Texas House Bill HB3847

Texas 2025 - 89th Regular

• Filed: 3/5/25

Caption

Relating to certain construction defect litigation.

Impact

The impact of HB3847 is expected to be significant on the landscape of construction litigation in Texas. The bill introduces stringent pleading requirements that claimants must fulfill, including detailed descriptions of the defects and the factual basis for their claims. This could lead to a decrease in the volume of claims filed and could particularly affect smaller construction firms that may struggle to meet these heightened expectations. Additionally, the ability for defendants to request dismissals based on insufficient pleading could deter potential claims, thereby influencing the overall dynamics of the construction industry.

Summary

House Bill 3847 focuses on reforming the process related to construction defect litigation involving commercial properties. The bill aims to establish clear definitions and requirements for filing claims concerning alleged defects in commercial construction. By creating specific guidelines for what constitutes a commercial construction defect and the responsibilities of the parties involved, the bill seeks to streamline processes in the legal system, potentially reducing frivolous or poorly substantiated claims.

Contention

Throughout discussions surrounding HB3847, there was notable contention focused on the balance between protecting legitimate claims and preventing abuse of the legal system. Some stakeholders argue that while the bill provides necessary protections for construction firms, it might also impede legitimate claimants from accessing justice due to the rigorous and potentially burdensome requirements for filing claims. Furthermore, the bill includes provisions for the awarding of attorney’s fees, which raises concerns about the financial implications for claimants, particularly if their claims are dismissed.