Title PR, Property Code

Sec. 27.004. NOTICE AND OFFER OF SETTLEMENT. (a) Before the 60th day preceding the date a claimant seeking from a contractor damages or other relief arising from a construction defect initiates an action, the claimant shall give written notice by certified mail, return receipt re…

Sec. 27.0041. MEDIATION. (a) If a claimant files suit seeking from a contractor damages arising from a construction defect in an amount greater than $7,500, the claimant or contractor may file a motion to compel mediation of the dispute. The motion must be filed not later than th…

Sec. 27.0042. CONDITIONAL SALE TO BUILDER. (a) A written agreement between a contractor and a homeowner may provide that, if the reasonable cost of repairs necessary to repair a construction defect that is the responsibility of the contractor exceeds an agreed percentage of the c…

Sec. 27.005. LIMITATIONS ON EFFECT OF CHAPTER. This chapter does not create a cause of action or derivative liability or extend a limitations period. Added by Acts 1989, 71st Leg., ch. 1072, Sec. 1, eff. Sept. 1, 1989. Amended by Acts 1999, 76th Leg., ch. 189, Sec. 7, eff. Sept. …

Sec. 27.006. CAUSATION. In an action to recover damages resulting from a construction defect, the claimant must prove that: (1) the construction defect existed at the time of completion of the construction, alteration, or repair; and (2) the damages were proximately caused by the…

Sec. 27.007. DISCLOSURE STATEMENT REQUIRED. (a) A written contract subject to this chapter, other than a contract between a developer of a condominium and a contractor for the construction or repair of a residence or appurtenance to a residence in a condominium, must contain in t…

Sec. 27.008. EFFECT OF ARBITRATION ON LIMITATIONS PERIOD. The submission of an action subject to this chapter to arbitration has the same effect on the running of a limitations period as a filing in a court in this state. Added by Acts 2023, 88th Leg., R.S., Ch. 441 (H.B. 2022), …

Sec. 27.009. NO WAIVER. An attempted waiver of the provisions of this chapter in a contract subject to this chapter is void. Added by Acts 2023, 88th Leg., R.S., Ch. 441 (H.B. 2022), Sec. 7, eff. September 1, 2023.