§ 95.001.Definitions

Three definitions, and the third sets the chapter's boundary.

"Property owner" means a person or entity that owns real property primarily used for commercial or business purposes.

The commercial use requirement excludes residential property. A homeowner having work done is outside the chapter, and a contractor injured at a private home sues under ordinary premises liability.

The distinction reflects who the chapter is for. The problem it addresses arises where a business owns a facility and brings in contractors to work on it — a refinery, a plant, a warehouse — and the contractors have expertise in the work the owner does not.

"Primarily" allows for mixed use. Property with an incidental residential component is still covered if its main use is commercial.

"Claim" means a claim for damages caused by negligence, including a counterclaim, cross-claim, or third party claim. The chapter governs negligence claims, so an intentional tort claim falls outside it.

"Claimant" is a party making a claim subject to the chapter.

The applicability section then narrows further, to claims arising from the condition or use of an improvement to real property where the contractor constructs, repairs, renovates, or modifies it.