In a context where the balance of power decidedly tips in favor of construction professionals in Texas, the scales appear to be primed for an even further tilt away from property owners. The current modus operandi finds these professionals — builders, contractors, and remodelers — operating within the loose confines of one of the few states that eschews mandatory licensing or registration requirements.

A serious issue is the prevailing ambiguity that blurs the lines separating skilled and trustworthy builders from unreliable contractors and fraudulent remodelers. This is a significant problem as Texas has unfortunately earned a reputation for lax regulations, which have done little to protect homeowners from unscrupulous practitioners in the construction industry.

As the present legislative session of the Texas Legislature draws to a close, a critical question lingers: will the lawmakers enact measures that shield property owners or further empower the construction professionals? The answer seems to be tipped in favor of the latter. As a testament to this, March 29 was formally recognized as the Texas Association of Builders Day at the Texas Capitol, drawing close to 800 builders. In stark contrast, homeowners in Texas lack any such representative day or group advocating for their rights and interests.

A pair of bills — House Bills 2022 and 2024 — which could potentially amplify the clout of builders, contractors, and remodelers concerning construction defect complaints, are gradually making headway through the Legislature. Introduced by State Representative Jeff Leach, R-Plano, these bills seem to be on an unobstructed trajectory towards enactment.

These twin legislative propositions, despite their potential impact, have managed to avoid significant scrutiny. If enacted, they could severely curtail homeowners’ rights to seek legal redress and create hurdles for aggrieved consumers in construction disputes. Regrettably, Representative Leach was unable to elucidate on the implications of his bills.

Phil Crone, the Executive Officer of the Dallas Builders Association, enunciated a primary objective in favor of the builders: to encourage negotiated settlements centered around home repairs, while concurrently reducing the necessity for legal intervention. According to current law, homeowners have a grace period of ten years following the construction of their new homes to seek remedies for significant construction defects.

House Bill 2024, as elucidated by Crone, intends to curtail this window to six years in instances where a builder or remodeler tenders a written warranty. He argues that such a reduction would incentivize builders to provide comprehensive warranties and commit to honoring them.

However, any builder failing to provide what is known as an express warranty would still face a decade-long period of accountability.

Crone elaborated on the proposed scenario, stating that homeowners could opt for an implied warranty lasting ten years or a precisely defined express warranty for six. Despite his personal preference for the express warranty, it’s important to acknowledge the potential ramifications of this reduction for homeowners.

Crone raised the issue of homeowners attempting to enlist builders as maintenance providers for non-construction-related issues, particularly in the latter years of the current ten-year window. Yet, one could argue that homeowners should be entitled to this recourse, given the investment they have made in their homes.

The association advocates for builders offering an extensive 32-page express warranty that provides ultra-specific guidance on the identification of defects. While Crone argues that this benefits consumers by offering clarity, it’s crucial to scrutinize whether such specificity could be manipulated to avoid builder responsibility.

Critics of the bills, including Texas Watch, a consumer-focused insurance-related lobbying organization, express legitimate concerns. Executive Director Ware Wendell notes that reducing the complaint filing period from ten years to six years is, without a doubt, disadvantageous to homeowners.

House Bills 2020 and 2024, if enacted, would provide a raft of advantages to builders, further stacking the odds against homeowners. From permitting multiple inspections to extending the time for builders to make repairs, these bills clearly privilege the interests of builders.

While many top-tier builders in Texas employ detailed express warranties, there is a growing concern that the high level of specificity could make it challenging for homeowners to succeed in their complaints. For instance, the express warranty details that builders are obligated to repair air conditioning systems that cannot maintain a minimum internal temperature of 78 degrees, vinyl floors with depressions exceeding half an inch, and masonry cracks larger than a quarter of an inch, within the first six years.

As it stands, both House Bills 2022 and 2024 have triumphed in the House, and observers predict an unobstructed passage through the Senate. Yet, the question remains: Should homeowners be left with less protection and recourse in the face of potentially defective construction? The answer must resoundingly be “no.” As such, these bills demand more scrutiny and debate to ensure a more balanced approach that safeguards homeowners’ rights.

#HomeownersRights #TexasLegislation #BuilderAccountability #FightForFairness #ConstructionComplaints #StandUpForHomeowners #ProtectYourProperty #callcolbynow

Quotes from: https://www.dallasnews.com/news/watchdog/2023/05/12/once-again-builders-contractors-and-remodelers-fight-to-get-more-power