If you have a new house with construction defects, you should try to resolve those problems with your builder.  If you are not satisfied and want to either litigate with a builder or you want to try and force them to repair the house, then you will have to file a SIRP Request with the Texas Residential Construction Commission.  If you do not proceed through the TRCC process and file a lawsuit or try to arbitrate, you will be sent back to the TRCC to do this.  Consequently, if you are ready to file your request for an inspection with the TRCC, these are the steps involved in the process. 

 

WALKING THROUGH THE PROCESS

A. Have to give notice to the builder 30 days before filing SIRP 

     1. Must be done by Certified Mail, Return Receipt Requested   to builder’s address.
2. List each and every complaint, big or small.

B. File Request for SIRP from TRCC

1. Include every conceivable claim
2. Review the Inspector list.
a. Once TRCC notifies you of the inspector assigned, you have three days to object. You should go to the TRCC website and you can check on the inspector. 

 

 

C. Inspections

a. Provide the inspector BEFORE the inspection with photos and reports if available.
b. Limit the number of builder associates to two at a time inside the house. s c. Make fresh coffee and bake cookies
c. Videotape the process. If they tell you you can not, do it anyway. If they say they will stop the process, let them do it.
d. Give the inspector any other documents you may have. Try to give them something even if duplicitous. Make sure he leaves with something from you.

D. Receive the Inspection Report from the state inspector.

E. Final if no Appeal in 15 Days. You can appeal and so can the builder. If you disagree, appeal.

 
F. Builder has to provide written offer of repair within 15 days of report becoming final.

a. If no Offer, then file. No question for fact finder to determine if Offer was Reasonable.

b. If Offer of Repair, is it reasonable?
i. Not Reasonable
1. Proceed without concern.
- Repair by same bulder who had failed 2+ times before is not reasonable.
c. If Offer is Reasonable?
If it is reasonable, settle.

 

G.  Now you can file a lawsuit or go to Arbitratrion