DFW Construction Defect Litigation

Meyer | Shumrick represents homeowners, condominium associations, and homeowners' associations in construction defect disputes throughout Dallas–Fort Worth and North Texas. Our Dallas practice is led by Cody Crowley, an attorney licensed in Texas.

Our firm focuses on construction litigation involving serious building failures, defective workmanship, and construction-related property damage. Through our Dallas office, we bring that focus to property owners confronting foundation movement, water intrusion, structural deficiencies, drainage problems, and defective common-area construction.

North Texas presents distinct construction challenges. Expansive clay soils, rapid residential development, and the complex relationships among developers, contractors, and subcontractors can make identifying the cause of a failure — and determining who is legally responsible — particularly difficult.

We approach these disputes through careful investigation, qualified expert analysis, and preparation for litigation. The objective is not simply to identify a defect, but to establish responsibility, determine the reasonable cost of correcting the problem, and pursue recovery from the responsible parties.

We generally accept qualifying construction defect cases on a contingency-fee basis, meaning no attorney's fee unless there is a recovery. Litigation costs and expenses are addressed in the engagement agreement.

Construction disputes we handle

• Condominium and townhome association defects — building envelope failures, water intrusion, structural deficiencies, defective roofing and waterproofing, and construction defects affecting multiple units or common elements.
• HOA common-area defects — defective clubhouses, pools, retaining walls, drainage and detention systems, private streets, entry structures, and other community improvements.
• Single-family residential defects — foundation and slab movement, expansive soil conditions, inadequate grading and drainage, framing deficiencies, stucco failures, and water intrusion.
• Multifamily and mixed-use property claims — construction defect disputes involving residential developments and mixed-use buildings, representing owners and associations in claims against responsible construction and development parties.

For association boards and community managers

Construction defects affecting an entire development present significant legal, technical, and financial challenges. Boards must determine the extent of the damage, evaluate repair options, identify potentially responsible parties, and protect the association's legal rights — all while managing the financial concerns of individual owners.

Texas law imposes particular requirements on certain condominium association construction defect claims. Under Texas Property Code § 82.119, associations with eight or more units generally must obtain an independent engineer's inspection and written report, provide prescribed notices, and secure approval from owners holding more than 50 percent of the allocated votes before pursuing qualifying litigation or arbitration.

Attorney Cody Crowley leads our Dallas practice and works with associations to evaluate potential construction defect claims, coordinate necessary investigations, and navigate applicable pre-suit requirements.

For qualifying matters, contingency-fee representation can allow an association to pursue recovery without paying attorney's fees as the case progresses, subject to the terms of the engagement agreement.

Where your case is heard

The appropriate forum for a construction defect dispute depends on the property's location, the parties involved, the claims asserted, and any applicable contractual dispute-resolution provisions.

Claims involving properties in Dallas may proceed in Dallas County district courts. Properties in Frisco, McKinney, Allen, Celina, Prosper, and other growing North Texas communities may fall within Collin County, Denton County, or another jurisdiction, depending on the property's location and the applicable venue rules.

Some construction and development contracts require arbitration rather than litigation in court.

Our Dallas practice evaluates these procedural and contractual issues at the outset so that claims are developed for the appropriate forum.

The Dallas office