When does Texas construction harm during the last repose year permit two years after accrual?

Determine the applicable section 16.009 period and any timely written-claim presentation before identifying its last year.

Establish when the actual damage, injury or death occurred, rather than substituting discovery without analysis.

Establish the cause’s accrual and any independent shorter limitation.

1. Determine the applicable section 16.009 period and any timely written-claim presentation before identifying its last year.
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. Test the harm-occurrence window first. Only then assess the two-year accrual period and other applicable limitations.
3. The accrual-only preset cannot establish the applicable original period or whether harm occurred during its last year.

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 accrual-only preset cannot establish the applicable original period or whether harm occurred during its last year.

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.

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.

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.

• Determine the applicable section 16.009 period and any timely written-claim presentation before identifying its last year.
• Establish when the actual damage, injury or death occurred, rather than substituting discovery without analysis.
• Establish the cause’s accrual and any independent shorter limitation.
• 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.
• 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.
• 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.
• 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.
• 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.