Texas Civil Practice and Remedies Code

§ 16.009 — PERSONS FURNISHING CONSTRUCTION OR REPAIR OF IMPROVEMENTS

CP § 16.009Title 2. TRIAL, JUDGMENT, AND APPEAL · Part B. TRIAL MATTERS · Ch. 16. LIMITATIONS · Art. A. LIMITATIONS OF PERSONAL ACTIONS

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(a)Except as provided by Subsection (a-1) or (a-2), a claimant must bring suit for damages for a claim listed in Subsection (b) against a person who constructs or repairs an improvement to real property not later than 10 years after the substantial completion of the improvement in an action arising out of a defective or unsafe condition of the real property or a deficiency in the construction or repair of the improvement. (a-1) A governmental entity must bring suit for damages for a claim listed in Subsection (b) against a person who constructs or repairs an improvement to real property not later than eight years after the substantial completion of the improvement in an action arising out of a defective or unsafe condition of the real property or a deficiency in the construction or repair of the improvement. This subsection does not apply to a claim arising out of:

(1)a contract entered into by the Texas Department of Transportation;

(2)a project that receives money from the state highway fund or a federal fund designated for highway and mass transit spending; or

(3)a civil works project, as that term is defined under Section 2269.351, Government Code. (a-2) Except as provided by this subsection, with respect to any claim arising out of the design, construction, or repair of a new residence, of an alteration of or repair or addition to an existing residence, or of an appurtenance to a residence, a claimant must bring suit for damages for a claim listed in Subsection (b) against a person who constructs or repairs an improvement to real property not later than 10 years after the substantial completion of the improvement in an action arising out of a defective or unsafe condition of the real property or a deficiency in the construction or repair of the improvement. If the person being sued is a contractor who has provided a written warranty for the residence that complies with Subsection (a-3), the claimant must bring the suit not later than six years after the substantial completion of the improvement. (a-3) For purposes of Subsection (a-2), a written warranty must provide a minimum period of:

(1)one year for workmanship and materials;

(2)two years for plumbing, electrical, heating, and air-conditioning delivery systems; and

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Legislative history

Acts 2021, 87th Leg., R.S., Ch. 484 (H.B. 3069), Sec. 2, eff. June 14, 2021. Acts 2023, 88th Leg., R.S., Ch. 442 (H.B. 2024), Sec. 1, eff. June 9, 2023.