But Trial Lawyers Are Twisting It Into a Shakedown Tool
In 2019, the Texas Legislature passed House Bill 1999, now known as Chapter 2272 of the Government Code—a commonsense reform aimed at protecting contractors and taxpayers from abusive construction defect lawsuits.
It was called the Right to Repair statute because that’s exactly what it does: it gives contractors the opportunity to inspect and fix alleged defects before a lawsuit is filed.
It was a bipartisan win. Supporters on both sides of the aisle recognized that holding a contractor accountable doesn’t have to mean rushing to court. In fact, most contractors want to stand by their work—and when given the chance, they’ll make things right. That’s how it should work.
But four years later, the spirit of that law is under attack.
Instead of allowing contractors to repair their work, a small group of trial lawyers have turned Chapter 2272 into a legal trap—one filled with ambiguity, gamesmanship, and gotchas. They exploit loopholes in the statute’s accrual language to extend liability timelines indefinitely, opening the door to massive payouts and meritless claims. The target? Local contractors who are just trying to build responsibly, stay in business, and support their workers.
These lawsuits aren’t about fixing buildings. They’re about shaking down construction companies for cash settlements. That’s not justice—it’s extortion.
That’s why ABC Texas is proud to support HB 1922, filed this session by Rep. Dean. HB 1922 would do one simple but critical thing: define the accrual date for claims under Chapter 2272 as the day the contractor’s repair report is postmarked. That creates a clear, predictable timeline for both sides—contractors and property owners—and restores the fairness the law was intended to offer in the first place.
To be clear: HB 1922 doesn’t take away anyone’s right to sue. It doesn’t change any insurance contracts. It doesn’t shorten any legal deadlines outside of Chapter 2272. It simply closes a loophole that trial lawyers are abusing at the expense of Texas businesses and taxpayers.
Texas has long stood for free enterprise, personal responsibility, and fairness. If we let a handful of trial lawyers weaponize the Right to Repair law, we risk eroding all three.
Our state’s contractors are not asking for immunity. They’re asking for integrity—for a system that allows them to fix problems without being sued into the ground. That’s not just good for construction companies. It’s good for schools, cities, and taxpayers who deserve projects that are built right, and corrected when needed—not endlessly litigated.
Lawmakers got it right in 2019. Let’s finish the job in 2025.
Editor's Note: The above guest column was penned by Josue Reyes, president and CEO of D. Wilson Construction Co. The column appears in the Rio Grande Guardian with the permission of the author.
