Texas · Construction-defect rights
Here is what you have, and here is how to keep it.
In Texas your deadline depends on your contract. If the builder gave you a qualifying 1-2-6 warranty it is six years from completion; if not, ten. Two things work in your favour: putting a written claim in during that period extends it by two more years, and the deadline does not apply at all where a builder concealed something or acted wilfully. Before suing you send a 60-day certified notice under the RCLA describing the defects with evidence; the contractor then has 35 days to inspect and 60 to make an offer. Write the defect down when you see it - the notice has to describe it in detail.
What you have
The deadline does not protect a builder who concealed the problem.
In Texas, a claim of fraud, concealment or serious misconduct is not cut off by the ordinary construction deadline (Tex. Civ. Prac. & Rem. Code § 16.009(e)(3)).
THE REPOSE DOES NOT PROTECT FRAUD. s.16.009(e)(3) removes the deadline entirely for claims based on wilful misconduct or fraudulent concealment - if a builder hid something, the clock does not save them. And s.16.009(c): presenting a WRITTEN CLAIM during the period EXTENDS IT BY TWO YEARS. Putting it in writing buys you time. Any attempt to waive your Chapter 27 rights is void.
The deadline
10 years to bring a construction-defect claim
Tex. Civ. Prac. & Rem. Code s.16.009(a-2); s.16.008 for design professionals
RESIDENTIAL: 10 years from substantial completion, reduced to 6 years where the contractor provided a written warranty complying with s.16.009(a-3) - the 1-2-6 warranty (1 yr workmanship and materials, 2 yr plumbing/electrical/HVAC delivery systems, 6 yr major structural). Effective 9 June 2023 (HB 2024). GOVERNMENTAL ENTITY claimants: 8 years. THREE EXTENSIONS in the statute text: (c) presenting a WRITTEN CLAIM during the period extends it by 2 years from the date presented; (d) if damage occurs during the final year, suit may be brought up to 2 years after the cause of action accrues; (e)(3) THE REPOSE DOES NOT APPLY AT ALL to claims based on wilful misconduct or fraudulent concealment.
“With respect to any claim arising out of the design, construction, or repair of a new residence... a claimant must bring suit for damages... not later than 10 years after the substantial completion 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.”
Before you sue: Residential Construction Liability Act: 60-day written notice by certified mail describing defects and evidence. Contractor may inspect within 35 days and must offer settlement within 60 days. Homeowner must respond within 25 days or risk limits on recovery. Failure to follow RCLA can reduce recovery and attorney fees. Any attempted waiver of Chapter 27 is void. (Tex. Prop. Code Ch. 27 (RCLA))
What to do now
Write it down the day you notice it. Photograph it with something for scale. Note the date, the room, and what you saw. If it gets worse, photograph it again - a sequence is far stronger than one picture. Keep every message with the builder. You are not starting a fight; you are keeping the option open. Texas requires written notice to the builder before you sue: see "Before you sue" on this page for the exact rule. Describe each defect in reasonable detail; a record made at the time is what most people are missing later.
The same defect, a different answer next door
The construction-defect deadline is a state-by-state accident of geography. The identical crack in the identical house can be dead in one state and live in another.