Before suing on a covered claim, the governmental entity must give the contractor, and any known subcontractor or supplier subject to the claim, time to inspect and then at least 120 days to correct the defect or make a separate correction agreement.
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. Added by Acts 2019, 86th Leg., R.S., Ch. 1287 (H.B. 1999), Sec. 1, eff. June 14, 2019.