YOUR POOL CONTRACTOR MAY HAVE FAILED YOU — BUT TEXAS LAW HASN’T
Texas Homeowners Have Powerful Rights Against Defective Pool Construction
Most Texas homeowners have no idea how powerful their legal rights can be when a swimming pool contractor delivers defective work, refuses to make repairs, or simply stops responding.
That is particularly unfortunate because defective construction—and, in some cases, outright deception—is far too common in the Texas construction industry.
The pattern is familiar.
A homeowner spends $75,000, $100,000, $150,000 or substantially more to build what is supposed to be the pool of their dreams. Months later, cracks appear. Water begins leaking. Tile separates. Decking moves. Plumbing fails. Equipment does not operate properly. Water features deteriorate. Structural components begin showing signs of distress.
Then comes the second problem:
The contractor refuses to take responsibility.
The homeowner is blamed. The soil is blamed. The weather is blamed. Maintenance is blamed. Someone else is blamed.
Or even worse—the contractor simply stops answering the phone.
Texas homeowners should understand something very important:
A contractor’s refusal to accept responsibility does not determine your legal rights. Texas law does.
Two of the most important laws protecting Texas homeowners are the Residential Construction Liability Act (“RCLA”) and the Texas Deceptive Trade Practices Act (“DTPA”).
Together, these statutes can provide substantial leverage against pool contractors responsible for defective construction and deceptive business practices.
THE RCLA: TEXAS LAW PROTECTING HOMEOWNERS FROM CONSTRUCTION DEFECTS
The Texas Residential Construction Liability Act is found in Chapter 27 of the Texas Property Code.
That can make the RCLA critically important in residential swimming-pool disputes.
Pool contractors frequently point homeowners to written warranties containing limitations, exclusions, deadlines, and fine print.
That should not be the end of the conversation.
A contractor cannot simply assume that a restrictive warranty provision eliminates every potential claim arising from defective residential construction. The RCLA establishes a statutory process governing residential construction-defect claims and the damages that may be recovered.
The focus should be on the defect itself, its cause, the resulting damages, the contract and warranty language, and the homeowner’s rights under Texas law.
Typical pool construction defects may include:
- Structural cracking in the pool shell;
- Water leaks;
- Plumbing and circulation failures;
- Defective decking or coping;
- Tile failures;
- Improper drainage;
- Defective plaster or interior finishes;
- Water intrusion into surrounding structures;
- Defective waterfalls, slides, fountains, and other water features;
- Improperly installed equipment;
- Electrical and safety defects;
- Exposed or deteriorating structural components;
- Settlement and movement; and
- Construction that fails to comply with the plans, specifications, contract, or applicable construction standards.
These are not merely cosmetic problems when they interfere with the pool’s intended use, threaten the integrity of the structure, create safety concerns, or require substantial corrective construction.
THE CONTRACTOR SHOULD GET ONE OPPORTUNITY TO MAKE IT RIGHT
The RCLA requires the contractor to repair or potentially replace the entire pool plus related structures including the patio, landscaping, etc. The RCLA triggers a sixty-day clock which allows direct negotiations between the parties to address and correct the defects. We are not talking about endless warranty work – but a real and final resolution of the problem. It takes an aggressive law firm armed with the RCLA to accomplish this result.
A homeowner should not necessarily have to absorb tens of thousands of dollars in repair costs simply because the contractor refuses to honor its obligations.
THEN THERE IS THE DTPA
Sometimes defective construction is only half of the story.
The other half is what the homeowner was told.
Texas has one of the country’s best-known consumer protection statutes: the Deceptive Trade Practices–Consumer Protection Act, commonly called the DTPA.
The DTPA can become particularly important when the evidence goes beyond poor workmanship and demonstrates false, misleading, or deceptive conduct.
We frequently see the same kinds of allegations:
“There’s nothing wrong with the pool.”
“That’s normal cracking.”
“You caused the problem.”
“It just needs maintenance.”
“We already fixed it.”
“That’s not covered.”
“Someone will call you next week.”
And then nobody calls.
The DTPA can potentially apply where a contractor makes actionable misrepresentations about its services, the quality or characteristics of the work, the existence of warranties or remedies, or other material facts.
The precise claim always depends upon the evidence. But when a contractor’s conduct crosses the line from defective construction into actionable deception, the financial consequences can become substantially greater.
THREE TIMES THE DAMAGES
This is where the DTPA can have real teeth.
If the statutory requirements are established, the DTPA permits recovery of economic damages. When the defendant acted knowingly, the statute permits additional damages of up to two times the amount of economic damages—in other words, potentially three times economic damages in total.
The DTPA also provides for recovery of reasonable and necessary attorney’s fees by a prevailing consumer.
That can create tremendous leverage.
Imagine a pool requiring $100,000 in corrective construction.
The dispute may no longer simply involve a $100,000 repair bill.
Depending upon the facts, evidence, statutory elements, and defendant’s state of mind, the potential exposure under the DTPA can become dramatically larger.
That is precisely why homeowners should not allow a contractor to dictate the value of their case simply by saying:
“It’s not covered by our warranty.”
That may be the contractor’s position.
It is not necessarily Texas law.
DOCUMENT EVERYTHING
Homeowners dealing with serious pool defects should preserve the evidence immediately.
Keep the contract, plans, specifications, warranties, invoices, photographs, videos, emails, text messages, service requests, repair records, inspection reports, and every communication with the contractor.
Photograph cracks and leaks as they develop.
Document unsuccessful repairs.
Save communications in which the contractor acknowledges the problem, promises to repair it, blames someone else, or refuses further work.
In a serious construction case, those records can become extraordinarily important.
An independent pool or construction expert may also be needed to determine what failed, why it failed, what must be done to correct it, and what those repairs will cost.
DON’T LET THE CONTRACTOR CONTROL THE NARRATIVE
One of the biggest mistakes homeowners make is allowing the contractor to control the dispute for months—or even years.
Another inspection.
Another service call.
Another patch.
Another promise.
Another excuse.
Meanwhile, the defect becomes worse.
At some point, homeowners need to stop asking the contractor for favors and start asserting their legal rights.
That means identifying the defects, documenting the damages, retaining appropriate experts when necessary, complying with the RCLA notice process, and evaluating whether the contractor’s conduct also violates the DTPA.
HOLDING LARGE CONTRACTORS ACCOUNTABLE REQUIRES SERIOUS LEGAL FIREPOWER
Construction companies understand leverage.
They have contracts. They have lawyers. They have insurance companies. They have experts. And some have substantial financial resources available to defend claims.
A homeowner should not have to fight that battle alone.
At The Moster Law Firm, construction litigation is a major part of what we do. Our attorneys represent Texas homeowners in construction-defect disputes involving builders, contractors, pool companies, manufacturers, lenders, and other parties responsible for defective construction and deceptive practices.
Our objective is straightforward:
Identify every responsible party. Document every defect. Calculate the full damages. Use the RCLA and DTPA aggressively. And force the responsible parties to confront the true financial consequences of refusing to make things right.
We believe bad contractors should be held accountable—and Texas law gives homeowners powerful tools to do exactly that.
CHECK OUT OUR RESULTS
Don’t just take our word for it.
Check out the Success Stories we publish every month on The Moster Law Firm’s website.
They demonstrate what can happen when consumers stop accepting excuses and start enforcing their rights.
If your swimming pool is cracking, leaking, deteriorating, unsafe, improperly constructed, or simply not what you were promised, you may have substantially greater rights than your contractor wants you to believe.
Before accepting another excuse, find out what Texas law can do for you.
THE MOSTER LAW FIRM, P.C.
Texas Construction Defect & Consumer Protection Attorneys
214.623.5627
www.themosterlawfirm.com
This article is provided for general informational purposes and does not constitute legal advice. Every construction dispute depends upon its individual facts, contract documents, applicable law, and statutory requirements.
