(a) This chapter applies to:
(1) any action to recover damages or other relief arising from a construction defect, except a claim for personal injury, survival, or wrongful death or for damage to goods; and
(2) any subsequent purchaser of a residence who files a claim against a contractor.
(b) To the extent of conflict between this chapter and any other law, including the Deceptive Trade Practices-Consumer Protection Act (Subchapter E, Chapter 17, Business & Commerce Code) or a common law cause of action, this chapter prevails.

Terms Used In Texas Property Code 27.002

  • Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action.
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.

(c) In this section:
(1) “Goods” does not include a residence.
(2) “Personal injury” does not include mental anguish.
(d) This chapter does not apply to an action to recover damages that arise from:
(1) a violation of § 27.01, Business & Commerce Code;
(2) a contractor’s wrongful abandonment of an improvement project before completion; or
(3) a violation of Chapter 162.

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