What if my GC did not provide the "DISCLOSURE STATEMENT REQUIRED FOR RESIDENTIAL CONSTRUCTION CONTRACT", is there any penalty for this?
Hello.
Why? Is the GC not doing something correctly? And no, there is no real penalty for the homeowner. The subs are going to have problems if they are not paid, though.
-Aaron
Although the contractor is supposed to provide a Disclosure Statement for a residential construction contract, under Texas Property Code section 53.255, the contractor's failure to do so does not invalidate the contract. See Texas Property Code section 53.255(c).
You can review section 53.255 at the following link:
https://statutes.capitol.texas.gov/Docs/PR/pdf/PR.53.pdf
Retain a construction attorney to evaluate your situation and to provide advice.
Good luck.
Please note that the contractor's failure to provide the Disclosure Statement required by Texas Property Code section 53.255 also does not invalidate a mechanic's lien otherwise proper under Chapter 53.