Texas § 2272.004 OPPORTUNITY TO INSPECT AND CORRECT.

Texas Statutes

§ 2272.004 — OPPORTUNITY TO INSPECT AND CORRECT.

Texas § 2272.004

Code GVGovernment Code

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Bluebook

Tex. Government Code Code Ann. § 2272.004 (2026).

Text

Sec. 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 ; 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 constructio

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Sec. 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 ; 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.