United States · Texas statutory limitations
When does Texas’s eight-year government construction branch apply?
Section 16.009(a-1) requires the covered government construction or repair suit within eight years after substantial completion. Its transportation-contract, designated highway-funding and civil works exclusions must be checked. A timely written claim uses the one-year presentation provision. Last-year harm, express exclusions and other limitations remain material.
- Period
- Eight years under subsection (a-1), subject to the specified project exclusions and remaining section 16.009 provisions
- Trigger
- Substantial completion of the improvement after establishing a nonexcluded government project
- Rule
- Texas CPRC 16.009(a-1)
Current official consolidated Chapter 16 text retrieved October 5, 2026
Source guide · No automated date
Establish the complete statutory procedure
The eight-year preset cannot decide the project exclusions, timely presentation, last-year harm or another governing limitation.
Texas CPRC 16.009(a-1)What lawyers say
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Which events matter for this statutory condition?
Establish the actual governmental claimant and covered construction or repair defendant.
Check the contract, highway funding and civil works exclusions independently.
Establish completion, written-claim presentation, actual harm and any governing shorter limitation.
Texas CPRC 16.009(a-1)How must the complete timing condition be assessed?
- Establish the actual governmental claimant and covered construction or repair defendant.
- Government Code 311.005(12) defines a year as twelve consecutive months. Section 311.014 supplies statutory computation. Select the actual statutory branch and establish every required event before applying a year count. Select the nonexcluded government branch first. Subsection (c)(2) uses one year from timely presentation, while subsection (d) has its separate last-year occurrence condition.
- The eight-year preset cannot decide the project exclusions, timely presentation, last-year harm or another governing limitation.
Section 16.072 extends its statutory suit-filing period when the last day is a Saturday, Sunday or holiday to the next day county offices are open for business. Establish the actual county calendar. This guide does not determine a court filing hour or automatically apply that treatment to another act.
Texas CPRC 16.009(a-1)Why does this guide publish no calculated date?
The eight-year preset cannot decide the project exclusions, timely presentation, last-year harm or another governing limitation.
Which conditions or exclusions change the assessment?
- Excluded government projects
- The eight-year government branch excludes a Texas Department of Transportation contract, a project receiving state highway or designated federal highway or mass-transit funds, and a civil works project as defined by Government Code 2269.351. This guide identifies the statutory cross-reference without deciding that separate definition.
- Timely written claim
- Subsection (c) requires presenting the actual written claim during the applicable period. It specifies two years from presentation for subsection (a), but one year for subsections (a-1) and (a-2). Do not assume every residential or governmental claim gets two years.
- Last-year injury relief
- Section 16.009(d) permits suit within two years after accrual if damage, injury or death occurs during the last year of the applicable period. Establish that actual occurrence window and accrual separately.
- Express exclusions from the bar
- Section 16.009(e) preserves its specified longer written warranty, guaranty or contract, claims against a person in actual possession or control when harm occurs, and wilful misconduct or fraudulent concealment. This guide does not decide whether facts satisfy an exclusion.
- Other limitations remain independent
- Section 16.009(f) does not extend or affect another state-law period for bringing an action. A repose endpoint alone does not establish timely suit.
- This statutory-text review does not decide disputed facts, accrual, title, retrospective application or a court holding.
What evidence should be checked before acting?
Common questions
This statutory procedure
Does designated highway funding affect this branch?
Yes. Subsection (a-1)(2) expressly excludes its stated state-highway and federal highway or mass-transit funded project.
Texas CPRC 16.009(a-1)Does a timely government written claim use two years from presentation?
No. Subsection (c)(2) states one year for subsection (a-1).
Texas CPRC 16.009(c)(2)Does the eight-year endpoint establish every deadline for the claim?
No. Subsection (f) preserves other state-law periods, and the remaining statutory conditions must be assessed.
Texas CPRC 16.009(f)Official sources and review
Provisions used (9)
| Provision | Purpose |
|---|---|
| Texas CPRC 16.009(a-1) | The specific actor, required act and timing conditions |
| Texas CPRC 16.009(a-1) | Excluded government projects |
| Texas CPRC 16.009(c) | Timely written claim |
| Texas CPRC 16.009(d) | Last-year injury relief |
| Texas CPRC 16.009(e) | Express exclusions from the bar |
| Texas CPRC 16.009(f) | Other limitations remain independent |
| Texas Government Code 311.005(12) | The statutory year unit, where applicable |
| Texas Government Code 311.014 | Statutory computation, where applicable |
| Texas CPRC 16.072 | The separate statutory suit-filing closed-day provision |