The Texas New-Home Warranty: What the 1-2-10 Structure Really Covers

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The 1-2-10 structure most builders use

Walk into almost any Texas builder's closing packet and the warranty reads in layers: one year covering workmanship and materials, two years covering the major delivery systems like plumbing, electrical, heating, and air conditioning, and ten years covering major structural components. The structure traces back to the former Texas Residential Construction Commission's model and now functions as the market standard. Your specific warranty is whatever the written document says, so the first thing to do is read the actual pages, not the brochure line.

What Texas law actually guarantees

Two layers of legal protection sit under the written warranty. Texas common law implies a warranty of good and workmanlike construction and a warranty of habitability in every new home sale, meaning the house has to be built properly and be fit to live in even if the builder contract says nothing. On top of that, the Residential Construction Liability Act in Property Code Chapter 27 governs how defect claims are made: the homeowner notifies the builder, the builder gets a chance to inspect and respond, and the process is designed to settle rather than litigate. It is not an automatic replacement plan, it is a structured way to get the builder to fix what is genuinely wrong.

The 2023 change: six years instead of ten

Starting with HB 2024, effective June 2023, a written warranty that provides at least one year for workmanship and materials, two years for plumbing, electrical, heating, and air-conditioning systems, and six years for major structural components qualifies to shorten the construction-defect statute of repose from ten years after substantial completion down to six. If a builder's warranty meets those terms, your structural defect window closes at six years; without a qualifying written warranty, the default ten-year repose applies. Breach-of-warranty claims also carry a four-year statute of limitations, so the calendar matters more than the salesperson's promises.

The warranty you sign sets the window, which is exactly why the pages matter more than the pitch.

What the warranty does not cover, and what to check before closing

Warranties routinely exclude wear-and-tear items, appliances (which carry their own manufacturer coverage), landscaping, normal settling, and maintenance your family creates after move-in. The most valuable protection is a documented 11-month walkthrough, the last chance to list every nail pop, door gap, and system hiccup and have the builder respond in writing.

• Read the actual warranty document, not the summary, and keep a copy with your closing file.
• Ask exactly how the builder handles defect notices under the RCLA process.
• Schedule a professional inspection before the 11-month walkthrough and send the builder the written list.
• Check the builder's track record and warranty service reputation before you sign, not after a problem appears.

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