What Is the Statute of Repose for Architects, Engineers & Construction Contractors in Texas? (§§ 16.008–16.009)
Direct Answer Under Texas Law
Under Texas Civil Practice and Remedies Code §§ 16.008 and 16.009, suits for personal injury, wrongful death, or property damage against a registered architect, licensed professional engineer, or contractor who constructs or repairs an improvement to real property are barred 10 years after substantial completion of the improvement (shortened to 8 years for certain government-contracted claims and 6 years for certain residential defect claims under recent legislative amendments).
Critical Texas Procedural Trap to Watch Out For
While §§ 16.008–16.009 shield the architect, engineer, and construction contractor after the repose period expires, they DO NOT shield the current property owner or landlord who remained in possession and control of the building at the time a balcony or stairway collapsed (§ 16.009(e)(1)), nor do they shield off-site component manufacturers (Sonnier v. Chisholm-Ryder)!
Recommended Action Plan for Texas Claimants
When a structural collapse occurs in an older Texas building, sue the current property owner/landlord for premises liability while auditing whether any remodel or repair contractor worked on the structure within the past 10 years.
Detailed Texas Statutory & Case Law Breakdown
Under Tex. Civ. Prac. & Rem. Code §§ 16.008 (Architects/Engineers), 16.009 (Contractors Constructing Improvements) and controlling Texas appellate precedent in Sonnier v. Chisholm-Ryder Co., 909 S.W.2d 475 (Tex. 1995), Texas trial and appellate courts apply strict statutory rules to this exact issue. Unlike generic multi-state legal summaries, Texas tort procedure under the Civil Practice and Remedies Code (CPRC), Insurance Code, Transportation Code, and Labor Code enforces specific statutory formulas—including the 51% proportionate responsibility bar (CPRC § 33.001), paid-or-incurred medical expense admissibility (CPRC § 41.0105 / Haygood), and mandatory statutory lien caps (Prop. Code Ch. 55 & Ins. Code Ch. 140).
Step-by-Step Texas Procedural Checklist
- Verify the exact statutory text of Tex. Civ. Prac. & Rem. Code §§ 16.008 (Architects/Engineers), 16.009 (Contractors Constructing Improvements) and how Texas courts apply Sonnier v. Chisholm-Ryder Co., 909 S.W.2d 475 (Tex. 1995) in your county's appellate district.
- Beware of the Texas Procedural Trap: While §§ 16.008–16.009 shield the architect, engineer, and construction contractor after the repose period expires, they DO NOT shield the current property owner or landlord who remained in possession and control of the building at the time a balcony or stairway collapsed (§ 16.009(e)(1)), nor do they shield off-site component manufacturers (Sonnier v. Chisholm-Ryder)!
- Execute the Texas Action Plan: When a structural collapse occurs in an older Texas building, sue the current property owner/landlord for premises liability while auditing whether any remodel or repair contractor worked on the structure within the past 10 years.
- Preserve all physical, electronic, and medical billing records early so your CPRC § 18.001 affidavits and TRCP 194.2 Initial Disclosures are complete.
Frequently Asked Questions Under Texas Law
What Is the Statute of Repose for Architects, Engineers & Construction Contractors in Texas? (§§ 16.008–16.009)
Under Texas Civil Practice and Remedies Code §§ 16.008 and 16.009, suits for personal injury, wrongful death, or property damage against a registered architect, licensed professional engineer, or contractor who constructs or repairs an improvement to real property are barred 10 years after substantial completion of the improvement (shortened to 8 years for certain government-contracted claims and 6 years for certain residential defect claims under recent legislative amendments). Key Texas Trap to Avoid: While §§ 16.008–16.009 shield the architect, engineer, and construction contractor after the repose period expires, they DO NOT shield the current property owner or landlord who remained in possession and control of the building at the time a balcony or stairway collapsed (§ 16.009(e)(1)), nor do they shield off-site component manufacturers (Sonnier v. Chisholm-Ryder)!
What Texas statute and Supreme Court / appellate precedent control construction & engineering statute of repose?
This question is governed in Texas by Tex. Civ. Prac. & Rem. Code §§ 16.008 (Architects/Engineers), 16.009 (Contractors Constructing Improvements) and the legal standards articulated in Sonnier v. Chisholm-Ryder Co., 909 S.W.2d 475 (Tex. 1995). Recommended step: When a structural collapse occurs in an older Texas building, sue the current property owner/landlord for premises liability while auditing whether any remodel or repair contractor worked on the structure within the past 10 years.
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- 1. Not Legal Advice: This website provides general educational and statutory reference information strictly scoped to Texas personal injury law, Texas courts, and Texas statutes. Nothing on this site constitutes legal advice, a legal opinion, or counseling on any specific set of facts.
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- 3. Content May Be Inaccurate or Outdated: Although articles reference the Texas Civil Practice and Remedies Code (CPRC), Texas Transportation Code, Texas Insurance Code, Texas Labor Code, Texas Rules of Civil Procedure (TRCP), and published decisions of the Supreme Court of Texas and the 15 Texas Courts of Appeals, legislation and appellate holdings change continually. Information on this website may be incomplete, inaccurate, or superseded by subsequent statutory amendments or judicial opinions.
- 4. Verify With a Licensed Texas Attorney: Deadlines under Tex. Civ. Prac. & Rem. Code § 16.003, municipal charter notice windows under § 101.101, and comparative fault bars under Chapter 33 are strictly enforced. Always verify your legal rights, filing deadlines, and jurisdictional rules directly with an attorney licensed and in good standing with the State Bar of Texas.
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