Texas House Bill HB2170

Texas 2017 - 85th Regular

Caption

Relating to responsibility for defects in the plans, specifications, or related documents for the construction or repair of an improvement to real property.

Impact

With the enactment of HB 2170, the implications for state laws include a more stringent requirement for all providers of construction plans and specifications to ensure that their documents are comprehensive and up to professional standards. By introducing a framework that prevents waiving responsibilities associated with these guarantees, the bill aims to enhance accountability within the construction sector. This law is expected to provide a clearer recourse for property owners and contractors who may encounter issues stemming from inadequate construction designs or specifications.

Summary

House Bill 2170 addresses the issue of accountability for defects in plans, specifications, or related documents involved in the construction or repair of real property improvements. The legislation introduces a new chapter to the Business & Commerce Code specifically outlining the responsibilities that individuals or entities take on when they provide such documents, ensuring they guarantee their adequacy and accuracy in relation to the intended construction work. This bill seeks to clarify the legal obligations of those who supply design-related documentation, particularly emphasizing the rights of those who engage contractors or construction professionals based on said documents.

Contention

While the bill has garnered some support for its intent to secure better quality in construction works, potential points of contention arise regarding its impact on design professionals. Concerns have been raised that imposing such liability could result in increased costs for consumers, as providers may price their services to account for the heightened financial risk. Additionally, there is worry about how this bill could affect small contractors and architects, possibly leading to a more cautious approach in their work due to the fear of litigation, which could stifle innovation in building design and implementation.