How the Texas Residential Construction Liability Act (RCLA) Affects Your Construction Defect Deadlines

Construction projects don’t always go as planned. Homeowners in Texas often face problems like water intrusion, foundation cracks, or structural issues that show up long after a contractor finishes work. When this happens, the question is simple: how much time do you have to bring a claim? The answer is tied directly to Texas law—specifically the Residential Construction Liability Act (RCLA) and the state’s statutes of limitations and repose.

This article explains what the RCLA is, how it interacts with Texas construction defect deadlines, and why timing can make or break your case.

What Is the Texas Residential Construction Liability Act (RCLA)?

The RCLA is found in Chapter 27 of the Texas Property Code. It was enacted to create a clear framework for resolving construction defect disputes between homeowners and builders. Instead of letting lawsuits move forward immediately, the RCLA requires a notice-and-response process before a homeowner can file suit.

In practice, this means you must give the contractor written notice of the alleged defects and an opportunity to inspect or repair before heading to court. The law is meant to reduce unnecessary litigation and encourage settlements.

But the RCLA does more than outline procedure—it also directly impacts how deadlines are calculated for filing claims.

Texas Statutes of Limitation and Repose for Construction Defects

Before looking at how the RCLA changes deadlines, it’s important to understand the baseline time limits in Texas.

• Statute of Limitations: Generally, homeowners have two years from the time they discover (or reasonably should have discovered) a construction defect to file a claim. This is called the “discovery rule.”
• Statute of Repose: Separate from the limitations period, Texas also has a 10-year statute of repose for construction defect claims. This is an absolute deadline—no matter when you discover the defect, you cannot bring a claim more than 10 years after substantial completion of the project.

Together, these rules set the framework: you must act within two years of discovering the problem, but never later than 10 years after the work was done.

How the RCLA Affects These Deadlines

The RCLA interacts with these statutes in several important ways:

1. Notice Periods Pause the Clock

When a homeowner sends a written notice of defect to the contractor, the RCLA requires waiting at least 60 days before filing suit. During this period, the contractor may request an inspection or offer to repair the issues. Importantly, this 60-day period pauses (or tolls) the statute of limitations. In other words, the clock temporarily stops ticking while the notice process plays out.

If mediation is requested under the RCLA, that period also tolls the statute. This ensures homeowners are not penalized for following the law’s required steps.

2. Opportunities to Repair Extend Timelines

If the contractor offers to repair the defects and the homeowner agrees, the statute of limitations may be extended further. Repairs take time, and the law recognizes that deadlines should not expire while parties are actively trying to resolve the issue outside of court.

3. Interplay with the Statute of Repose

The statute of repose—the absolute 10-year cutoff—remains firm under Texas law. The RCLA does not eliminate or extend it. However, the notice and repair process can push back the expiration of your statute of limitations claim, so long as you remain within that 10-year window.

For example:

• A defect is discovered 9 years after completion.
• You notify the contractor under the RCLA.
• Your 2-year limitations period starts, but you must still file suit before the 10-year repose date expires.

The RCLA protects your limitations claim but cannot save you from the 10-year final bar.

Why These Rules Matter

Understanding how the RCLA affects deadlines is critical for two reasons:

1. Preserving Your Right to Sue
   If you skip the RCLA notice process, your case may be dismissed. If you ignore the statute of limitations or repose, you may lose your claim entirely—even if the defect is severe.
2. Strategic Advantage
   The notice-and-repair process can sometimes work to your benefit. Contractors may choose to settle or repair quickly to avoid litigation. Knowing how long you have to act ensures you don’t lose leverage.

Steps to Protect Your Claim Under the RCLA

Homeowners dealing with potential defects should take several steps to preserve their rights:

Document the Problem

Keep detailed records of the defect, including photos, videos, repair invoices, and inspection reports.

Send Timely Written Notice

The RCLA requires written notice of defect to the contractor by certified mail, return receipt requested. Oral complaints won’t protect your rights.

Track the Deadlines

Mark the date of substantial completion, the date you first noticed the defect, and the date you sent notice. These dates control your limitations and repose periods.

Allow Inspections

If the contractor requests an inspection, you must allow it. Refusing may hurt your ability to recover later.

Consult an Attorney Early

Construction defect law in Texas is complex. An experienced construction lawyer can make sure you comply with the RCLA while keeping your claim alive under the statutes of limitation and repose.

Example Scenario

Imagine you bought a new home in Dallas, and after four years, cracks appear in the foundation. You suspect poor soil preparation during construction.

• You send a certified notice letter to the builder, starting the RCLA process.
• The builder inspects and offers to repair, but the repairs fail.
• You decide to sue two years later.

Because the RCLA paused the statute of limitations during the notice and repair process, your case is still timely—so long as you file before the 10-year repose deadline.

Without following the RCLA process, you might have risked dismissal or lost valuable time.

Key Takeaways

• Two Deadlines Apply: Texas gives you two years from discovery and 10 years maximum from completion to file construction defect claims.
• RCLA Notice Is Mandatory: You must notify the contractor and allow a chance to repair before suing.
• Deadlines Pause, But Not Forever: The RCLA tolls the statute of limitations during notice, inspection, and repair periods—but the statute of repose is absolute.
• Timing Is Everything: Missing a deadline can end your claim, no matter how serious the defect.

Conclusion

The Texas Residential Construction Liability Act (RCLA) was designed to encourage resolution of construction defect disputes without lengthy litigation. But for homeowners, it adds a layer of complexity to already strict deadlines. Understanding how the RCLA interacts with the statutes of limitation and repose can mean the difference between recovering damages and losing your claim entirely.

If you’re facing a construction defect, don’t wait until the clock runs out. Document the issue, send notice properly, and talk to a Texas construction defect lawyer as soon as possible. The law gives you rights—but only if you act in time.