Bill Text: TX HB958 | 2011-2012 | 82nd Legislature | Introduced
Bill Title: Relating to damages in an action arising out of a deficiency in the construction or repair of an improvement to real property.
Spectrum: Partisan Bill (Republican 3-0)
Status: (Introduced - Dead) 2011-03-21 - Left pending in committee [HB958 Detail]
Download: Texas-2011-HB958-Introduced.html
82R4242 AJA-D | ||
By: Workman | H.B. No. 958 |
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relating to damages in an action arising out of a deficiency in the | ||
construction or repair of an improvement to real property. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Chapter 41, Civil Practice and Remedies Code, is | ||
amended by adding Section 41.014 to read as follows: | ||
Sec. 41.014. DAMAGES FOR CONSTRUCTION DEFECT. (a) In this | ||
section, "construction defect" means a deficiency in the | ||
construction or repair of an improvement to real property. | ||
(b) This section applies only to a claim against a person | ||
who constructed or repaired an improvement to real property to | ||
recover the cost of curing a construction defect. | ||
(c) This section applies to a claim regardless of whether | ||
the claim is asserted by a person who contracted for the | ||
construction or repair. | ||
(d) The amount of actual damages for the cost to cure a | ||
construction defect that might otherwise be awarded in a claim | ||
subject to this section is reduced by 10 percent for each | ||
anniversary of the date of substantial completion of the | ||
construction or repair that occurs before the date the action | ||
asserting the claim is filed. An award of exemplary damages, | ||
multiplied damages, or other damages that is computed on the basis | ||
of the amount awarded as damages for the cost to cure the | ||
construction defect must reflect any reduction of that amount under | ||
this section. | ||
SECTION 2. The change in law made by this Act applies only | ||
to construction or repair of an improvement to real property | ||
commenced on or after the effective date of this Act under a | ||
contract entered into on or after the effective date of this Act. | ||
Construction or repair of an improvement to real property under a | ||
contract entered into before the effective date of this Act is | ||
governed by the law in effect immediately before the effective date | ||
of this Act, and that law is continued in effect for that purpose. | ||
SECTION 3. This Act takes effect September 1, 2011. |