# Defective Contractor Work: Who Must Fix It? (Liability) | Who Pays the Repair?

> In Texas the contractor must be given a written notice at least 60 days before you sue over a defect, and then has 60 days to make a settlement offer.

**Who pays:** third-party

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.

**Boundary:** 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.

## Sources
- [Construction Defects: Consumer Protection Guide](https://guides.sll.texas.gov/consumer-protection/construction-defects) — "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." (accessed 2026-09-29)
- [Construction Defects: Consumer Protection Guide (RCLA notice requirement)](https://guides.sll.texas.gov/consumer-protection/construction-defects) — "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." (accessed 2026-09-29)

_Last verified 2026-09-29. Source: Who Pays the Repair? — https://whopaystherepair.com/rules/contractor-defective-work-must-they-fix-it/ — every claim checked against a primary source before publication (see /methodology/)._