Your home may be the largest investment that you will make in your lifetime. When the value of your home is negatively affected by defective construction, whether part of a landscaping or remodeling project, or during new home construction, the residential construction attorneys at CPT can help to protect your investment.
Due to the numerous overlapping laws, statutes, rules, and regulations, resolving a home construction or residential contract dispute in Texas can be difficult and time consuming without an attorney on your side. In fact, failing to follow the requirements of some statutes may result in a complete dismissal of your claim. The home defect and residential construction attorneys at CPT assist clients with navigating this maze to obtain the maximum recovery on their defective home construction claims.
Some of the laws and regulations that may apply to a home construction, home remodeling, landscaping, or home system defect claim in Texas are listed and explained below.
Texas Residential Construction Liability Act (RCLA)
Texas adopted the RCLA in 1999, which applies only to certain residential construction disputes arising on or after September 1, 1999. If the RCLA governs a construction dispute, statutory notice requirements, contractor inspection rights, and settlement procedures may be applicable. For instance, a homeowner may be required to provide statutory notice to the contractor or builder not less than sixty days prior to filing a claim in most cases. In addition, if a contractor or builder requests to inspect a home or property, the RCLA generally requires that the homeowner provide the builder or contractor a reasonable opportunity to inspect the property. Lastly, the RCLA sets forth procedures that can be invoked by a contractor or builder under which the contractor or builder can either make a settlement offer or offer to repair the claimed defects.
Texas Residential Construction Commission Act (TRCCA)
In 2003, Texas enacted the TRCCA, which created the Texas Residential Construction Commission (TRCC). The TRCC regulates Texas' residential construction industry and is tasked with, among other duties, establishing minimum warranty and building standards for residential construction. Among other important aspects, the TRCCA and TRCC established the following
- Builder and new home construction project registration requirements. Under the TRCCA, all persons or entities meeting the statute's definition of a builder must be registered and hold a certificate of registration issued by the TRCCA. Further, the TRCCA generally requires that all new homes or improvements to existing homes be registered with the TRCCA.
- Minimum building standards and statutory warranties. The TRCC has also adopted minimum statutory warranties that apply to new home construction and home remodeling projects.
- 1 year warranty for general workmanship and materials
- 2 year warranty for "mechanical delivery systems," such as plumbing, electrical, heating, and air-conditioning systems
- 10 year warranty for major structural components and for the statutory warranty of habitability
- Administrative state-sponsored inspection and dispute resolution process (SIRP). The TRCCA and TRCC also created the Administrative state-sponsored inspection and dispute resolution process, which is a mandatory process that applies to most claims for defects or construction problems arising after construction is complete.
Warranties
Depending on when a new home construction, remodeling, or landscaping project began, additional statutory and common-law warranties may apply to the construction
- Manufacturer warranties
- Express warranties
- Contractual warranties
- Implied warranties
