TCJL today filed an amicus curiae brief with the Texas Supreme Court in Occidental Chemical Corporation v. Jason Jenkins (No. 13-0961), which involves the interpretation of §16.009, Civil Practice & Remedies Code, Texas’ 10-year statute of repose that applies to claims against persons who construct or repair real property.
The brief argues that the First District Court of Appeals (Houston) erred in reversing the trial court’s determination that the plaintiff’s claim was barred by the statute of repose. If the Court of Appeals’ decision is permitted to stand, it would effectively nullify the statute in cases in which any part of the construction or repair of an improvement to real property is performed by a third-party contractor hired by the property owner. Such a construction of the statute would radically and adversely alter ordinary industry practices in Texas and potentially threaten the viability of major construction projects in the state.