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Texas Civil Practice and Remedies Code - CIV PRAC & REM § 16.008. Architects, Engineers, Interior Designers, and Landscape Architects Furnishing Design, Planning, or Inspection of Construction of Improvements

Current as of January 01, 2024 | Updated by Findlaw Staff

(a) Except as provided by Subsection (a-1), a person must bring suit for damages for a claim listed in Subsection (b) against a registered or licensed architect, engineer, interior designer, or landscape architect in this state, who designs, plans, or inspects the construction of an improvement to real property or equipment attached to real property, not later than 10 years after the substantial completion of the improvement or the beginning of operation of the equipment in an action arising out of a defective or unsafe condition of the real property, the improvement, or the equipment.

(a-1) A governmental entity must bring suit for damages for a claim listed in Subsection (b) against a registered or licensed architect, engineer, interior designer, or landscape architect in this state, who designs, plans, or inspects the construction of an improvement to real property or equipment attached to real property, not later than eight years after the substantial completion of the improvement or the beginning of operation of the equipment in an action arising out of a defective or unsafe condition of the real property, the improvement, or the equipment.  This subsection does not apply to a claim arising out of:

(1) a contract entered into by the Texas Department of Transportation;

(2) a project that receives money from the state highway fund or a federal fund designated for highway and mass transit spending;  or

(3) a civil works project, as that term is defined under Section 2269.351, Government Code.

(b) This section applies to suit for:

(1) injury, damage, or loss to real or personal property;

(2) personal injury;

(3) wrongful death;

(4) contribution;  or

(5) indemnity.

(c) If the claimant presents a written claim for damages, contribution, or indemnity to the architect, engineer, interior designer, or landscape architect within the applicable limitations period, the period is extended for:

(1) two years from the date the claim is presented, for a claim to which Subsection (a) applies;  or

(2) one year from the date the claim is presented, for a claim to which Subsection (a-1) applies.

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Cite this article: FindLaw.com - Texas Civil Practice and Remedies Code - CIV PRAC & REM § 16.008. Architects, Engineers, Interior Designers, and Landscape Architects Furnishing Design, Planning, or Inspection of Construction of Improvements - last updated January 01, 2024 | https://codes.findlaw.com/tx/civil-practice-and-remedies-code/civ-prac-rem-sect-16-008/

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