Residential Construction Liability and the Texas Residential Construction Commission: A Comparison of Implied Warranties and the New Statutory Warranties of Workmanship and Habitability

This comment provides an overview of contractors, the construction industry, and discusses the previous law surrounding implied warranties. It examines the Texas Residential Construction Commission (TRCC), its policies and procedures, and examines how the legislature is now attempting to define construction liability through the newly approved rules of statutory warranties. Further, it compares previous implied warranties and new statutory warranties, and the possible effects on future construction liability cases. Statutory warranties are analyzed in an attempt to determine if they will provide more or less protection for the homebuyer and the contractor than the previous implied warranties. Finally, the author explains how the TRCC operates as more of a registration agency than a regulatory agency.