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Residential Construction Liability Act


Phone: 512 221 0121 Fax: 512 233 2559






The TRCC or Texas Residential Construction Commission

(Or, more appropriately, The Texas Builder's Defense Act)
The TRCC or Texas Residential Construction Commission is gone.  It is dead.  Finished.  It was killed by the legislature by not renewing its funding.  You no longer can or have to file a complaint through them for a construction defect. 
There is, however, still a requirement that you comply with the Residential Construction Liability Act.  This act requires that you provide written notice by Certified Mail, Return Receipt Requested of the defect or defects that you are complaining of to the builder.  The builder then has 35 days to request an inspection of the home to view your complaints.  At the end of 45 days from the receipt of the notice from you, the builder must then provide in writing sent to you by Certified Mail, Return Receip Requested a response offering to repair, pay for repairs, pay someone else to do repairs, they will make some repairs or that they are not going to make any repairs.
See the page on Residential Construction Liability Act for more details on your obligations.
Why do I call it the Builder’s Defense Act? To start with, the law was written at least in part by John Krugh. John Krugh now sits on the Commission for the Texas Residential Construction Commission. So why is that a problem? Well John Krugh just happens to work for Perry Homes, a multi-million dollar builder throughout the state. Who better to guard the henhouse than the fox’s lawyer?

So there was obvious complicity between the commission and the builders, but that didn't mean it was bad for consumers. The reality is that the homebuilders recognized that the TRCC sent out professional engineers who were unbiased and they routinely found significant defects and flaws in most of the homes they inspected.  They wrote the law for the TRCC to get the attorneys out of the process.  It did that, but it made it worse by bringing in engineers.   They picked the lawyers over the engineers. 

So now you only have one law, the Residential Construction Liability Act, to navigate. 


NEW PHONE & FAX: Phone: 512 221 0121 Fax: 512 233 2559

Evin G. Dugas - Attorney at Law 512.261.0044
2303 RR 620 South,   Suite 135 PMB 361,   Austin, Texas 78734
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