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Texas Government Code - GOV'T § 2272.004. Opportunity to Inspect and Correct

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

(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;  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.

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Cite this article: FindLaw.com - Texas Government Code - GOV'T § 2272.004. Opportunity to Inspect and Correct - last updated January 01, 2024 | https://codes.findlaw.com/tx/government-code/gov-t-sect-2272-004/

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