Texas · Liability: Contractor Did Defective Work, Must They Fix It

Defective Contractor Work: Who Must Fix It? (Liability)

Short answer
The party at fault pays

In Texas you cannot go straight to court over a contractor defect: send a written notice at least 60 days before filing suit, and the contractor then has 60 days to make a settlement offer.

Moderate confidence · Verified Sep 29, 2026 · 1 source

What to do next

What to do next

  1. Photograph the problem and write down the date

    Take the photos before any work starts.

Work through the full repair checklist

Responsibility Boundary

Default rule and exceptions

Texas's Residential Construction Liability Act (Property Code Chapter 27) requires the homeowner to send the contractor written notice of the defect at least 60 days before filing suit, and gives the contractor 60 days to make a settlement offer.

PartyWhat they are responsible for
ContractorResponsible for correcting genuine construction defects; gets a statutory chance to inspect and offer repair/settlement before being sued in states like Texas
HomeownerSend a written notice/demand letter describing the defect at least 60 days before filing suit (Texas RCLA); comply with any similar notice-and-cure statute in their state
ExceptionsNone on record

What the source says

Last verified against the primary source on Sep 29, 2026.

Chapter 27 of the Property Code, also known as the Texas Residential Construction Liability Act (RCLA), encourages homeowners and contractors to resolve disputes before going to court.
Construction Defects: Consumer Protection Guide, checked Sep 29, 2026
At least 60 days before filing a lawsuit, the homeowner must send the contractor a written notice/demand letter describing the defect... After receiving a demand letter, the contractor has 60 days to make an offer of settlement to the homeowner.
Construction Defects: Consumer Protection Guide (RCLA notice requirement), checked Sep 29, 2026

Common questions

Who pays for liability: contractor did defective work, must they fix it in Nationwide, TX?

The party at fault. Responsible for correcting genuine construction defects; gets a statutory chance to inspect and offer repair/settlement before being sued in states like Texas

What is this based on for Nationwide, TX?

This verdict is sourced to Construction Defects: Consumer Protection Guide and 2 sources in total, each independently re-checked before publication.

Sources

  1. Construction Defects: Consumer Protection Guideofficial-guide · verified-primary · accessed 2026-09-29
  2. Construction Defects: Consumer Protection Guide (RCLA notice requirement)official-guide · verified-primary · accessed 2026-09-29
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