Tex.
Gov't Code Section 2272.004
Opportunity to Inspect and Correct
(a)
Before bringing an action asserting a claim to which this chapter applies, the governmental entity must allow each party with whom the governmental entity has a contract for the design or construction of an affected structure and who is subject to the claim and any known subcontractor or supplier who is subject to the claim:(1)
a reasonable opportunity to inspect any construction defect or related condition identified in the report for a period of 30 days after sending the report required by Section 2272.003 (Report); and(2)
at least 120 days after the inspection to:(A)
correct any construction defect or related condition identified in the report; or(B)
enter into a separate agreement with the governmental entity to correct any construction defect or related condition identified in the report.(b)
The governmental entity is not required to allow a party to make a correction or repair under Subsection (a) if:(1)
the party:(A)
is a contractor and cannot provide payment and performance bonds to cover the corrective work;(B)
cannot provide liability insurance or workers’ compensation insurance;(C)
has been previously terminated for cause by the governmental entity; or(D)
has been convicted of a felony; or(2)
the governmental entity previously complied with the process required by Subsection (a) regarding a construction defect or related condition identified in the report and:(A)
the defect or condition was not corrected as required by Subsection (a)(2)(A) or an agreement under Subsection (a)(2)(B); or(B)
the attempt to correct the construction defect or related condition identified in the report resulted in a new construction defect or related condition.
Source:
Section 2272.004 — Opportunity to Inspect and Correct, https://statutes.capitol.texas.gov/Docs/GV/htm/GV.2272.htm#2272.004 (accessed Apr. 13, 2024).
