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Applicability of Texas Property Code 53.255 disclosure to roofing contracts and work

Hello, you have a blog on TX Prop Code 53.255. I represent multiple roofers. Could you please clarify if a roofing contract constitutes an improvement to a building or residence which would require a 53.255 disclosure or alternative waiver? Also, if this disclosure or waiver is required and it is missing from a contract, does that preclude the roofer-contractor from later servicing notices to trap funds and file an affidavit claiming lien? Thank you!

1 reply

Oct 15, 2019

§ 53.255 doesn't specifically mention those who perform roofing work, but looking to the text of that section as well as the relevant definitions should provide some insight. For posterity, here's that blog: Hired by a Texas Homeowner? Don’t Forget the Residential Disclosure Statement The bulk of § 53.255 is simply the required text of the disclosure statement, but § 53.255(a) states: "Before a residential construction contract is executed by the owner, the original contractor shall deliver to the owner a disclosure statement described by this section." (emphasis added). Definitions under § 53-001 Looking back to § 53-001 of the Texas Property code should help provide some insight here. § 53-001(7) defines an original contractor as "a person contracting with an owner either directly or through the owner’s agent." So, it would appear that a roofing contractor would fall into this very broad definition of an "original contractor." § 53-001(9) sets the definition for what will be considered a "residential construction contract." That's defined as "a contract between an owner and a contractor in which the contractor agrees to construct or repair the owner’s residence, including improvements appurtenant to the residence." So, that section is also broad - and, it would appear that a contract to repair the roof of a residence would also fall under the § 53.255 disclosure requirement. What happens if a § 53.255 disclosure isn't sent? First and foremost, note that § 53.255(c) reads "The failure of a contractor to comply with this section does not invalidate a lien under this chapter, a contract lien, or a deed of trust." (emphasis added). But, that's really all that section says on the topic. So, it's not exactly clear what happens, if anything, if the notice isn't sent. Still - it's best practice to include the disclosure, as required. And, it's possible that damages could come into play for failure to comply, if a dispute erupts.

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