Texas Property Code - Section 428.001. Request For Resolution
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Texas Laws > Property Code > Texas Property Code - Section 428.001. Request For Resolution
Section: 426.004 426.005 426.006 426.007 426.008 427.001 427.002 428.001 428.002 428.003 428.004 428.005 429.001 430.001 430.002
§ 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
(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
(4) be accompanied by the fees required under Section
(5) state the name of any person who has, on behalf of
the requestor, inspected the home in connection with an alleged
(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,
Last modified: August 11, 2007