What are statutes of repose?
In the late sixties many states began to enact statutes of repose in response to a series of decisions that abolished the lack of privity defense against design professionals. Architects and engineers were being held liable for defective designs, even decades after a project hand been completed. Following this trend, in 1969 the Texas Legislature enacted a statute of repose applicable to architects and engineers who furnish design, planning, or inspection of the construction of improvements to real property. This statute, now codified at Texas Civil Practices & Remedies Code Annotated, Section 163008 (Vernon 1986), protected only registered or licensed architects and engineers. Other construction professionals remained open to potentially unlimited liability. But in 1975, the legislature added a statute of repose applicable to persons who perform or furnish construction or repair of improvements to real property. This provision currently codified at Section 16.009 of the Texas Civil Pr
