This Blog was brought to you by the Brian Woods Law Firm, your San Antonio Construction Lawyer
Statute of Limitations for Construction Defect Claims in Texas
Understanding the filing deadlines for construction defect claims is essential for Texas property owners who discover issues with their buildings. Missing applicable deadlines can permanently forfeit the right to pursue compensation regardless of how serious the defects or how clear the builder’s responsibility. Construction defect lawyers in San Antonio help property owners understand these deadlines and take timely action to preserve their rights. The interplay between statutes of limitations, statutes of repose, and discovery rules creates complexity that construction defect attorneys in San Antonio navigate daily when advising clients about their legal options.
Basic Statute of Limitations for Construction Defects
Texas law establishes time limits for filing lawsuits asserting construction defect claims. Different limitation periods apply depending on the legal theories involved.
Breach of Contract. Claims alleging builders breached construction contracts are subject to a four-year statute of limitations. This period generally begins when the breach occurs, typically when defective construction is completed.
Breach of Warranty. Warranty claims are also subject to four-year limitation periods. The timing of when limitations begin running depends on whether warranties are express or implied and when defects were or should have been discovered.
Negligence. Tort claims alleging negligent construction are subject to two-year limitation periods. These shorter periods make prompt action particularly important for negligence-based claims.
Fraud. When builders fraudulently conceal defects or misrepresent construction quality, four-year limitation periods apply to fraud claims.
Construction defect lawyers in San Antonio analyze which legal theories apply to specific situations and ensure claims are filed within applicable deadlines.
The Discovery Rule
Texas applies a “discovery rule” that can delay the start of limitation periods when defects are not immediately apparent.
Under the discovery rule, limitation periods begin when property owners discover defects or when they should have discovered defects through reasonable diligence. This rule recognizes that some construction defects remain hidden for years before manifesting in observable problems.
The discovery rule does not give property owners unlimited time. Once defects become apparent or should have become apparent, limitation periods begin running, and property owners must act promptly.
What constitutes reasonable diligence varies with circumstances. Property owners who ignore obvious warning signs or fail to investigate suspicious conditions may be charged with constructive knowledge that starts limitation periods running even without actual discovery.
Construction defect attorneys in San Antonio help clients establish when defects were actually discovered and argue for the application of the discovery rule when appropriate.
Statute of Repose: The Absolute Deadline
Texas imposes a ten-year statute of repose that creates an absolute deadline for construction defect claims regardless of when defects are discovered.
The statute of repose begins running upon substantial completion of construction, meaning when construction is complete or substantially complete. After ten years from substantial completion, property owners cannot file construction defect claims even if defects were latent and only recently discovered.
This absolute deadline can have severe consequences when defects remain hidden for extended periods. Property owners may discover serious problems only to learn that the statute of repose has extinguished their claims.
The ten-year repose period applies to claims against contractors and construction professionals. Claims against manufacturers of defective construction products may be subject to different repose periods under product liability law.
Construction defect lawyers in San Antonio carefully analyze when construction was substantially completed to determine whether claims remain viable.
Impact of Written Warranties
Express warranties provided by builders can affect limitation periods in several ways.
Warranty periods set the timeframe within which builders are contractually obligated to address covered defects. Defects that occur within the warranty period trigger warranty obligations and may extend the time to bring claims.
However, warranty periods do not necessarily align with statute-of-limitations periods. A defect may arise within the warranty period but remain subject to general limitation rules requiring prompt filing of claims.
Some warranty documents contain provisions purporting to shorten limitation periods or require arbitration of disputes. These provisions may be enforceable and can affect when and how claims must be pursued.
Construction defect attorneys in San Antonio review warranty documents carefully and advise clients how warranty terms affect their legal rights and deadlines.
Tolling of Limitation Periods
Certain circumstances can pause or “toll” the running of limitation periods, extending the time available for filing claims.
Minority. When property owners are minors, limitation periods may be tolled until they reach adulthood.
Incapacity. Mental incapacity can toll limitation periods under certain circumstances.
Defendant Absence. When defendants leave Texas, limitation periods may be tolled during their absence.
Fraudulent Concealment. When builders actively conceal defects, limitation periods may be tolled until the concealment is or should be discovered.
Tolling rules are complex and fact-specific. Construction defect lawyers in San Antonio evaluate whether tolling arguments might extend deadlines in particular cases.
Protecting Your Rights Before Deadlines Pass
Property owners who suspect construction defects should take prompt action to protect their rights.
Document Conditions. Photograph and record all suspected defects. Documentation establishes when problems were observed and supports claims.
Investigate Promptly. When warning signs appear, investigate their causes rather than waiting to see if problems worsen. Delay in the investigation can affect when the discovery rule limitations begin running.
Consult Legal Counsel Early. Construction defect claims involve multiple deadlines and procedural requirements. Early consultation with construction defect lawyers in San Antonio ensures you understand your options and preserve your rights.
Send Required Notices. The Texas Residential Construction Liability Act requires pre-suit notice to builders. Sending timely notice protects rights and may extend time for resolution.
Time limits can extinguish your construction defect claims forever. Bryan Woods Law Firm helps San Antonio property owners understand deadlines and take timely action. Call 210-824-3278 before it’s too late.