Opportunity To Inspect and Correct

Sec. 2272.004. OPPORTUNITY TO INSPECT AND CORRECT. (a) Before bringing an action asserting a claim to which this chapter applies, the governmental entity must allow each party with whom the governmental entity has a contract for the design or construction of an affected structure and who is subject to the claim and any known subcontractor or supplier who is subject to the claim: (1) a reasonable opportunity to inspect any construction defect or related condition identified in the report for a period of 30 days after sending the report required by Section 2272.003; and (2) at least 120 days after the inspection to: (A) correct any construction defect or related condition identified in the report; or (B) enter into a separate agreement with the governmental entity to correct any construction defect or related condition identified in the report. (b) The governmental entity is not required to allow a party to make a correction or repair under Subsection (a) if: (1) the party: (A) is a contractor and cannot provide payment and performance bonds to cover the corrective work; (B) cannot provide liability insurance or workers' compensation insurance; (C) has been previously terminated for cause by the governmental entity; or (D) has been convicted of a felony; or (2) the governmental entity previously complied with the process required by Subsection (a) regarding a construction defect or related condition identified in the report and: (A) the defect or condition was not corrected as required by Subsection (a)(2)(A) or an agreement under Subsection (a)(2)(B); or (B) the attempt to correct the construction defect or related condition identified in the report resulted in a new construction defect or related condition. Added by Acts 2019, 86th Leg., R.S., Ch. 1287 (H.B. 1999), Sec. 1, eff. June 14, 2019.