So what is a "CONSTRUCTION DEFECT"?
The short answer is that it is anything that you did not cause by negligect, maintenance or abuse. So if your shingles start to peel up after a year or your foundation begins to tilt or your roof leaks water and you did nothing to cause any of that, that is a construction defect.
You can be sure that a homebuilder, especially a major large national homebuilder, will tell you that YOU didn't water the foundation or as in the case in Crowley, Texas involving a LENNAR home, they told the homeowner that their dogs had dug sleeping areas next to the foundation that were causing the foundation stress. Yes, that is a true story.
Here is how a "CONSTRUCTION DEFECT" is defined by the Texas Property Code:
§ 401.004. DEFINITION OF CONSTRUCTION DEFECT.
SUBTITLE A. GENERAL PROVISIONS
(a) In this title, "construction defect" means:
(1) the failure of the design, construction, or repair of a home, an alteration of or a repair, addition, or improvement to an existing home, or an appurtenance to a home to meet the applicable warranty and building and performance standards during the applicable warranty period; and
(2) any physical damage to the home, an appurtenance to the home, or real property on which the home or appurtenance is affixed that is proximately caused by that failure.
This is what is NOT a CONSTRUCTION DEFECT:
(b) The term does not include a defect that arises or any damages that arise wholly or partly from:
(1) the negligence of a person other than the builder or an agent, employee, subcontractor, or supplier of the builder;
(2) failure of a person other than the builder or an agent, employee, subcontractor, or supplier of the builder to:
(A) take reasonable action to mitigate any damages that arise from a defect; or
(B) take reasonable action to maintain the home;
(3) normal wear, tear, or deterioration; or
(4) normal shrinkage due to drying or settlement of construction components within the tolerance of building and performance standards.
Added by Acts 2003, 78th Leg., ch. 458, § 1.01, eff. Sept. 1, 2003.