Landscaping Defects
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Landscaping construction can be equally expensive and time consuming as new home construction or a home remodeling project. Proper landscaping typically raises the value of a home, increases aesthetics and "curb appeal," and generally makes a home more inviting and livable. But a landscaping project that results in unnecessary delay, increased costs, construction defects, or one that is simply not completed can substantially increase costs for the homeowner and negatively affect a home's investment value.
The landscaping and residential construction defect attorneys at CKPT assist homeowners with all types of landscaping construction claims. Our attorneys work together with clients to determine the course of action that both best preserves the value of the home and remedies the construction defects. If a homeowner has a landscaping defect claim or a landscaping project that turns out to be less that what was purchased, it is important to evaluate and analyze the actions of all those who have been involved in the landscaping project.
Landscape architect
In Texas, only persons who are registered landscape architects with the Texas Board of Architectural Examiners may hold themselves out as landscape architects.
Landscape designer
While most residential landscaping projects do not require a registered landscape architect to approve or oversee the design or construction, a "landscape designer" may assist with the design and layout of a given landscaping project and create plans from which the landscape construction is based. Whether a landscape designer's design and plans meet applicable code and permit requirements is an important consideration. Further, persons who hold themselves out as "interior designers" are licensed and regulated by the Texas Board of Architectural Examiners.
Land surveyor
Land surveyors are regulated by the Texas Board of Professional Land Surveying. Under the Professional Land Surveying Practices Act and rules enacted by the Texas Board of Professional Land Surveying, most land surveyors, including those that engage in identifying property boundaries and those that platt subdivisions, must be registered or licensed and meet strict continuing education requirements.
Landscape contractor
Although there is no requirement that landscape contractors be registered or licensed in Texas, many times much of the work performed by landscaping contractors is governed by local ordinances and building codes. Work performed by a landscape contractor that does not comply with applicable building codes, permits, and other ordinances may ultimately result in added expenses to a homeowner who is forced by the governing municipality to repair or demolish the violations.
Irrigation installer
With very few exceptions, such as licensed plumbers and licensed landscape architects, only Licensed Irrigators, who are regulated by the Texas Commission on Environmental Quality, may design, install, modify, repair, or service residential sprinkler systems. In addition, many municipalities require that irrigation companies register with the municipality prior to installing new irrigation systems.
Electricians
Electricians are regulated by the Texas Department of Licensing and Regulation. With limited exceptions, persons performing electrical work at a home for a fee are required to be licensed under the Texas Electrical Safety and Licensing Act. All licensed electricians are required to meet certain levels of minimum continuing education.
Plumbers
The Texas State Board of Plumbing Examiners is responsible for enforcing the Plumbing License Law, which includes examining, licensing, and regulating persons involved in repairing, replacing, maintaining or installing plumbing in the State of Texas, regardless of the size of the job. All licensed plumbers must meet continuing education requirements and maintain state mandated insurance.
Masonry and Concrete Installation
Although there is no requirement that masons be registered or licensed in Texas, much of the work that masons perform is governed by local building codes, and in certain circumstances, the Texas Residential Construction Commission. All competent masons should be familiar with applicable building codes to ensure that the work provided will not result in costly fines to a homeowner by local code enforcement officials or premature failure of the masonry structure.
Arbor Construction
Once again, although arbor builders are not licensed by the State of Texas, the structures themselves must often comply with local building codes. Choosing a builder whom is not familiar with the local building codes may result in a structure that is neither aesthetically pleasing nor structurally sound. Additionally, choosing a builder whom does not comply with local permitting and inspection procedures may result in a structure that must be demolished at the order of a local municipality.
The landscaping defect attorneys at CKPT assist clients with many aspects related to home and residential landscaping defects, including:
- New hardscape and softscape construction disputes
- Landscape remodeling construction disputes
- New pools and pool refurbishment defects
- Incomplete landscaping construction or remodeling
- Irrigation defect claims
- Landscape drainage disputes
- Change order disagreement
- Defects or incomplete construction involving decks, patios, arbors, and outdoor living areas
- Water leakage and mold claims
- Payment and nonpayment issues
- Fraud in a real estate transaction, including misrepresentations related to landscaping projects
- Breach of landscaping contracts and agreements
- Breach of landscaping project warranties
- City or municipal code violations and incomplete permitting
If you have a potential landscape defect or construction claim, call us today and discuss yoru potential claim with a CKPT construction attorney.
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