Texas House Bill HB1053

Texas 2017 - 85th Regular

Caption

Relating to statutes of repose for certain claims involving the construction or repair of an improvement to real property or the attachment of equipment to real property.

Impact

The change proposed in HB1053 will significantly impact how claims are filed concerning construction-related issues. By cutting the statute of repose from ten years to five, those involved in construction or real estate will be under increased pressure to resolve deficiencies more quickly and responsibly. The provision that allows an extension of two years if a claim is presented within the five-year period remains intact. This change intends to foster a more efficient legal framework for addressing defects in real property improvements but raises concerns about potentially limiting consumers' rights to justice for legitimate grievances.

Summary

House Bill 1053 relates to the statutes of repose for certain claims involving the construction or repair of improvements to real property or the attachment of equipment to such property. The bill aims to amend existing provisions in the Civil Practice and Remedies Code, specifically Sections 16.008 and 16.009, which currently allow parties to bring forth lawsuits related to construction defects or unsafe conditions up to ten years after the substantial completion of a project. This bill seeks to reduce that time frame to five years, thus shortening the period during which parties can initiate legal action against architects, engineers, and others in the construction industry.

Contention

Discussions surrounding HB1053 likely stem from a broader debate on the balance between protecting the interests of consumers and providing a fair framework for construction professionals. Proponents argue that the shorter statute of repose would discourage prolonged disputes that can negatively impact the construction industry. Conversely, opponents may argue that such changes could limit the ability of homeowners and consumers to seek redress after realizing defects, particularly if they do not discover these issues until years after construction is completed. Therefore, this bill encapsulates important discussions regarding liability and responsibility in real estate and construction sectors.