Howdy! Does anyone have a recommendation for a construction law attorney? We may have to bring a civil suit against our home builder and possibly a criminal suit. We're in the San Antonio area. Thanks!
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Construction Law Attorney Recommendation
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Last: 1 day ago by TR-Ag
I can highly recommend Patrick Cohoon with Leger, Ketchum & Cohoon in Boerne.
He's helped me with a few issues over the years and is excellent. He's the kind of legal counselor who will tell you your chances of success and cost-to-benefit considerations before you engage significantly.
He's helped me with a few issues over the years and is excellent. He's the kind of legal counselor who will tell you your chances of success and cost-to-benefit considerations before you engage significantly.
Thank you!
If you want to just post the situation here, The Texags Outdoors Lawyers/Non-Lawyers would be happy to assist in finding a solution.
OlRock said:
If you want to just post the situation here, The Texags Outdoors Lawyers/Non-Lawyers would be happy to assist in finding a solution.
Very condensed version:
- custom home build
- closed in October (6 months over schedule)
- found mold on the concrete subsurface under the laminate flooring in February (we have mold inspection and protocol reports). Plumbing inspection showed no signs of leaking. There was no flood, pipe break, etc…
- estimates for mold remediation and reconstruction is around $80K. Cost is higher because the builder placed our cabinets on top of the laminate flooring so they all have to be ripped out with the countertops and the laminate flooring.
- independent home inspector found 40-50 code violations. The builder's contract states that he will abide by local, state, and national codes.
Quote:
- independent home inspector found 40-50 code violations.
Out of curiosity, who was inspecting the home during the build? Did you not have a 3rd party inspection prior to closing?
My company has used Bill Sommers and Ian McLin @ Langley Banack in the past for construction defect litigation.
I love those Randle Loftin inspection videos. I know he's DFW, but I hope we can see one for the OP.
Apache said:Quote:
- independent home inspector found 40-50 code violations.
Out of curiosity, who was inspecting the home during the build? Did you not have a 3rd party inspection prior to closing?
We're out of the city limits so there was no required county inspection other than septic and a couple others. Yes, we should have had it done prior to closing. A lot more to the situation, but we're in the one year warranty with the builder. Yes, lesson learned on the inspection.
Sims said:
My company has used Bill Sommers and Ian McLin @ Langley Banack in the past for construction defect litigation.
Agreed. Bill Sommers would be another I'd recommend.
Thank you!
Now the the OP has good info:
This was/is one of my favorite IG follows. He doesn't post as much anymore but he would post stuff years ago that seemed so crazy I actually messaged him and asked if he was a satire account because some of his posts were hardly believable. He kindly replied "Seems like I should be doesn't it? Nope, I'm a real inspector and these are real homes - and they aren't cheap."
https://www.instagram.com/reel/DXcsGcpD-1X/?utm_source=ig_web_copy_link&igsh=MzRlODBiNWFlZA==
ETA since the link doesn't preview, its @systematic_home_inspections and he posts reels of insanely bad construction stuff he finds during inspections.
This was/is one of my favorite IG follows. He doesn't post as much anymore but he would post stuff years ago that seemed so crazy I actually messaged him and asked if he was a satire account because some of his posts were hardly believable. He kindly replied "Seems like I should be doesn't it? Nope, I'm a real inspector and these are real homes - and they aren't cheap."
https://www.instagram.com/reel/DXcsGcpD-1X/?utm_source=ig_web_copy_link&igsh=MzRlODBiNWFlZA==
ETA since the link doesn't preview, its @systematic_home_inspections and he posts reels of insanely bad construction stuff he finds during inspections.
What's the builder's stance on the mold?
Good luck with that.
I live in a neighborhood that was developed in the San Antonio post-wat boom of the late-1940s. Some of the lots are being scraped to make way for mcmansions. A nearby neighbor decided to do this. They scraped the lot sometime in 2022 and began building. The structure was close to dried in when the engineer paid a visit. He found a lot of discrepancies and variations from the plans. Supposedly they wanted the contractor to do some rework, and he refused. Work stopped , and they filed suit on the builder. They structure has been sitting half finished since 2023.
I live in a neighborhood that was developed in the San Antonio post-wat boom of the late-1940s. Some of the lots are being scraped to make way for mcmansions. A nearby neighbor decided to do this. They scraped the lot sometime in 2022 and began building. The structure was close to dried in when the engineer paid a visit. He found a lot of discrepancies and variations from the plans. Supposedly they wanted the contractor to do some rework, and he refused. Work stopped , and they filed suit on the builder. They structure has been sitting half finished since 2023.
Have you had the mold tested? There is a difference between run of the mill mold, which is pretty much found in any house to one degree or another, and the black toxic type of mold that actually makes you sick and is bad stuff.
Not defending the contractor, don't take it that way.
Not defending the contractor, don't take it that way.
Another plug for Langley and Banack
schmellba99 said:
Have you had the mold tested? There is a difference between run of the mill mold, which is pretty much found in any house to one degree or another, and the black toxic type of mold that actually makes you sick and is bad stuff.
Not defending the contractor, don't take it that way.
Yes, we have a mold inspection report and protocol. We also have estimates for the mold remediation and reconstruction afterward.
When you say laminate flooring, can you be more specific? Is it laminate wood or LVP?
The reason I ask is because I have heard of this issue being very common with LVP flooring products. It's advertised as waterproof, which is great, but the problem is that means it doesn't let moisture go the other direction either (up and out into the air). So if there is ANY moisture below the LVP it ends up getting trapped there and becoming a mold problem. This could be moisture coming up through the slab because they didn't do a proper vapor barrier underneath, or it could be moisture that was naturally in the slab and they didn't let it "dry out" and get to a proper moisture content level before installing the flooring. Do you know if a slab moisture content test was done prior to the flooring install?
The reason I ask is because I have heard of this issue being very common with LVP flooring products. It's advertised as waterproof, which is great, but the problem is that means it doesn't let moisture go the other direction either (up and out into the air). So if there is ANY moisture below the LVP it ends up getting trapped there and becoming a mold problem. This could be moisture coming up through the slab because they didn't do a proper vapor barrier underneath, or it could be moisture that was naturally in the slab and they didn't let it "dry out" and get to a proper moisture content level before installing the flooring. Do you know if a slab moisture content test was done prior to the flooring install?
Quote:
possibly a criminal suit
????
Get familiar with the Texas Residential Construction Liability Act (RCLA)
drummer0415 said:
When you say laminate flooring, can you be more specific? Is it laminate wood or LVP?
The reason I ask is because I have heard of this issue being very common with LVP flooring products. It's advertised as waterproof, which is great, but the problem is that means it doesn't let moisture go the other direction either (up and out into the air). So if there is ANY moisture below the LVP it ends up getting trapped there and becoming a mold problem. This could be moisture coming up through the slab because they didn't do a proper vapor barrier underneath, or it could be moisture that was naturally in the slab and they didn't let it "dry out" and get to a proper moisture content level before installing the flooring. Do you know if a slab moisture content test was done prior to the flooring install?
Shaw is in the middle of settling Millions worth of claims on this very issue.
Gil '91
Something is off in this. OP doesn't specify where in the home it is, could the whole house based on the cost estimate. Sounds a lot like flooring installed directly on new concrete without any kind of waterproofing underlayment and was done prior to setting cabinets. I've never done that in any of my builds, the only time we work on flooring prior to cabinets is when we do polished concrete floors when we seal and cover them.
I build custom homes and find it hard to believe that the private inspector found 40-50 code violations. I could be wrong but most private inspectors mean well, but always follow the code they learn and don't follow the IRC codes for that specific county.
Did the builder give you a warranty with the house? All of our homes have a "Home of Texas" 1, 2, 10 warranty.
I'd be happy to look at your private inspection and give you my two cents. Sorry you're having this big of an issue with your home.
Did the builder give you a warranty with the house? All of our homes have a "Home of Texas" 1, 2, 10 warranty.
I'd be happy to look at your private inspection and give you my two cents. Sorry you're having this big of an issue with your home.
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