And the New Residential Construction Commission - UHLC

Journal of Texas Consumer Law13I. INTRODUCTIONThe Residential Construction Liability Act1( RCLA ) was enacted by the Texas Legislature in1989 for the stated purpose of restoring a fair andappropriate balance to the resolution of residentialconstruction disputes between contractors andowners. Homebuilders and home warrantycompanies argued that contractors should have anopportunity to cure Construction defects before beingsubjected to the monetary settlement provisions ofthe Texas Deceptive Trade Practices ConsumerProtection Act2 ( DTPA ). By limiting ahomeowner s damages in certain, specificcircumstances, the RCLA was intended to encouragethe resolution of Construction disputes and to protectand reward responsive contractors who timely fixedtheir , the RCLA made sense. HomesThe Residential Construction Liability Act New ResidentialConstructionCommissionby Cheryl Turner*And theare a large and emotional purchase for most consumers, so encouraging homeowners and contractors tofix the home rather than engage in protracted litigation is a laudable goal.

Journal of Texas Consumer Law 13 I. INTRODUCTION The Residential Construction Liability Act1 (“RCLA”) was enacted by the Texas Legislature in 1989 for the stated purpose of restoring “a fair and

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