House Bill No. 3847 introduces a new chapter, Chapter 28, to the Civil Practice and Remedies Code, specifically addressing construction defect litigation. This chapter defines key terms such as "Claimant," "Commercial construction defect," and "Commercial property," and outlines the requirements for pleading a commercial construction defect claim. Claimants must provide detailed descriptions of the alleged failures in the commercial property, state the factual basis for their claims, and ensure that their petitions are verified by knowledgeable individuals. The bill also establishes a process for defendants to move for dismissal of claims that do not meet these pleading requirements, including provisions for repleading and the timeline for hearings.

Additionally, the bill stipulates that if a claim is dismissed due to insufficient pleading, it does not toll the applicable limitations period, meaning that claimants must be diligent in filing compliant petitions. The court may award attorney's fees and costs to the prevailing party in dismissal motions and impose sanctions on individuals who submit false verifications. The Supreme Court is granted the authority to adopt rules for implementing this chapter, which will take effect on September 1, 2025, and will apply only to actions commenced after that date.

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