Sec. 27.002. APPLICATION OF CHAPTER. (a) This chapter applies to:
(1) any action to recover damages or other relief arising from a construction defect, except a claim for personal injury, survival, or wrongful death or for damage to goods; and
(2) any subsequent purchaser of a residence who files a claim against a contractor.
(b) Except as provided by this subsection, to the extent of conflict between this chapter and any other law, including the Deceptive Trade Practices-Consumer Protection Act (Subchapter E, Chapter 17, Business & Commerce Code) or a common law cause of action, this chapter prevails. To the extent of conflict between this chapter and Title 16, Title 16 prevails.
(c) In this section:
(1) "Goods" does not include a residence.
(2) "Personal injury" does not include mental anguish.
(d) This chapter does not apply to an action to recover damages that arise from:
(1) a violation of Section 27.01, Business & Commerce Code;
(2) a contractor's wrongful abandonment of an improvement project before completion; or
(3) a violation of Chapter 162.
Added by Acts 1989, 71st Leg., ch. 1072, Sec. 1, eff. Sept. 1, 1989. Amended by Acts 1993, 73rd Leg., ch. 797, Sec. 3, eff. Aug. 30, 1993; Acts 1999, 76th Leg., ch. 189, Sec. 2, eff. Sept. 1, 1999; Acts 2003, 78th Leg., ch. 458, Sec. 2.02, eff. Sept. 1, 2003.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 843 (H.B. 1038), Sec. 2, eff. September 1, 2007.
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