Right to repair in Texas is coming at a time when construction lawsuits are frustrating. In most cases, when there is a defect or an issue at a job site, a lawsuit can spring up before a discussion about the solution takes place. However, most Texans in the construction industry are breathing a sigh of relief because of the new “Right to Repair” law. This law will aid in the mitigation of lawsuits that can pop up overnight.
KEY TAKEAWAYS:
- Governor Greg Abbott signed the HB 1999 that requires following a specific criterion before filing a lawsuit over construction issues.
- To draft an inspection report for the contractors, you need the services of a licensed engineer.
- Contractors have 30 days to inspect the alleged damages and another 120 days to correct the construction defects.
The Signing of the HB 1999 “Right to Repair” Law
The HB 1999, also known as the “Right to Repair” law, was among the bills signed by Governor Greg Abbot in May 2019. The law that supports the stakeholders in the construction field requires certain activities to precede before submitting a lawsuit by the plaintiff over construction defects.
Insider Tip
The HB 1999, also known as the “Right to Repair” law, was among the bills signed by Governor Greg Abbot in May 2019.
The HB 1999 alters the handling of disputes involving public entities. The “Right to Repair” law changes the government code to require counties, cities, school districts, governmental entities, and even universities to take specific steps before suing. The process is as follows:
- First, present a report to each contractual party that identifies the defects of the design or construction of the project.
- Next, allow the parties to inspect and then make the necessary repairs.
Note that repairs, especially with tech gadgets, can be very expensive, which is why the Washington right to repair laws are advantageous to consumers.
The Process for Handling Construction Disputes
I. A licensed engineer will draft an inspection report detailing the defect, the current status of the affected improvements, and a detailed description of the entity’s changes in question.
II. Once the project contractor receives the report, they will take five days to share a copy of the report with the subcontractors who worked on the project.
III. The contractors will have another 30 days to inspect the work to determine the damages or defects.
IV. Within another 120 days, the contractors will be expected to correct the defects. Alternatively, they will have to make a new agreement to fix the flaws.
Note: Laws change regularly so it is important to keep yourself up-to-date. One recently changed law states that unlocking your phone is legal.
Insider Tip
The “Right to Repair” law changes the government code to require counties, cities, school districts, governmental entities, and even universities to take specific steps before suing.
F.A.Q.S
Is Texas a “Right to repair” state?
Technically, the new Texas “Right to Repair” law allows construction professionals to make repairs before filing a lawsuit.
What is the justification for tenants in Texas to pay less rent?
Before using the repair and deduct option, ensure that your circumstances make the provision of paying less rent. In addition, you have to meet the state’s legal requirements on giving your landlord a notice.
What is a fit and finish warranty?
Section 900 of the California Civil Code requires builders to offer buyers a one-year limited warranty to cover the fit and finish of the following: mirrors, cabinets, interior and exterior walls, flooring, countertops, trim and paint finishes. It is not possible to reduce the period from one year.
STAT: In an instance where the landlord does a poor job of making health and safety repairs in your apartment within seven days, the tenant can make the repairs. (source)
