Texas Statutes of Repose and Limitation on Construction Defect Lawsuits

Under Texas law regarding construction defect claims, there are two time limitations on filing a lawsuit against a general contractor, i.e. if the time limit expires, no lawsuit can be filed.

The two time limitations are the Statute of Repose and the Statute of Limitation. As relevant for our Texas Construction Defect law practice:

According to the Statute of Repose any claim (lawsuit filed) against a general contractor must be made within 10 years of Substantial Completion of the project. Substantial Completion may include the date provided by a certificate of occupancy but in most instances there are other tests.

The Statute of Limitation additionally provides that any claim (lawsuit filed) against a general contractor must be made within 4 years of the date of Discovery of Defect. Discovery of the defect is a fact specific endeavor and often a grey area. Check with us for a legal opinion specific to your circumstance.

These limiting statutes do not apply to public buildings, e.g. schools, jails…