Pool Builder Won't Honor the Warranty in Texas: RCLA Notice, Deadlines & Complaints (2026)

Short answer: start with the written warranty and contract, then make the claim in writing with dated photos. If it may become a lawsuit, Texas's Residential Construction Liability Act (Property Code ch. 27) generally requires a written notice by certified mail, return receipt requested, at least 60 days before you sue. The builder then gets up to three inspections in 35 days and up to 60 days to make a repair or settlement offer.^[1] The DTPA adds its own 60-day notice and a two-year limitations rule, and chapter 27 wins where the two conflict.^[1][2] For a complaint without a lawsuit, you can file with the Texas Attorney General or the BBB.^[3][4]

How to read this page. This is a plain-English summary of Texas statutes, checked on November 1, 2026. Your contract and warranty wording, and the facts, matter a lot. This is not legal advice. Talk to a Texas attorney about your case. This guide names no company. We run a pool service company (see the footer). We don't build pools.

Why homeowners end up asking this

In a 2024 r/pools thread about DFW builders, a homeowner who bought a house with a pool wrote that the builder said its warranties were non-transferable, “even though the pool structure has a lifetime warranty,” while the pool, under three years old, had problems.^[5] A September 2026 r/dfw post asked how DFW builders “handled any issues after completion.”^[6] On X, one homeowner asked an equipment maker whether it charges a warranty fee because their builder was charging them for a faulty light in a two-year-old pool.^[7] Another X post warned that builder contracts don't cover ground shift after the warranty expires.^[8] These are the posters' own accounts, not verified by us, and we don't name the businesses involved.

Step 1: find out what is actually promised

Get every warranty document. Pools usually come with several layers: the builder's warranty on structure and workmanship, separate warranties on the interior finish, and manufacturers' warranties on equipment like the pump, heater, lights and automation. Each has its own term, exclusions and claim steps. Read yours; don't rely on what a salesperson said.
Look for the claim procedure. Does the warranty require written notice, a specific address, registration, photos, or using the builder's own service visit? Is there a trip or processing fee? Is it transferable to a new owner? Write down what it says, with the page number.
Look for the chapter 27 notice in the contract. A contract subject to chapter 27 must contain a boldface notice saying it is subject to Chapter 27 and describing the 60-day notice. If it's missing, the statute lets the claimant recover a $500 civil penalty on top of other remedies.^[1]
A waiver in the contract doesn't erase chapter 27. Section 27.009 says an attempted waiver of the chapter in a contract subject to it is void.^[1] DTPA waivers are only valid in narrow cases: signed, in a specific form, and with the consumer represented by their own lawyer (§17.42).^[2]

Step 2: document the defect before anyone fixes it

Dated photos and video of the problem, with a tape measure or coin for scale on cracks, and the date you first noticed it.
Water chemistry and service records. Builders often point to maintenance. Chapter 27 says a contractor isn't liable for damage caused by someone else's failure to maintain the residence, for normal wear, tear or deterioration, or for normal shrinkage cracking within building-standard tolerances.^[1] Logs from your own testing or your service company help show what happened.
Equipment details. Model and serial numbers, install date and any error codes, before you call the builder or the manufacturer.
Every contact in writing. If you talk on the phone, follow up with an email or text that sums up what was said.
Don't let someone else repair it yet unless it's a safety issue (see Step 4). Chapter 27 gives the builder a chance to inspect and offer a repair first, and skipping that can hurt your claim.^[1]

Step 3: the chapter 27 (RCLA) notice and timeline

Chapter 27 covers claims for damages or other relief arising from a construction defect, which includes a deficiency in an appurtenance, defined to include a “recreational facility” built by a contractor in connection with a residence.^[1] It does not apply to claims for a contractor's wrongful abandonment of a project before completion or for trust-fund violations under chapter 162. If your builder walked off mid-job, see builder stopped work instead.^[1]

What happens	Deadline in chapter 27	Section
You send written notice, by certified mail, return receipt requested, to the contractor's last known address, describing the defects in reasonable detail. Include evidence you have, like photos and expert reports.	Before the 60th day preceding the date you file suit or start arbitration	§27.004(a)^[1]
Builder may inspect, on written request, up to three times	During the 35-day period after it receives your notice	§27.004(a)^[1]
Builder may make a written repair or settlement offer, by certified mail	Not later than the 60th day after it receives your notice	§27.004(b)^[1]
If you think the offer is unreasonable, you explain why in writing, in reasonable detail	On or before the 25th day after you receive the offer	§27.004(b)(1)^[1]
Builder may make a supplemental offer	Not later than the 10th day after it receives your reply	§27.004(b)(2)^[1]
An offer you don't accept is treated as rejected	If not accepted before the 25th day after you receive it	§27.004(i)^[1]
Accepted repairs must be made	Not later than the 60th day after the builder receives your acceptance, unless you or events beyond its control delay them	§27.004(b)^[1]

You and the contractor may agree in writing to extend any of these periods (§27.004(h)). If you must sue sooner to beat a limitations deadline, the notice can be skipped, but the inspection and offer windows then run from service of the suit (§27.004(c)).^[1]

Why the offer matters. If you reject an offer that a court or arbitrator later finds reasonable, you generally can't recover more than the fair market value of that last offer, plus fees incurred before you rejected it. If the contractor fails to make a reasonable offer, or refuses to start repairs under an accepted offer, those limits don't apply (§27.004(e), (f), (q)).^[1] Recoverable damages are limited to items listed in §27.004(g), such as reasonable repair costs, engineering fees and reasonable attorney's fees.^[1]

Step 4: if the defect is a safety hazard

If a defect creates an imminent threat to health or safety (for example, exposed wiring or a failed safety barrier), say so in your written notice. A contractor who receives that notice must take reasonable steps to cure it as soon as practicable. If it doesn't within a reasonable time, the owner may have it fixed and recover the reasonable cost plus attorney's fees (§27.004(m)).^[1] Turn off power to the affected equipment and keep people away until it's fixed.

Step 5: the DTPA, and how it fits

The DTPA lets a consumer sue when a breach of an express or implied warranty is a producing cause of economic damages (§17.50(a)(2)).^[2] Representing that a warranty gives rights it doesn't actually give is a listed deceptive practice (§17.46(b)(20)).^[2]
Notice: before suing for DTPA damages, a consumer generally must give written notice at least 60 days ahead, with the specific complaint and the amount of damages and expenses claimed (§17.505).^[2]
Deadline: DTPA actions must be commenced within two years after the act occurred or after the consumer discovered, or reasonably should have discovered, it (§17.565).^[2] Chapter 27 does not extend any limitations period (§27.005).^[1]
Which law controls: chapter 27 prevails over the DTPA to the extent of any conflict (§17.44(b), §27.002(b)).^[1][2] In practice, homeowners often send one carefully drafted letter meant to satisfy both. A lawyer can draft it.

Step 6: where to complain if it's not resolved

Texas Attorney General. The Consumer Protection complaint form asks for the business's name and full address, a detailed description, transaction dates and amounts, contract and payment information, and the steps you've taken to resolve it. You can upload up to 10 files. The AG says your complaint is open to the public under Texas law and that the office can't give you legal advice.^[3]
Better Business Bureau. The BBB takes consumer complaints about businesses through its online form.^[4]
The equipment manufacturer. For a pump, heater, light or controller, ask the manufacturer directly how its warranty works and whether any fee applies, and get the answer in writing.
A Texas attorney. Chapter 27 counts reasonable and necessary attorney's fees among the damages a claimant can recover.^[1] The State Bar's referral service can connect you with one.^[9]

Before you sign the next contract, use our vetting guide to ask about warranty terms, transferability and post-build service. Check the final inspection too.

FAQ

My pool builder won't honor the warranty. What do I do first?

Read the written warranty and the contract so you know what is covered, for how long, and how a claim must be made. Then send the builder a written warranty claim with dated photos and keep proof of delivery. If you may end up suing over a construction defect, Texas Property Code chapter 27 (the RCLA) requires written notice by certified mail, return receipt requested, before the 60th day preceding the date you file suit or start arbitration, and the builder gets a chance to inspect and make an offer. Talk to a Texas attorney before you pay someone else to repair the defect.

Does the Texas RCLA apply to swimming pools?

Chapter 27 defines an appurtenance as any garage, outbuilding, retaining wall, or other structure or recreational facility built by a contractor in connection with a residence, and a construction defect includes a deficiency in an appurtenance. A pool built at a home is likely covered, but ask an attorney about your facts. The chapter does not apply to claims for a contractor's wrongful abandonment of a project before completion or to Property Code chapter 162 trust fund violations.

How long does the builder get to respond to an RCLA notice?

On written request, the contractor gets a reasonable opportunity to inspect, up to three inspections, during the 35-day period after it receives your notice. It may make a written settlement offer within 60 days after receiving the notice. If you think the offer is unreasonable, you must explain why in writing on or before the 25th day after you receive it, and the contractor may make a supplemental offer within 10 days after getting your reply. Accepted repairs are due within 60 days after the contractor receives your acceptance, unless delayed by you or events beyond its control.

What happens if I turn down the builder's repair offer?

If a court or arbitrator later finds the offer was reasonable, chapter 27 limits what you can recover to roughly the fair market value of that last offer, plus fees incurred before you rejected it. An offer not accepted before the 25th day after you receive it is considered rejected. If the contractor makes no reasonable offer, or accepts and then refuses to start repairs, those limits don't apply.

Is there a deadline to make a DTPA warranty claim in Texas?

The DTPA lets a consumer sue for breach of an express or implied warranty, generally after giving written notice at least 60 days before suit. Section 17.565 says DTPA actions must be commenced within two years after the act occurred or after the consumer discovered or reasonably should have discovered it. Chapter 27 does not extend any limitations period, and chapter 27 prevails over the DTPA where they conflict, so ask a lawyer early about which deadlines apply to you.

Find a lawyer: State Bar of Texas referral service.^[9] Related: builder directory · builder filed bankruptcy · methodology. Checked November 1, 2026. Something wrong or out of date? Tell us.

My pool builder won't honor the warranty in Texas: notice letters, deadlines and where to complain (2026)