Tex. Civil Practice and Remedies Code § 16.009 — TX Code / Code cp / Chapter 16 / Section 16.009
§ 16.009. PERSONS FURNISHING CONSTRUCTION OR REPAIR OF IMPROVEMENTS.
Status: in_force

(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.