§ 130.001.Definitions
Title 6. Miscellaneous Provisions · Chapter 130. Liability Provisions in Certain Construction Contracts · Last amended 2025 · Last verified August 29, 2026
Full Text of § 130.001
Plain-English Summary
Two definitions, and the first is drawn to catch the whole construction chain.
"Construction contract" means a contract entered into by an owner, contractor, subcontractor, registered architect, licensed engineer, land surveyor, or supplier concerning the design, construction, alteration, repair, or maintenance of a building, structure, appurtenance, road, highway, bridge, dam, levee, or other improvement to or on real property — including moving, demolition, and excavation.
Seven categories of party and five categories of work. The breadth is deliberate: indemnity clauses appear at every level of a construction project, and a definition confined to the prime contract would leave the subcontracts untouched.
Including suppliers is notable, since a supply agreement is not a construction contract in ordinary usage — but supply contracts carry indemnity terms too.
"Maintenance" extends the chapter past construction into the life of the building, so a service agreement for a completed structure is within it.
The closing words "or other improvement to or on real property" keep the list of structures open, and naming moving, demolition and excavation forecloses an argument that work removing something is not work on an improvement.
"Land surveyor" means a registered professional land surveyor or licensed state land surveyor as the Occupations Code defines them — the same professionals the certificate of merit chapter covers.
The definition matters because everything the chapter voids is defined by reference to it.
Frequently Asked Questions
What is a construction contract under this chapter?
A contract among owners, contractors, subcontractors, architects, engineers, surveyors or suppliers concerning design, construction, alteration, repair or maintenance of an improvement to real property.
Does it cover subcontracts?
Yes. Subcontractors are named, so indemnity clauses at every level of the chain are within the chapter.
Does it cover demolition?
Yes. Moving, demolition and excavation connected with the real property are included.
Amendment History
- Added by Acts 1987, 70th Leg., ch. 167, Sec. 3.14(a), eff. Sept. 1, 1987. Amended by Acts 2001, 77th Leg., ch. 351, Sec. 2, eff. Sept. 1, 2001.
- Amended by:
- Acts 2025, 89th Leg., R.S., Ch. 306 (S.B. 687), Sec. 1, eff. September 1, 2025.