Be Aware of New TRCC Performance Standards
As most homebuilders are aware, the Texas Residential Construction Commission is charged with developing building and performance standards by which alleged construction defects can be evaluated. Effective, November 1, 2008, the TRCC adopted and amended their performance standards with respect to one year workmanship items. Specifically, the one year performance standards on the following were revised: foundations, drywall, exterior siding and trim, interior flooring, hard surfaces, interior trim, countertops and backsplashes, and yard grading. Currently, the performance standards for 2-year delivery systems are under review.
According to the TRCC, these amendments better define the performance standards for components of a home subject to a minimum warranty of one year for workmanship and materials. It is imperative that builders familiarize themselves with these amendments to the performance standards so they understand what their responsibilities are under the Statutory Warranties. Failure to abide by these new standards could result in the finding of a construction defect against the builder.
If a construction defect dispute arises between the builder and owner, builders are encouraged to make an offer to repair prior to the filing of an SIRP. In the event such offer is substantially equivalent to that found to be defective by the TRCC, then the builder may not be required to reimburse the TRCC for the SIRP inspection and there may not be a finding of a construction defect against the builder on the TRCC website.
Stephen L. Polozola is an attorney with Decker, Jones, McMackin, McClane, Hall & Bates P.C. in Fort Worth and focuses on residential construction. The commentary implies no specific legal advice. Contact Polozola at 817-336-2400 or spolozola@deckerjones.com