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United States · Texas statutory limitations

Which Texas construction or repair repose branch governs a claim?

Section 16.009(a) ordinarily requires its covered construction or repair damages suit within ten years after substantial completion. Government and residential warranty branches can differ. Timely written claims, last-year injury relief, express exclusions and other applicable limitations must be assessed. A completion-plus-ten-year date alone does not establish the actual filing deadline.

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Read why no date is calculated
Period
Ordinarily ten years, with government eight-year and qualifying residential six-year branches plus statutory conditions
Trigger
Substantial completion, with the actual claimant, residential warranty, claim-presentation and harm events assessed
Rule
Texas CPRC 16.009(a)
Texas Civil Practice and Remedies Code, Chapter 16

Current official consolidated Chapter 16 text retrieved October 5, 2026

Source guide · No automated date

Establish the complete statutory procedure

The ten-year completion preset does not select the government or residential branch, presentation-based relief, last-year harm or the independent shorter limitation.

Texas CPRC 16.009(a)

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Which events matter for this statutory condition?

Establish substantial completion of the improvement and the defendant’s construction or repair role.

Classify a governmental claim and any covered residence with the actual written warranty.

Check timely written-claim presentation, harm during the last applicable year, express exclusions and every shorter governing limitation.

Texas CPRC 16.009(a)

How must the complete timing condition be assessed?

  1. Establish substantial completion of the improvement and the defendant’s construction or repair role.
  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. Determine the applicable subsection (a), (a-1) or (a-2) branch before checking subsection (c), (d), (e) and (f).
  3. The ten-year completion preset does not select the government or residential branch, presentation-based relief, last-year harm or the independent shorter 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)

Why does this guide publish no calculated date?

The ten-year completion preset does not select the government or residential branch, presentation-based relief, last-year harm or the independent shorter 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.
Residential warranty branch
Subsections (a-2)–(a-4) require a covered residence, contractor and written warranty satisfying all one-year, two-year and six-year minimums before the six-year branch applies.
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.
Texas CPRC 16.009(a)
  • 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 ten years the only construction repose period?

No. Subsections (a-1) and (a-2) contain government and qualifying residential branches.

Texas CPRC 16.009(a)

Does every residential written claim grant two more years?

Subsection (c)(2) specifies one year from presentation for the subsection (a-2) branch. Timely presentation remains necessary.

Texas CPRC 16.009(c)

Does repose replace a shorter injury limitation?

No. Subsection (f) says this section does not extend or affect another state-law action period.

Texas CPRC 16.009(f)

Official sources and review

Provisions used (10)
Provisions used in this guide
ProvisionPurpose
Texas CPRC 16.009(a)The specific actor, required act and timing conditions
Texas CPRC 16.009(a-1)Excluded government projects
Texas CPRC 16.009(a-2)Residential warranty branch
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 311.014Statutory computation, where applicable
Texas CPRC 16.072The separate statutory suit-filing closed-day provision
Read the official Texas Chapter 16 text

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