The RCLA "allows" home owners to recover engineering fees. It is not a requirement that the engineering fees be submitted separately in the jury charge.
are scant few cases in Texas addressing any part of §27.004(g). There
are a total of nine(9) cases in Texas citing §27.004(g) and none of them
require submission of the damages
enumerated in a jury charge. This is
because §27.004(g) is a list of limitations of economic damages a consumer can
recover, not a cause of action spelling out the types of damages
recoverable. The Residential
Construction Liability Act ( hereafter "RCLA") does the following:
RCLA modifies causes of action for damages resulting from construction defects
in residences by limiting and controlling causes of action that otherwise
exist. Gentry v. Squires Constr., Inc.,
188 S.W.3d 396, 404 (Tex.App.-Dallas 2006 no pet.).
2. It provides
defenses, limitations on damages, and determines the standard of causation. See TEX. PROP.CODE ANN. § 27.003,
27.004, 27.006 (West 2000 & Supp.2013); Gentry,
188 S.W.3d at 404.
3. It also sets
out notice provisions and encourages settlement through its procedures. See TEX. PROP.CODE ANN. § 27.004; Gentry, 188 S.W.3d at 404.
4. The RCLA does
not create a cause of action or derivative liability. TEX. PROP.CODE ANN. §
Timmerman v. Dale, 397 S.W.3d 327 at 330
(Tex. App.-Dallas 2013, no writ).