The Reach For Repose: Have the Texas Courts Gone Awry?

Abstract

Examines the Texas statute of repose relating to persons who construct or repair improvements to real property in the context of both the decided cases and with regard to the intentions of the legislature in enacting the repose protections. The legislative history of section 16.009 clearly demonstrates that the Texas Legislature intended only to expand upon previously existing repose protection afforded to licensed architects and engineers by creating similar repose protection for a class of construction professionals such as contractors, builders, and repairers who actually perform construction services in building projects. In light of this legislative history, the courts' efforts to extend the reach of this statute even further to include certain product manufacturers and suppliers constitute an inappropriate judicial foray into the legislative process.