§ 16.008.Architects, Engineers, Interior Designers, and Landscape Architects Furnishing Design, Planning, or Inspection of Construction of Improvements

Title 2. Trial, Judgment, and Appeal · Subtitle B. Trial Matters · Chapter 16. Limitations · Subchapter A. Limitations of Personal Actions · Last amended 2021 · Last verified August 29, 2026

In one sentenceSection 16.008 cuts off claims against architects, engineers, interior designers, and landscape architects ten years after substantial completion — eight years when a governmental entity is the claimant.

Full Text of § 16.008

Text sizeJump to: (a) (a-1) (b) (c)

(a)Except as provided by Subsection (a-1), a person must bring suit for damages for a claim listed in Subsection (b) against a registered or licensed architect, engineer, interior designer, or landscape architect in this state, who designs, plans, or inspects the construction of an improvement to real property or equipment attached to real property, not later than 10 years after the substantial completion of the improvement or the beginning of operation of the equipment in an action arising out of a defective or unsafe condition of the real property, the improvement, or the equipment.

(a-1)A governmental entity must bring suit for damages for a claim listed in Subsection (b) against a registered or licensed architect, engineer, interior designer, or landscape architect in this state, who designs, plans, or inspects the construction of an improvement to real property or equipment attached to real property, not later than eight years after the substantial completion of the improvement or the beginning of operation of the equipment in an action arising out of a defective or unsafe condition of the real property, the improvement, or the equipment. This subsection does not apply to a claim arising out of:

(1)a contract entered into by the Texas Department of Transportation;

(2)a project that receives money from the state highway fund or a federal fund designated for highway and mass transit spending; or

(3)a civil works project, as that term is defined under Section 2269.351, Government Code.

(b)This section applies to suit for:

(1)injury, damage, or loss to real or personal property;

(2)personal injury;

(3)wrongful death;

(4)contribution; or

(5)indemnity.

(c)If the claimant presents a written claim for damages, contribution, or indemnity to the architect, engineer, interior designer, or landscape architect within the applicable limitations period, the period is extended for:

(1)two years from the date the claim is presented, for a claim to which Subsection (a) applies; or

(2)one year from the date the claim is presented, for a claim to which Subsection (a-1) applies.

End

Plain-English Summary

This is a statute of repose, and the distinction from a limitations period matters. A limitations period runs from when a claim accrues. Repose runs from an event that has nothing to do with the claimant — here, substantial completion of the improvement or the beginning of operation of the equipment — and it can extinguish a claim before anyone was injured.

The general period is ten years. The claim must arise out of a defective or unsafe condition of the real property, the improvement, or the equipment, and the section reaches suits for property damage, personal injury, wrongful death, contribution, and indemnity.

A governmental entity claimant gets eight years rather than ten under subsection (a-1) — a shorter window for the public body, which is the reverse of the usual pattern. Three categories are carved out of the shorter period: Texas Department of Transportation contracts, projects funded from the state highway fund or federal highway and mass transit money, and civil works projects.

Presenting a written claim inside the period extends it — two years from presentation for the ordinary ten-year claim, one year for the governmental eight-year claim.

Frequently Asked Questions

How long can an engineer or architect be sued after a project?

Ten years after substantial completion of the improvement, or the beginning of operation of the equipment. Governmental entity claimants have eight.

What is the difference between repose and a limitations period?

A limitations period runs from when the claim accrues. Repose runs from substantial completion regardless of when the injury happens, so it can bar a claim before anyone is hurt.

Does a written claim extend the deadline?

Yes — by two years from presentation for the ten-year period, or one year for the governmental eight-year period.

Which claims does this section cover?

Suits for injury, damage, or loss to property; personal injury; wrongful death; contribution; and indemnity.

Are highway projects treated differently?

Yes. The eight-year governmental period does not apply to TxDOT contracts, projects funded from the state highway fund or federal highway and transit money, or civil works projects.

Amendment History

Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985. Amended by Acts 1997, 75th Leg., ch. 860, Sec. 1, eff. Sept. 1, 1997.
Amended by:
Acts 2021, 87th Leg., R.S., Ch. 484 (H.B. 3069), Sec. 1, eff. June 14, 2021.

Source & verification. Section text is reproduced verbatim from Texas Legislature Online (statutes.capitol.texas.gov). Enacted by the Texas Legislature. Current through May 14, 2026. Last verified August 29, 2026. · Official source