gather the Paper

  • The full contract, every addendum, every change order, the plans and specifications, and the finish and allowance schedules.
  • All proposals, emails, text messages, and shop drawings exchanged during construction.
  • Permits, inspection cards, municipal inspection results, and the certificate of occupancy.
  • Third-party reports: engineering, soils, foundation, framing, energy, and any independent inspection.
  • Every warranty — builder warranty, manufacturer warranties, and any third-party warranty program, including its claim procedure and time limits.
  • Invoices, payment records, and lien waivers.
  • The names, license numbers where applicable, and contact information of the general contractor and the subcontractors who did the affected work.

3. Give Written Notice

  • Put the complaint in writing to the builder or contractor. Describe each defect in reasonable detail and attach photographs.
  • Send it by certified mail, return receipt requested, and keep the receipt and the green card. Send a courtesy copy by email.
  • Ask for a written response with a proposed scope and schedule. Do not accept a verbal promise.
  • Copy the warranty administrator if a warranty program applies, and follow the program’s own claim procedure exactly.

Texas has specific presuit notice and inspection requirements for residential construction defect claims. Under Chapter 27 of the Texas Property Code, a claimant seeking damages from a contractor arising from a construction defect must give written notice by certified mail, return receipt requested, before the 60th day preceding the date the action is initiated, specifying the defects in reasonable detail; on written request the contractor must be given a reasonable opportunity to inspect, up to three inspections within 35 days after receiving the notice; and the contractor may make a written settlement offer within 60 days of receiving the notice. Tex. Prop. Code § 27.004(a)–(b). Whether Chapter 27 applies to your situation, and what other notice or outside deadlines apply, depends on the facts and on your contract. Ask a lawyer early.

4. Get an Independent Inspection

  • Hire your own qualified inspector, engineer, or consultant before demolition, and before the builder’s repair.
  • Ask for a written report with photographs, measurements, the standard or code the work failed to meet, the cause, and a repair scope.
  • If destructive testing is needed, document the area before, during, and after, and keep what is removed.
  • Get a written, line-item repair estimate from an independent contractor.

5. Do Not Let the Repair Erase the Proof

  • Do not permit any repair until the condition is photographed and, where practical, inspected by your own consultant.
  • If the builder inspects or repairs, be present, photograph the work in progress, and ask for a written scope before and a written summary after.
  • Keep every removed component — the failed flashing, the cracked tile, the section of pipe — labeled, bagged, and stored dry.
  • Never sign a release, waiver, or “repair complete” acknowledgment before you know the repair actually worked.
  • Do not delay repairs that are causing ongoing damage. Document, then mitigate, and keep the receipts.

Your initial case review is free. Call (850) 572-8784 or email info@claimattorney.com.

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This guide is general information for Texas and Alabama residents, not legal advice, and reading it does not create an attorney-client relationship. Deadlines and policy terms vary, and results depend on the facts of each case. Michael P. Bowman is licensed to practice law in Texas and Alabama only. Responsible attorney: Michael P. Bowman, Law Office of Michael P. Bowman PLLC, Austin, Texas. Questions? Call (850) 572-8784 or visit www.claimattorney.com.