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Texas Property Code - Section 428.001. Request For Resolution

Legal Research Home > Texas Laws > Property Code > Texas Property Code - Section 428.001. Request For Resolution

§ 428.001. REQUEST FOR RESOLUTION.  (a) If a dispute 
between a homeowner and a builder arises out of an alleged 
construction defect, the homeowner or the builder may submit to the 
commission a written request for state-sponsored inspection and 
dispute resolution.
	(b)  The request must:                                                         
		(1)  specify in reasonable detail each alleged 
construction defect that is a subject of the request;
		(2)  state the amount of any known out-of-pocket 
expenses and engineering or consulting fees incurred by the 
homeowner in connection with each alleged construction defect;
		(3)  include any evidence that depicts the nature and 
cause of each alleged construction defect and the nature and extent 
of repairs necessary to remedy the construction defect, including, 
if available, expert reports, photographs, and videotapes, if that 
evidence would be discoverable under Rule 192, Texas Rules of Civil 
Procedure;
		(4)  be accompanied by the fees required under Section 
426.004;  and        
		(5)  state the name of any person who has, on behalf of 
the requestor, inspected the home in connection with an alleged 
construction defect.
	(c)  Not later than the 30th day before the date a homeowner 
submits a request under this section, the homeowner must notify the 
builder in writing of each construction defect the homeowner claims 
to exist.  After the notice is provided, the builder must be 
provided with a reasonable opportunity to inspect the home or have 
the builder's designated consultants inspect the home.
	(d)  A person who submits a request under this section must 
send by certified mail, return receipt requested, a copy of the 
request, including evidence submitted with the request, to each 
other party involved in the dispute.
	(e)  The commission by rule shall establish methods by which 
homeowners may be notified of the name, mailing address, and 
telephone number of the commission for the purpose of directing a 
request to the commission.
	(f)  The commission shall provide a person who files a 
request with a copy of the commission's policies and procedures 
relating to investigation and resolution of a request.
	(g)  The commission by rule shall establish a standard form 
for submitting a request under this section and provide a means to 
submit a request electronically.
	(h)  The filing of a request under this section tolls the 
limitations period in any action between the homeowner and the 
builder arising out of the subject of the request until the 45th day 
after the date a final, nonappealable recommendation is issued 
under this title in response to the request.

Added by Acts 2003, 78th Leg., ch. 458, § 1.01, eff. Sept. 1, 
2003.      

Last modified: August 11, 2007