Sec.
§
40.603
“Amend a complaint to add a cause of action for a constructional defect” defined.
“Amend a complaint to add a cause of action for a constructional defect” means any act by which a claimant seeks to:
1.
Add to the pleadings a defective component that is not otherwise included in the pleadings and for which a notice was not previously given; or
2.
Amend the pleadings in such a manner that the practical effect is the addition of a constructional defect that is not otherwise included in the pleadings.Ê The term does not include amending a complaint to plead a different cause for a constructional defect which is included in the same action.