Home Builder Negligence

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Before the devastating effects of Hurricane Harvey, city and county building codes required builders to build foundations to certain elevations — for example, a builder may have been required to build a home’s foundation 18 inches above the 100-year floodplain or above the height of your curb. These elevation regulations were set in place to help protect homes and businesses from flooding. If your builder constructed your home in violation of a similar elevation guideline or other local building regulations, their actions may have contributed to damages you incurred during Hurricane Harvey.

Building developers and contractors are obligated by law to exercise a reasonable degree of expertise, care and knowledge when building your home. Developers and contractors are also legally responsible for the actions of their subcontractors, and their duty of care extends to anyone who is injured from a construction defect. This duty of care covers future home and business owners harmed as well.

If your home was built to incorrect elevation specifications, your home was likely put at greater risk during Hurricane Harvey. Similarly, if your neighbors’ homes were built to a higher elevation than your home, your neighbors’ homes may have caused the flooding on your property. The Texas Water Code prohibits all Texans from causing flooding on another property. If your neighbors’ homebuilders caused flooding in your home, they may be liable for the flood damages you suffered during Harvey.

If someone built your home in a way that enabled flooding or allowed water into your home, or if your neighbors caused your home to flood, The Potts Law Firm is here to help you be fairly compensated for the damages you’ve suffered. Contact us today for a free consultation with one of our undefeated Hurricane Harvey lawyers.


Common Recoverable Damages
  • Building repair costs
  • Property replacement costs
  • Interest
  • Attorney’s fees


Frequently Asked Questions
Will anything else effect my right to recovery for my Hurricane Harvey home builder negligence claim?

If you bought your home from a builder, you may have a contract that identifies your rights and responsibilities as a purchaser. The attorneys at The Potts Law Firm can review your contract to identify any additional rights you may have against your home builder.

My neighbor filed a claim against our home builder after Hurricane Harvey. Do I have the same claim?

Building developers and contractors generally owe the same responsibilities and duty of care to you as they did to your neighbors, and your home was likely built in a similar fashion as your neighbor’s home. If you believe your home developer or contractor’s negligence contributed to the damages you incurred from Hurricane Harvey, contact The Potts Law Firm today for your free consultation with one of our Hurricane Harvey lawyers.

What is the difference between the 100-year floodplain and the 500-year floodplain?

According to the Harris County Flood Control District, the 100-year floodplain represents an area of inundation having a 1% chance of being equaled or exceeded in any given year, while the 500-year floodplain represents inundation having a .2% chance of being equaled or exceeded in any given year.

What elevation regulations are in place for home builders after Hurricane Harvey?

Before January 1, 2018, builders in unincorporated Harris County were required to build finished flooring 18 inches above the 100-year floodplain. After January 1, those building in unincorporated Harris County are required to build 36” above the 100-year flood plain, which is considered the 500-year flood plain. Houston’s mayor, Sylvester Turner, is also attempting to raise limits inside incorporated Houston, given that Houston has experienced three 500-year floods in the past three years.

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