What does a timely written claim change for a Texas design-professional suit?

Establish the original improvement-completion or equipment-operation event and applicable subsection (a) or (a-1) branch.

Verify that the written claim was actually presented to the covered design professional during that applicable period.

Select the subsection (c)(1) two-year or (c)(2) one-year presentation rule.

1. Establish the original improvement-completion or equipment-operation event and applicable subsection (a) or (a-1) branch.
2. 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. Timely presentation is a prerequisite. The presentation-based period is branch-specific and cannot be established by counting two years from any correspondence.
3. The isolated two-year written-claim preset lacks the original deadline, timely-presentation check and government one-year selection.

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.

The isolated two-year written-claim preset lacks the original deadline, timely-presentation check and government one-year selection.

Timely presentation to the covered professional

Section 16.008(c) requires the written damages, contribution or indemnity claim to be presented to its specified professional within the applicable period.

Different presentation periods

Subsections (c)(1) and (c)(2) distinguish the ordinary two-year and government one-year branches. A shared presentation date does not make them equivalent.

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.

• This statutory-text review does not decide disputed facts, accrual, title, retrospective application or a court holding.

• Establish the original improvement-completion or equipment-operation event and applicable subsection (a) or (a-1) branch.
• Verify that the written claim was actually presented to the covered design professional during that applicable period.
• Select the subsection (c)(1) two-year or (c)(2) one-year presentation rule.
• Section 16.008(c) requires the written damages, contribution or indemnity claim to be presented to its specified professional within the applicable period.
• Subsections (c)(1) and (c)(2) distinguish the ordinary two-year and government one-year branches. A shared presentation date does not make them equivalent.
• 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.
• Preserve evidence of the act the statute actually requires. If suit is required, establish the proper court, filing method and applicable instructions. If recording or notice is required, establish its separate recipient and completion requirements. This guide supplies no unverified filing cutoff.