Statutes of Limitations and Repose in Construction Defect Cases
When homeowners, HOAs, or property owners discover construction defects, timing is critical. Texas law imposes strict deadlines for filing claims, and missing them can mean losing your right to recover damages. Recent amendments—especially for newly constructed homes—make understanding these deadlines essential. Knowing the difference between statutes of limitations and statutes of repose is key to protecting your rights.
What Are Statutes of Limitations and Repose?
Statute of Limitations.
This determines when a claim “accrues” and how long you have to sue after discovery of the defect. It’s a procedural rule that bars enforcement if the claim isn’t timely. The clock generally starts when the injury occurs or should have been discovered. Common periods:
- 2 years for negligence and most Texas Deceptive Trade Practices Act (DTPA) claims.
- 4 years for breach of written contract and most warranty claims.
These come from Texas Civil Practice & Remedies Code §§16.003–16.004 and Texas Business & Commerce Code §17.565.
For latent defects, the Discovery Rule may delay the start until the defect is reasonably discovered, but only if it’s inherently undiscoverable and objectively verifiable—a narrow exception.
Statute of Repose.
Unlike limitations, repose sets a hard deadline based on substantial completion, regardless of discovery. It creates a substantive right to be free from liability after that period. Under Texas law:
- 10 years from substantial completion for most projects.
- Up to 12 years in limited cases if a timely written claim is made or damage occurs in the last year.
- 6 years for certain newly constructed one- and two-family homes or townhomes with a statutory “1-2-6” warranty (1 year workmanship, 2 years systems, 6 years structural).
Extensions under the statute are minimal—usually one to two years—and the Discovery Rule does not apply. Once the repose period ends, no claim can be filed.
How They Work Together:
Cases often involve multiple claims (negligence, contract, warranty, DTPA), each with its own limitations period within the larger repose window. House Bill 2024 (effective June 9, 2023) introduced the six-year repose for certain homes, creating gray areas for mixed-use projects and condos. Review your contract and closing documents carefully.
The Discovery Rule Exception:
This rule can extend limitations if a defect was inherently undiscoverable and objectively verifiable. Courts apply it narrowly and, on a category, of-injury basis. It does not affect repose deadlines. Prompt legal advice is essential to determine applicability.
Why Deadlines Matter
These deadlines are robust defenses. Courts dismiss late claims even for severe defects. Example: Brent v. Daneshjou upheld the ten-year repose and dismissed claims filed too late, enforcing separate two- and four-year limitations for DTPA, negligence, and contract claims.
The Residential Construction Liability Act (RCLA) does not extend these deadlines. Chapter 27 of the Texas Property Code adds a pre-litigation process but no extra time.
The Role of the RCLA In Cases
Before suing or arbitrating, homeowners must follow these steps:
- 60-Day Written Notice by certified mail describing defects and evidence.
- Inspection Rights: Contractor may inspect within 35 days.
- Settlement Offers: Contractor can offer repairs or payment within 60 days.
- Homeowner Response: Must reply within 25 days or risk limits on recovery.
If a suit must be filed quickly, courts typically pause the case to allow RCLA compliance. For urgent health or safety threats, contractors must act promptly. Failure to follow RCLA can reduce recovery or attorney’s fees.
Why You Need a Construction Defect Attorney
Deadlines vary by claim type, defect nature, property type, and contract terms. Recent changes—like the six-year repose tied to 1-2-6 warranties—add complexity. An experienced attorney can:
- Identify applicable deadlines.
- Preserve rights under RCLA.
- Evaluate latent defects and Discovery Rule arguments.
- Review contracts and warranties to determine if six- or ten-year repose applies.
- File timely claims to avoid dismissal.
Two homeowners in the same subdivision can face different deadlines based on contract dates and warranties. Early advice often determines whether a claim survives.
Schedule Your Construction Defect Consultation Today:
If you suspect a construction defect, don’t wait. The clock may already be ticking. At Porter Law Firm, we understand the nuances of Texas construction law and will fight to protect your rights before time runs out.
Contact us today to schedule a consultation with our construction defect legal team. We’ll help you understand your options, meet critical deadlines, and pursue the compensation you deserve.