United States · Texas statutory limitations
When does a Texas residential warranty select six years instead of ten?
Section 16.009(a-2) ordinarily uses ten years for its residential claim, but selects six years when the defendant is the stated contractor and provided a written warranty satisfying subsection (a-3). That warranty must cover at least one year for workmanship and materials, two years for the listed systems, and six years for major structural components. All statutory conditions matter.
- Period
- Six years only for the qualifying written-warranty branch, with the remaining section 16.009 conditions
- Trigger
- Substantial completion after establishing the covered residence, contractor and qualifying written warranty
- Rule
- Texas CPRC 16.009(a-2)
Current official consolidated Chapter 16 text retrieved October 5, 2026
Source guide · No automated date
Establish the complete statutory procedure
The single six-year preset cannot verify the residence, contractor and three warranty categories or select presentation and last-year-harm relief.
Texas CPRC 16.009(a-2)What lawyers say
5.0“The platform is really easy to use.”
Michael B.Employment litigation attorney · California
“The Evidence Record saved us time with our insurance on bankruptcy matters.”
MariaBankruptcy and commercial attorney · London, UK
“The most up-to-date service we could find.”
Li ChenArbitration practitioner · Singapore
Which events matter for this statutory condition?
Identify the subsection (a-4) residence, including the stated dwelling, townhouse, egress and accessory-structure limits.
Establish the contractor cross-reference and obtain the actual written warranty.
Verify all three subsection (a-3) minimum categories, substantial completion and any written claim or last-year harm.
Texas CPRC 16.009(a-2)How must the complete timing condition be assessed?
- Identify the subsection (a-4) residence, including the stated dwelling, townhouse, egress and accessory-structure limits.
- 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 six years only after verifying the complete warranty and covered residence. Subsection (c)(2) treats subsection (a-2) presentation relief as one year, not two.
- The single six-year preset cannot verify the residence, contractor and three warranty categories or select presentation and last-year-harm relief.
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-2)Why does this guide publish no calculated date?
The single six-year preset cannot verify the residence, contractor and three warranty categories or select presentation and last-year-harm relief.
Which conditions or exclusions change the assessment?
- All warranty minimums
- Subsection (a-3) requires at least one year for workmanship and materials, two years for plumbing, electrical, heating and air-conditioning delivery systems, and six years for major structural components.
- Residence and contractor
- Subsection (a-4) supplies its residence definition and refers contractor to Property Code 27.001. This guide does not resolve the separate contractor definition or disputed building classification.
- 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.
- Governing edition
- The retained history identifies the residential amendments effective June 9, 2023. Current consolidated text does not itself establish application to every older contract or improvement.
- 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
Is a six-year structural warranty enough by itself?
No. Subsection (a-3) also requires the workmanship/materials and listed systems minimums.
Texas CPRC 16.009(a-3)Does every apartment building meet this residence definition?
Do not assume so. Subsection (a-4) identifies particular dwelling, townhouse and accessory-structure conditions.
Texas CPRC 16.009(a-4)Does a timely written claim in this residential branch use two years?
Subsection (c)(2) states one year for a claim to which subsection (a-2) applies.
Texas CPRC 16.009(c)(2)Official sources and review
Provisions used (11)
| Provision | Purpose |
|---|---|
| Texas CPRC 16.009(a-2) | The specific actor, required act and timing conditions |
| Texas CPRC 16.009(a-3) | All warranty minimums |
| Texas CPRC 16.009(a-4) | Residence and contractor |
| 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 CPRC 16.009 | Governing edition |
| 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 |