Money & legal

What to do if a contractor did bad work on your Texas home

By Post Oak RemodelingUpdated 6 min read

Short answer: Document the problems, then give the contractor written notice by certified mail describing the defects at least 60 days before suing. Under Texas Property Code Chapter 27, the Residential Construction Liability Act, the contractor can request to inspect within 35 days and can make a written settlement offer within 60 days. It applies to remodels, repairs and additions, not just new homes.

Step by step

StepTimingWhat to do
DocumentRight awayPhotos, videos, dates, the contract and payment records
Written notice60+ days before suingCertified mail, return receipt; describe each defect
InspectionWithin 35 days of noticeAllow the contractor reasonable access if requested
Settlement offerWithin 60 days of noticeContractor may offer to repair or pay
Your responseWithin 25 days of the offerIf unreasonable, explain why in writing

Why the offer matters

If you reject an offer a court later finds reasonable, your recovery can be limited to the value of that offer plus certain costs. Take offers seriously and get legal advice before rejecting one.

Other places to turn

  • Licensing boards for licensed trades: TSBPE for plumbers, TDLR for electricians and HVAC
  • The Texas Attorney General’s consumer protection division for deceptive practices
  • Your city’s permitting office if work was done without permits
  • A Texas construction attorney, especially before rejecting a settlement offer

Common questions

Does the RCLA apply to remodeling?

Yes. Chapter 27 covers alterations, repairs and additions to an existing residence, as well as new homes.

How long do I have to give notice?

At least 60 days before filing a lawsuit or arbitration, by certified mail, return receipt requested, with a reasonably detailed description of the defects.

Is this legal advice?

No. This is a plain-language summary of the statute. Talk to a Texas attorney about your situation.

Sources

This guide is general information, not legal, tax or financial advice. Rules change; confirm details with the agency named in the sources or a licensed professional.

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