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Texas law

Construction Defect Laws in Texas.

Texas construction defect claims are governed by the Texas Residential Construction Liability Act (RCLA, Tex. Prop. Code Chapter 27) — requiring pre-suit notice and opportunity to repair. The general 2-year SOL for tort and 4-year SOL for contract apply. Texas has a 10-year statute of repose from substantial completion (Tex. Civ. Prac. & Rem. Code § 16.009). Texas contractor licensing is trade-specific (electrical, plumbing, HVAC) rather than general. Texas Deceptive Trade Practices Act (DTPA) may apply to residential construction disputes with treble damages.

Last verified: 2026-04-17

State law

Statute of Limitations

2 years (tort); 4 years (contract); 10-year statute of reposeTex. Civ. Prac. & Rem. Code §§ 16.003, 16.051, 16.009

2-year general statute for tort. 4-year statute for written contract. 10-year statute of repose bars actions against designers, builders, or contractors more than 10 years after substantial completion.

State law

Key Texas Statutes

Residential Construction Liability Act (RCLA)Tex. Prop. Code Chapter 27

Residential homeowners must provide 60-day pre-suit notice of defects to the contractor, with opportunity to inspect and make a written offer to repair or pay. Failure to comply may limit recovery.

Mechanics' and Materialman's LiensTex. Prop. Code Chapter 53

Contractors, subcontractors, and suppliers may file mechanics' liens against improved real property. Texas has both statutory and constitutional lien frameworks (Tex. Const. art. XVI, § 37).

Deceptive Trade Practices Act (DTPA) — Construction ContextTex. Bus. & Com. Code § 17.41 et seq.

DTPA may apply to residential construction disputes with consumers, providing treble damages for knowing violations.

Trade-Specific Contractor LicensingTex. Occ. Code various chapters

Texas does not require a general contractor license. Licensing required for specific trades including electrical (Chapter 1305), plumbing (Chapter 1301), and air conditioning/HVAC (Chapter 1302).

State law

Official Sources

Not Legal Advice

This page summarizes publicly available statutes and rules for informational purposes only. It does not constitute legal advice, and no attorney-client relationship is created by viewing this content. Laws change — always verify with the primary source or consult a licensed attorney in Texas.

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