§ 16.009.Persons Furnishing Construction or Repair of Improvements

Title 2. Trial, Judgment, and Appeal · Subtitle B. Trial Matters · Chapter 16. Limitations · Subchapter A. Limitations of Personal Actions · Last amended 2023 · Last verified August 29, 2026

In one sentenceSection 16.009 cuts off claims against builders and repairers ten years after substantial completion — six years for a home contractor who gave a qualifying written warranty, and eight for a governmental claimant.

Full Text of § 16.009

Text sizeJump to: (a) (a-1) (a-2) (a-3) (a-4) (b) (c) (d) (e) (f)

(a)Except as provided by Subsection (a-1) or (a-2), a claimant must bring suit for damages for a claim listed in Subsection (b) against a person who constructs or repairs an improvement to real property not later than 10 years after the substantial completion of the improvement in an action arising out of a defective or unsafe condition of the real property or a deficiency in the construction or repair of the improvement.

(a-1)A governmental entity must bring suit for damages for a claim listed in Subsection (b) against a person who constructs or repairs an improvement to real property not later than eight years after the substantial completion of the improvement in an action arising out of a defective or unsafe condition of the real property or a deficiency in the construction or repair of the improvement. 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.

(a-2)Except as provided by this subsection, with respect to any claim arising out of the design, construction, or repair of a new residence, of an alteration of or repair or addition to an existing residence, or of an appurtenance to a residence, a claimant must bring suit for damages for a claim listed in Subsection (b) against a person who constructs or repairs an improvement to real property not later than 10 years after the substantial completion of the improvement in an action arising out of a defective or unsafe condition of the real property or a deficiency in the construction or repair of the improvement. If the person being sued is a contractor who has provided a written warranty for the residence that complies with Subsection (a-3), the claimant must bring the suit not later than six years after the substantial completion of the improvement.

(a-3)For purposes of Subsection (a-2), a written warranty must provide a minimum period of:

(1)one year for workmanship and materials;

(2)two years for plumbing, electrical, heating, and air- conditioning delivery systems; and

(3)six years for major structural components.

(a-4)For purposes of Subsection (a-2):

(1)"Contractor" has the meaning assigned by Section 27.001, Property Code.

(2)"Residence" means the real property and improvements for a detached one-family or two-family dwelling or a townhouse not more than three stories above grade plane in height with a separate means of egress or an accessory structure not more than three stories above grade plane in height.

(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 person performing or furnishing the construction or repair work during 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) or (a-2) applies.

(d)If the damage, injury, or death occurs during the last year of the applicable limitations period, the claimant may bring suit not later than two years after the day the cause of action accrues.

(e)This section does not bar an action:

(1)on a written warranty, guaranty, or other contract that expressly provides for a longer effective period;

(2)against a person in actual possession or control of the real property at the time that the damage, injury, or death occurs; or

(3)based on wilful misconduct or fraudulent concealment in connection with the performance of the construction or repair.

(f)This section does not extend or affect a period prescribed for bringing an action under any other law of this state.

End

Plain-English Summary

The construction counterpart to the design-professional repose, and it works the same way: the clock runs from substantial completion of the improvement, not from when anything went wrong.

The general period is ten years. A governmental entity claimant gets eight, with the same carve-outs for TxDOT contracts, state highway fund projects, and civil works projects.

Residential work has its own rule, and it rewards giving a warranty. For a claim arising from a new residence, or an alteration, repair, or addition to one, the period is ten years — but it drops to six years where the defendant is a contractor who provided a qualifying written warranty. To qualify, the warranty must cover at least one year for workmanship and materials, two years for plumbing, electrical, heating, and air-conditioning systems, and six years for major structural components. A builder who offers that warranty buys four years off its exposure.

Several provisions soften the bar. A written claim presented inside the period extends it. Damage occurring in the last year gives the claimant two years from accrual. And subsection (e) preserves actions on a longer express warranty, against someone in actual possession or control when the harm occurred, and — importantly — claims based on wilful misconduct or fraudulent concealment.

Frequently Asked Questions

How long can a builder be sued in Texas?

Ten years after substantial completion, as a general rule. Six years if the defendant is a home contractor who provided a qualifying written warranty, and eight where a governmental entity is the claimant.

What warranty gets a contractor the six-year period?

One providing at least one year for workmanship and materials, two years for plumbing, electrical, heating, and air-conditioning delivery systems, and six years for major structural components.

What if the damage appears in the last year of the period?

You may bring suit not later than two years after the cause of action accrues, which can carry the claim past the repose date.

Does repose protect a builder who concealed the defect?

No. The section does not bar an action based on wilful misconduct or fraudulent concealment in connection with the construction or repair.

Does a longer written warranty override the repose?

Yes. The section does not bar an action on a written warranty, guaranty, or other contract that expressly provides a longer effective period.

Amendment History

Acts 1985, 69th Leg., ch. 959, Sec. 1, eff. Sept. 1, 1985.
Amended by:
Acts 2021, 87th Leg., R.S., Ch. 484 (H.B. 3069), Sec. 2, eff. June 14, 2021.
Acts 2023, 88th Leg., R.S., Ch. 442 (H.B. 2024), Sec. 1, eff. June 9, 2023.

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