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The New Six-Year Repose for Homebuilders: Structural Gaps and Third-Party Risks
By Will W. Allensworth and Mikey D. Figler
Written for and published to the Construction Law Journal, Volume 20, Number 2
In 2023, the Texas Legislature enacted House Bill 2024, amending the statute of repose for claimants pursuing relief against residential contractors. It takes years for recently enacted or revised statutes of repose to progress through district or appellate courts, so judicial treatment of H.B. 2024 remains far off. However, there is scarce commentary on the bill, and its legislative history provides little detail into any problem it purports to solve. To analyze H.B. 2024’s effect, and to further the discussion surrounding the Legislature’s broader efforts to revise statutes of repose, this article situates the bill within the historical development of the two principal repose statutes governing construction disputes, examines its legislative evolution, and identifies concerns about the text of the statute, and its prospective application.