Step by step
| Step | Timing | What to do |
|---|---|---|
| Document | Right away | Photos, videos, dates, the contract and payment records |
| Written notice | 60+ days before suing | Certified mail, return receipt; describe each defect |
| Inspection | Within 35 days of notice | Allow the contractor reasonable access if requested |
| Settlement offer | Within 60 days of notice | Contractor may offer to repair or pay |
| Your response | Within 25 days of the offer | If 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.