When the Builder Says No
You filed a warranty claim on your new home, and your builder said no. That doesn't have to be the end of it.
A warranty inspection documented obvious framing and structural issues in a new home, and the builder — a national builder — basically refused the repairs. If that sounds familiar, here's the order to work through, and why the order matters. Skipping ahead to a lawsuit before the formal steps are done can limit what you can recover. Each step also builds the paper trail the next step needs. The ladder below is the general path, drawn from public sources — the case above is the reason for writing it, not a claim that every step below was taken in it.
Get everything in writing, through the warranty's own claim procedure
A phone "no" is not a final answer — and it leaves no record. File the claim the way the warranty document itself requires, in writing, and keep a copy of everything: the claim, the builder's response, dates, and photos. If a step later depends on what was said and when, the written record is what counts.
Document independently — and know what carries weight
Your inspection report is the start. For a structural claim, a licensed engineer's report carries weight an inspector's report alone may not. Date and photograph each issue, and keep the log running: new cracks, doors that start sticking, anything that changes.
A dated log becomes the warranty claim's evidence (this is the same habit the "Year One: Keep the List" checklist teaches — a running log beats memory at month 11).
Escalate past the local division, to corporate warranty
If the local office says no, the claim does not end there. Escalate in writing to the builder's corporate warranty department, attaching the same file: claim, inspection report, engineer's report if you have one, and photos.
A second decision-maker seeing a complete file is a different conversation from a first "no" on the phone.
Check for a third-party warranty administrator
If the home is enrolled in a third-party warranty program, that administrator is another route — and another deadline. The common structure is 1-2-10: 1 year for workmanship, 2 years for systems, 10 years for structural.
Check which coverage your issue falls under and what that program's own claim deadlines are, because missing a program deadline can forfeit that coverage entirely.
Texas AG complaint
A complaint to the Texas Attorney General's office is a further escalation step, not a substitute for the formal notice process below.
It belongs in the ladder after the builder's own channels have been worked, not instead of them.
The formal route: Texas RCLA notice — and why you cannot skip it
Under the Texas Residential Construction Liability Act (RCLA) Texas Property Code Chapter 27, a homeowner generally cannot file suit over a construction defect until the builder has had formal notice and an opportunity to respond.
This is the step that most often decides whether a claim survives, so the deadlines below are worth reading twice.
The RCLA timeline (Texas Property Code §27.004)
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Your notice: sent in writing by certified mail, return receipt requested, at least 60 days before filing suit. It must describe the defects in reasonable detail, with supporting evidence where needed, and the nature and extent of repairs required.
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The builder's inspection: after receiving your notice, the builder gets a reasonable opportunity to inspect — up to three inspections during the 35 days after receipt.
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The builder's offer: the builder then has up to 60 days after receiving your notice to make a written offer of settlement, also by certified mail, return receipt requested — describing in reasonable detail what repairs will be made and when.
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If the offer is unreasonable: you must advise the builder in writing, with reasons, by day 25 after receiving the offer. The builder then has 10 days after receiving your reasons to make a supplemental written offer.
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Attorney step: this is the point to talk to an attorney about your specific situation, before accepting, rejecting, or filing anything.
Sources for the timeline: Texas Property Code §27.004 and the Texas Law Library Construction Defects Guide
What not to do
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Don't accept a verbal "no" as final — and don't rely on a verbal "yes" either. If it isn't written, it didn't happen.
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Don't let a deadline pass while waiting for a callback. Program deadlines (step 4) and RCLA deadlines (step 6) run whether or not anyone calls back.
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Don't file suit before the RCLA notice process has run. That is the step courts look for first.
The bottom line
"No" from a builder is usually the start of a process, not the end of one: written claim, independent documentation, corporate escalation, warranty administrator, AG complaint, and — only after formal notice and an opportunity to cure — an attorney and the courts.
Worked in order, each step makes the next one stronger.
This guide is for general information only and shouldn't be considered legal advice. If you are in a warranty dispute, talk to a Texas attorney about your situation and deadlines before you act.
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Mike McCown · TREC #26408 · InterNACHI CPI · CCPIA Certified