Why Every Texas Homeowner in a Builder Dispute Should Require a “Hold Harmless” Agreement Before Letting Anyone Back on Site

When a home construction project goes wrong, the same builder or contractor who caused the problem often demands the right to return to the property for “repairs,” “testing,” or “inspection.” To the uninitiated, that might sound cooperative. To anyone familiar with post-construction disputes, it is an enormous liability trap. Once a disagreement exists, the property is no longer just a house — it is a piece of evidence. Any careless act, untrained worker, or uninsured “expert” who touches it can cause further damage, destroy evidence, or even create new claims. For this reason, every Texas homeowner engaged in a construction defect dispute should insist that anyone entering the property sign a Homeowner’s Hold Harmless Agreement before setting foot on site.

The Hold Harmless Agreement serves a single, critical function: it makes clear that any builder, contractor, or expert who enters the property does so entirely at their own risk and assumes full responsibility for any damage or injury they cause. In practice, this means that if a contractor breaks a window, floods a room, or injures themselves through carelessness, the homeowner cannot be held responsible. The agreement shifts that burden entirely to the party whose actions caused the harm and extends that responsibility to their employees, assistants, and affiliated experts to prevent later disputes or cross-claims.

In the context of an active dispute, the need for such protection becomes obvious. When a claim under the Texas Residential Construction Liability Act or the Deceptive Trade Practices Act is pending, the home itself becomes the central exhibit in the case. Every inspection, test, or attempted “repair” carries risk — not just to the physical property but to the integrity of the evidence itself. Without a hold-harmless agreement, builders can easily cause new damage while claiming to “inspect,” re-energize electrical systems or open plumbing valves that should remain off, or engage in uncoordinated activities that endanger others on site. When accidents happen, those same individuals often turn around and file claims against the homeowner’s insurance. Requiring a signed agreement ensures accountability and discourages precisely this type of reckless behavior. Builders or contractors who refuse to sign often reveal what experienced litigators already suspect — that they lack adequate insurance, professionalism, or confidence in their work.

The agreement also contains a minimum insurance requirement. It mandates that those entering the property maintain at least $300,000 in general liability coverage, a standard threshold consistent with most professional licensing and commercial policies in Texas. This provision guarantees that anyone granted access is both insured and financially capable of covering the cost of any damage or injury caused during inspection or testing. It prevents the all-too-common scenario in which a subcontractor damages a surface or system, disappears, and leaves the homeowner’s carrier to absorb the cost.

Importantly, the hold-harmless form does not prevent legitimate inspection or discovery access. It simply ensures that such access occurs under responsible, insured, and documented conditions. It expressly excludes liability for the normal operation of appliances or fixtures and prohibits energizing or operating disconnected systems without the homeowner’s written consent. These restrictions are not meant to obstruct — they prevent familiar disaster scenarios such as an unqualified contractor flipping a breaker or opening a valve, flooding the home, and then blaming the homeowner. The agreement draws a bright, enforceable line between lawful inspection and negligent interference.

There is no question that requiring such a document is both lawful and advisable in Texas. Property owners have absolute authority over who may enter their premises and under what terms. A homeowner may deny or condition entry to anyone, including a builder, contractor, or expert witness. Conditioning entry on the signing of an indemnity agreement and proof of insurance is a reasonable safety measure well within the scope of the owner’s rights. The hold-harmless agreement is also outside the reach of Texas’s anti-indemnity statute, which applies only to construction and repair contracts. Courts have consistently held that indemnity agreements related to site access or inspection are separate and enforceable. Requiring proof of insurance and indemnity further satisfies the homeowner’s general duty of care to prevent foreseeable harm on their property.

Contractually, the agreement is valid and enforceable. The homeowner offers access under specific terms, the visiting party accepts by signing, and both parties receive consideration — the contractor gains entry, and the homeowner gains protection. Once executed, it forms a binding agreement under Texas contract law. It is also consistent with Texas procedural rules that allow courts to condition inspection access on reasonable protections for persons and property. Requiring a signed hold-harmless agreement and proof of insurance before an inspection takes place is therefore entirely proper in both pre-litigation and active litigation settings.

Attorneys and experts representing homeowners should treat the Hold Harmless Agreement as a standard pre-entry condition. It prevents builder re-entry that damages evidence, eliminates the risk of subcontractor injury claims, and reduces insurance disputes over property damage caused during testing. Defense counsel and opposing experts should have no legitimate objection to it. Any competent and insured professional can sign such an agreement without prejudice. The only parties who resist are those who lack insurance, professionalism, or accountability.

For homeowners engaged in an active dispute, the rule is simple: if your builder, contractor, or their hired “expert” requests to re-enter your property, the correct response is, “You are welcome to inspect — once you’ve signed the Hold Harmless Agreement and provided proof of insurance.” That one step transforms a risky situation into a controlled, legally defensible process.

In every Texas construction dispute, the property itself is both the victim and the evidence. The Homeowner’s Hold Harmless Agreement is not an obstacle to discovery — it is a shield against further harm. It keeps responsibility where it belongs: on those whose negligence caused the problem or who now seek to re-enter the property to examine it. There is no law requiring a homeowner to invite risk back into their home. Requiring a signed hold-harmless and proof of insurance is both lawful and essential. It protects the home, preserves the evidence, and upholds the homeowner’s rights throughout the dispute process. If a builder or contractor refuses to sign it, that refusal says everything necessary about their competence, coverage, and credibility.

Homeowners, attorneys, and experts who wish to implement this best practice can download a sample copy of the Homeowner’s Hold Harmless Agreement here.