Bill > HB3847

This bill establishes new legal procedures for commercial construction defect litigation in Texas, creating a detailed framework for how such claims must be filed and handled. The bill defines a commercial construction defect as a problem in design, materials, or construction that fails to meet professional standards, building codes, or accepted trade practices, specifically applying to commercial properties but excluding residential buildings, highways, and certain public infrastructure projects. When filing a claim, plaintiffs (called "claimants") must now provide a highly specific petition that describes the observed defect with particularity, explains how the defendant's work caused the defect, and must be verified by someone with direct knowledge of the facts. Defendants can file a motion to dismiss the claim if these pleading requirements are not met, and the court must dismiss the claim without prejudice if the petition is insufficient. The bill also allows for potential attorney's fees and costs to be awarded to the prevailing party and provides for sanctions against those who knowingly file false or misleading claims. Importantly, the new law will only apply to actions commenced on or after September 1, 2025, and is designed to supplement existing legal procedures rather than replace them, with the Texas Supreme Court retaining the ability to adopt additional implementing rules.

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https://capitol.texas.gov/BillLookup/History.aspx?LegSess=89R&Bill=HB3847