Subscribe to receive our Floor Reports covering all the action on the Texas House and Senate floor!
Relating to civil liability and responsibility for the consequences of defects in the plans, specifications, or related documents for the construction or repair of an improvement to real property.
No significant fiscal implication to the State is anticipated.
SB 219 would prohibit a contractor from being held liable for defects in the accuracy, adequacy, sufficiency, or suitability of real property construction plans given to them by the person they contracted with or another person on behalf of the person they contracted with. A contractor would be required to disclose in writing to the person they are contracting with any defects they discover or reasonably should have discovered in the construction plans before or during construction. If they fail to disclose such defects, they would be eligible to be held liable for them. No contract would be permitted to waive these provisions.
SB 219 would also create a standard of care for architectural and engineering services contracts. Such contracts for real property improvement would have to require that the services be performed with the professional skill and care ordinarily provided by competent architects or engineers under the same circumstances.
Texas Action supports SB 219 because it would promote personal responsibility and limited government. Contractors should only be held civilly liable for errors committed during construction, not errors in construction plans that they were not responsible for. SB 219 would maintain a fair balance by requiring contractors to notify the person they contract with about defects in the plans.