Every week, Texas homeowners type “Texas Built Construction lawsuit” into a search engine. They are not looking for entertainment. They are looking for answers — because a builder has left them with cracked foundations, leaking roofs, flooded walls, or a house that was never finished. The question they are really asking is: can I sue my builder, and what can I actually get?
The answer is yes — but Texas construction litigation is a structured, deadline-driven process with rules that can end your claim before it starts if you get them wrong. This article covers the law that governs these disputes, the specific case involving Texas Built Construction (TBC Holdings Group / Cliff Campbell, based in Plano), the legal theories available to homeowners, the timeline you must follow, and what courts actually award.
- What: Texas homeowners have legal rights against builders who deliver defective work, breach contracts, or misrepresent project quality.
- Who: Any homeowner with a residential construction dispute against a Texas contractor, builder, or developer.
- Governing law: Texas Residential Construction Liability Act (RCLA), Chapter 27, Texas Property Code; Texas Deceptive Trade Practices Act (DTPA).
- Status: The one documented Texas Built Construction (TBC Holdings) court case — HP Envirovision, Inc. v. TBC Holdings Group L.L.C. — was filed in Denton County in 2022 and was non-suited by the plaintiff before resolution.
- Statute of limitations: 2 years for negligence/DTPA; 4 years for written contract breach. Statute of repose: 10 years (or 6 years if builder issued qualifying written warranty after June 9, 2023).
- Key requirement: Written notice to the builder at least 60 days before filing suit — skipping this step can get your case dismissed.
- Damages available: Repair costs, diminished property value, temporary housing, inspection fees, attorney fees, and treble damages under DTPA for intentional misconduct.
Texas Built Construction: The Actual Company and the Documented Case
Texas Built Construction — operating through its parent entity TBC Holdings Group L.L.C. — is a full-service general contracting and remodeling company headquartered at 2500 Dallas Parkway, Plano, Texas. The company’s president, Cliff Campbell, describes TBC as built around transparency, quality, and communication. The company holds a general contractor license and has been associated with hundreds of residential permits in the Dallas-Fort Worth area.
One documented court case involving the company is HP Envirovision, Inc. v. TBC Holdings Group L.L.C., filed August 4, 2022, in Denton County Court at Law 2 — Case No. tracked in the Denton County Courts system, presided over by Judge Robert C. Ramirez. HP Envirovision, a business entity, alleged nonpayment for services rendered — a contract debt collection dispute, not a homeowner defect claim. The case was ultimately non-suited by the plaintiff before resolution.
Beyond that documented filing, no verified class action, no MDL, and no major public verdict exists under the “Texas Built Construction lawsuit” label. The phrase has been heavily indexed online by content sites that fabricate lawsuit narratives to capture search traffic. What is real — and what matters to every homeowner in Texas facing a bad builder — is the legal framework that governs these disputes.
Texas Built Construction Lawsuit Timeline and Legal Context
1989 — The RCLA Is Born
The Texas Legislature enacted the Residential Construction Liability Act in 1989, codified in Chapter 27 of the Texas Property Code. Its purpose was to slow the flood of construction defect litigation reaching Texas courts by giving contractors a mandatory chance to inspect and repair before a lawsuit is filed. The RCLA does not create a new cause of action — it modifies and governs existing claims like breach of contract, negligence, warranty violations, and DTPA allegations when they arise from construction defects.
The pattern is familiar: homeowners win in court, but builders argue the damage is unavoidable. The RCLA was designed to force parties into structured pre-suit negotiations before courts get involved.
2003–2009 — The Texas Residential Construction Commission Era
The Texas Legislature briefly replaced the RCLA framework with the Texas Residential Construction Commission Act (TRCCA), creating a state agency to oversee builder disputes. That agency sunsetted in 2009 due to documented inefficacy. The RCLA was restored as the primary statute. Any current reference to the TRCC in a builder contract or legal notice is legally irrelevant — House Bill 2022 removed all such references in 2023.
September 1, 2023 — HB 2022 Overhauls the RCLA
House Bill 2022 made the first major RCLA revisions in two decades. The changes are significant and apply to all construction contracts signed on or after September 1, 2023. Key changes include a narrowed definition of construction defect: homeowners must now prove the defect existed during construction and either caused physical damage, led to a major system failure, or rendered the home unsafe. Cosmetic complaints alone no longer clear the legal bar.
The RCLA inspection and offer timeline was also restructured. Builders now have 35 days to inspect the property (up to three times), 60 days to make a written repair or settlement offer, and 10 additional days to supplement that offer if the homeowner rejects it. Builders can also submit a late offer if delays were caused by events outside their control or if the homeowner added new defect claims.
June 9, 2023 — HB 2024 Shortens the Statute of Repose
Texas had maintained a 10-year statute of repose on construction defect claims since the 1970s. House Bill 2024 created a new exception: builders who include specific written warranties in their contracts can now cap their liability exposure at six years from substantial completion. The warranties required are: one year for workmanship and materials, two years for plumbing, electrical, heating, and air conditioning systems, and six years for major structural components.
This new shorter deadline applies only to detached one- and two-family homes and townhomes up to three stories. For apartment buildings and commercial structures, the 10-year repose still applies. Builders who do not issue the qualifying written warranty remain subject to the 10-year window — so this is a builder election, not a homeowner concession.
2024–2026 — The Litigation Landscape
Texas remains one of the highest-volume residential construction markets in the country. The U.S. Census Bureau reported more than 260,000 residential building permits issued in Texas in recent years — a market driven by population growth across Houston, Dallas, Austin, San Antonio, and surrounding suburbs. That volume of construction generates a corresponding volume of disputes. Texas courts have seen increased construction defect filings post-pandemic, with many cases centering on homes built between 2018 and 2023 during a period of material shortages, labor challenges, and accelerated timelines.
What Texas Homeowners Can Actually Sue For
Texas construction disputes break into four main legal theories. Most lawsuits combine several of them, each with its own timeline and proof requirements.
Breach of Contract
The most common claim. A breach occurs when one party fails to meet agreed contractual obligations — timelines, materials, specifications, payment terms. To win, you must show: a valid contract existed, you performed your obligations, the builder did not perform, and you suffered damages as a result. The statute of limitations for written contract breach in Texas is four years from the date of breach. Courts rely heavily on the written agreement, so vague or oral terms are liabilities.
Construction Defect and Negligence
Negligence claims arise when a builder fails to exercise the standard of care expected of a professional contractor. The most common defect categories in Texas litigation are foundation failures (especially in areas with expansive clay soil), water intrusion through improperly installed roofing, flashing, or window seals, faulty plumbing or electrical systems, and substandard framing. Texas soil — particularly the black clay found across North and Central Texas — is notorious for seasonal expansion and contraction that can destroy an improperly engineered slab. Negligence and most DTPA claims carry a two-year statute of limitations.
Warranty Claims
Texas implies certain quality warranties in residential construction contracts, and builders may also offer express warranties. HB 2022’s narrowed definition of defect now requires proof that a latent defect existed at completion and has either caused physical damage, led to a major system failure, or made the home unsuitable for habitation. A warranty claim for cosmetic settling, minor cracks, or incomplete punch-list items standing alone may no longer be legally sufficient post-2023.
Texas Deceptive Trade Practices Act (DTPA)
This is where construction disputes get expensive for contractors. The DTPA, enacted in 1973 and codified in the Texas Business and Commerce Code, prohibits false, misleading, or deceptive business practices in consumer transactions. A homeowner who proves intentional or knowing misconduct — a builder who lied about material quality, concealed known defects, or overstated project capabilities during contract negotiations — can pursue treble damages: three times the economic damages awarded. Attorney fees are also recoverable.
Here is where it gets complicated. The RCLA expressly supersedes DTPA claims when the dispute arises from a construction defect. That means a homeowner cannot circumvent the RCLA’s pre-suit notice requirements simply by labeling the claim as DTPA fraud. The RCLA process must be followed first. What remains available under the DTPA after RCLA compliance is the enhanced damage multiplier for intentional conduct — a powerful tool when a builder demonstrably knew their work was defective or their representations were false.
The RCLA Process: Step by Step
This is not optional. Texas courts will dismiss or abate construction defect claims that skip the RCLA’s mandatory pre-suit process. The sequence is fixed.
| Step | Timeline | What Happens |
|---|---|---|
| Written notice to builder | At least 60 days before filing | Describe all defects in reasonable detail. Send certified mail. |
| Builder inspection | Within 35 days of notice (up to 3 inspections) | Builder has right to inspect and document defects. You must provide all evidence in your possession. |
| Builder’s written offer | Within 60 days of notice | Builder must offer to repair, settle, or explain why they are not liable. |
| Homeowner response | Within 25 days of receiving offer | If offer is unreasonable, the homeowner must say so in writing and explain why. |
| Builder’s supplemental offer | Within 10 days of rejection | Builder may revise the offer. If still rejected, the lawsuit can proceed. |
| File lawsuit | After process complete | If no resolution, homeowner files in appropriate Texas court. |
The written notice is everything. It must describe the defects with enough specificity that the builder knows what they are being asked to fix. A vague notice — “the house has problems” — can be challenged and the entire timeline restarted. Courts have upheld abatements for inadequate RCLA notices, delaying litigation by months while homeowners draft and re-serve proper notice.
Statutes of Limitations You Cannot Afford to Miss
Texas construction defect law has two separate time clocks running simultaneously. The statute of limitations controls how long after you discover a defect you can file. The statute of repose controls the absolute outer limit from construction completion, regardless of discovery.
| Claim Type | Limitations Period | Notes |
|---|---|---|
| Negligence | 2 years from discovery | Texas Civil Practice & Remedies Code §16.003 |
| DTPA | 2 years from discovery | Discovery rule applies: clock starts when defect was or reasonably should have been discovered |
| Written contract breach | 4 years from breach | Texas Civil Practice & Remedies Code §16.004 |
| Warranty (written) | 4 years from breach | Same as contract limitations |
| Statute of repose (standard) | 10 years from substantial completion | Absolute outer deadline regardless of when defect discovered |
| Statute of repose (HB 2024 exception) | 6 years from substantial completion | Applies only if builder issued qualifying written warranty on contracts after June 9, 2023 |
Courts apply these deadlines strictly. A 2025 Texas appellate court ruling in Morningside Ministries v. Koontz McCombs Construction considered whether a discovery doctrine could toll the statute of repose for inherently undiscoverable defects — a narrow question courts answer case by case. The general rule remains: file before the repose deadline, regardless of when you found the problem. Most homeowners lose viable claims not because they lack evidence, but because they waited too long to act.
What the Defect Looks Like in Practice: Common Texas Construction Failures
Texas soil presents a unique hazard. The expansive black clay found across North and Central Texas — including the Dallas-Fort Worth metro where Texas Built Construction operates — expands when wet and contracts when dry. A poorly engineered slab foundation that does not account for soil movement will crack, heave, and ultimately fail. Foundation repair in Texas regularly costs between $15,000 and $100,000 depending on severity. Courts have awarded the full cost of repair plus diminished property value in proven foundation defect cases.
Water intrusion is the second most common source of litigation. Improperly installed flashing around windows and roof penetrations, defective window seals, and inadequate drainage slopes allow moisture to enter wall assemblies silently. By the time mold is visible, the structural framing may already be compromised. Water intrusion is what lawyers call a latent defect — it is not visible at time of purchase and may not manifest for months or years. That makes it both harder to detect and easier to argue was pre-existing during construction, which HB 2022 now requires plaintiffs to prove.
HVAC and plumbing failures round out the common categories. Improperly sized ductwork that fails to heat or cool the home adequately, supply lines installed without proper support or with substandard materials, and drainage that slopes toward the foundation rather than away from it are recurring themes in Texas residential construction litigation.
What Damages Texas Courts Actually Award
Texas construction defect damages are grounded in economic reality, not speculation. Courts focus on what it actually costs to fix the problem — not what the homeowner thinks the home should be worth now. The categories available are specific.
Repair cost is the baseline. The homeowner receives the reasonable cost of correcting the specific defects, based on contractor estimates and expert testimony. Diminished property value is recoverable where repair is not physically possible or economically practical. Consequential damages cover direct financial losses caused by the defect: temporary housing costs while repairs are made, personal property damage from flooding, and inspection and engineering fees paid to document the defects. Attorney fees are recoverable in RCLA actions where the builder’s offer was unreasonable. And under the DTPA, where intentional or knowing misconduct is proven, treble damages — three times economic damages — are on the table.
Texas courts do not award mental anguish in standard RCLA cases. Under HB 2022, personal injury damages were explicitly removed from the definition of economic damages in the residential construction context. The emotional toll of living in a defective home is real. It is simply not compensable as a separate damage category in these cases.
What Texas Built Construction Lawsuits Look Like Next to Other Texas Homeowner Disputes
The construction defect landscape in Texas is not unique to any single contractor. Homeowners across Texas have faced similar battles with major national builders — cases that illustrate what works legally and what does not. The State Farm homeowner lawsuit illustrates a parallel dynamic: an insurer that denied claims on homes it insured without adequate investigation, forcing policyholders through litigation to recover what they were owed. That case pattern — pay, claim, get denied, litigate — mirrors how many Texas construction disputes unfold when a builder refuses to honor its warranty after the RCLA process fails.
The Walmart overcharging lawsuit, where a major corporation was sued for systematically charging more at checkout than advertised shelf prices, reflects the same core consumer protection principle at work in Texas DTPA construction claims: companies cannot misrepresent what they are delivering to paying customers. And the GM defective engine class action — where GM knew its engines were defective and sold them anyway — shows exactly the kind of knowing concealment that triggers treble damages under consumer protection statutes. Texas homeowners who can prove a builder knew about a defect before closing and concealed it have a DTPA claim of equivalent gravity.
How to Protect Yourself Before a Dispute Starts
Texas construction litigation rewards homeowners who documented everything and punishes those who trusted verbal assurances. Before signing any contract, demand a written agreement that specifies the scope of work, materials by name and grade, project timeline with milestone dates, a payment schedule tied to completion stages rather than calendar dates, and a written warranty with the specific coverage terms required under HB 2024.
During construction, hire an independent inspector at each major milestone: foundation pour, framing rough-in, and pre-drywall. Photographs with timestamps of every deficiency create a contemporaneous record that no builder can later dispute. Preserve every email, text message, and written change order. Courts treat undocumented verbal agreements as nonexistent.
If problems appear after move-in, start the clock yourself. Document the defect, photograph it, note when it first became visible, and consult an attorney before serving RCLA notice. The RCLA notice itself is a legal document. A poorly drafted notice can be challenged, and a rejected notice restarts the entire timeline. The 60-day window before you can file suit runs from the date of valid, adequate notice — not the date of the first complaint.
What This Lawsuit Teaches Consumers
The phrase “Texas Built Construction lawsuit” captures something real even when it does not name a single verified case. Texas homeowners are looking for permission — permission to believe that what happened to them is actionable, that the law sees it, and that something can be done. The answer is yes, but with conditions.
Texas construction law is more structured than most states. The RCLA process, the 60-day notice requirement, the narrowed defect definitions under HB 2022, and the shorter statute of repose for some builders are all mechanisms that favor resolution before trial. That is not necessarily a bad thing. Many construction defect claims resolve in the RCLA process because builders — when faced with documented evidence and a proper legal notice — would rather repair than litigate.
What the law cannot fix is the homeowner who waited too long, kept no records, accepted a verbal promise, or skipped the RCLA process in frustration and filed suit directly. Those cases fail on procedure before the judge ever sees the evidence. The single most important thing a Texas homeowner facing a defective builder can do is contact a Texas construction attorney before doing anything else — before sending notice, before withholding payment, and certainly before signing any settlement agreement the builder hands over without counsel review.
Frequently Asked Questions
What is the Texas Built Construction lawsuit about?
The phrase describes residential construction disputes in Texas involving defective work, contract breaches, nonpayment, or project failures — not one verified national class action. The one documented Texas Built Construction court case (TBC Holdings/Cliff Campbell) was a 2022 Denton County debt collection dispute that was non-suited before resolution.
Can I sue a Texas builder for construction defects?
Yes. Texas homeowners can sue for breach of contract, negligence, warranty violations, and DTPA violations. But you must first follow the mandatory RCLA pre-suit process under Texas Property Code Chapter 27, including written notice to the builder at least 60 days before filing.
What is the RCLA and how does it work?
The Residential Construction Liability Act (RCLA) governs Texas construction defect claims. Before suing, you must send written notice describing the defects. The builder then has 35 days to inspect and 60 days to make a repair or settlement offer. Courts will dismiss or delay lawsuits that skip this process.
How long do I have to file a Texas construction defect lawsuit?
Negligence and DTPA claims: 2 years from discovery. Written contract breach: 4 years. The statute of repose is 10 years from substantial completion — or 6 years if the builder issued a qualifying written warranty on contracts after June 9, 2023. Courts dismiss claims filed after these deadlines, even for severe defects.
What damages can I recover in a Texas construction lawsuit?
Repair costs, diminished property value, temporary housing expenses, inspection and engineering fees, and attorney fees in some cases. If you prove intentional or knowing misconduct under the DTPA, you may recover treble damages — three times actual economic losses.
What did HB 2022 change about Texas construction law?
HB 2022 (effective September 1, 2023) narrowed the definition of a construction defect — homeowners must now prove the defect existed during construction and caused physical damage, major system failure, or made the home unsafe. It also restructured the RCLA offer timeline to 60 days and allowed late builder offers in certain circumstances.
What did HB 2024 change about the Texas statute of repose?
HB 2024 (effective June 9, 2023) allows builders to shorten their liability window from 10 years to 6 years by issuing a qualifying written warranty covering 1 year for workmanship, 2 years for major systems, and 6 years for structural components. Builders who do not provide this warranty remain subject to the 10-year repose.
What is the DTPA and how does it apply to construction disputes?
The Texas Deceptive Trade Practices Act prohibits false, misleading, or deceptive business practices. In construction cases, it applies when a builder misrepresented their qualifications, concealed known defects, or lied about materials. The RCLA supersedes DTPA claims that arise from defects — meaning you must still follow RCLA procedures first — but the DTPA’s treble damage remedy remains available for proven intentional misconduct.
What foundation problems are most common in Texas construction defect cases?
Expansive clay soil across North and Central Texas causes seasonal movement that can crack slabs, heave floors, and damage walls if the foundation was improperly engineered or under-reinforced. Foundation repair costs in Texas typically range from $15,000 to $100,000. Courts award repair cost plus diminished property value in proven foundation defect cases.
Can I sue for water damage caused by my builder?
Yes. Defective roofing, improperly installed flashing, failed window seals, and inadequate drainage are among the most litigated Texas construction defects. Water intrusion is a latent defect — often not visible for months or years after construction. Under HB 2022, you must prove the condition was latent at completion and has caused physical damage or system failure.
What happens if my builder makes an insufficient RCLA repair offer?
You must reject it in writing within 25 days and explain why the offer is inadequate. The builder then has 10 days to make a supplemental offer. If the supplemental offer is also insufficient, you may proceed with filing suit. Keeping written records of every step protects your right to recover attorney fees if you prevail.
What is the statute of limitations difference between negligence and contract claims?
In Texas, negligence and DTPA claims must be filed within 2 years of discovering the defect. Written contract and warranty claims allow 4 years. Most construction disputes involve both types, so the 2-year clock usually controls — but all claims must be filed before the 10-year (or 6-year) statute of repose expires.
Leave a Reply