Implied and express warranties for construction or material defects on projects have time limits but when the time limit is exceeded, that doesn’t mean that contractors are completely free from liability for failures.
Warranties are usually limited to one to three years, and the statute of limitations on construction defects, while it varies by jurisdiction, is usually limited to 10 years. But personal injury law provides potential grounds for litigation many years later.
For example, in New York the statute of limitation on personal injury is three years from when an injury occurs. That means a lawsuit targeting a contractor could be brought decades after a building is completed.
Contractors can protect themselves from liability by performing their work in a diligent and professional manner, according to current codes, and not cut corners, lawyers advise. For example, don’t substitute a different class of rebar from what is called for in structural drawings even if you believe that choice would be best. Instead, raise the issue with the engineer or construction manager who can best address the issue.
Related Stories
Codes and Standards | Oct 26, 2018
Tall Mass Timber code proposals approved at Intl. Code Council public comment hearings
Proposals now go to online voting; final outcome expected in December.
Codes and Standards | Oct 25, 2018
Low-income neighborhoods could benefit most from green roofs
Those areas face the biggest risk from extreme heat.
Codes and Standards | Oct 24, 2018
Building design critical to prevent school shootings
Safety must be balanced with welcoming environment.
Codes and Standards | Oct 23, 2018
Codes in Florida Panhandle made buildings vulnerable to Hurricane Michael
Less stringent codes in northern parts of state linked to devastation.
Codes and Standards | Oct 19, 2018
Global Green Tag production certification standard will launch in U.S. at end of year
Australian program recognized by WELL, claims compliance with LE.
Codes and Standards | Oct 18, 2018
Federally-backed rebuilding of public buildings often leaves them vulnerable to future storms
FEMA dollars pay for reconstruction, but local decision-makers ignore climate change impacts.
Codes and Standards | Oct 17, 2018
Philadelphia plumbing code will now allow for more use of plastic pipes in high rises
Of the 50 largest U.S. cities, Philadelphia is one of just six that still require metal pipes.
Codes and Standards | Oct 16, 2018
New Disaster Recovery Reform Act will support adoption of updated building codes
Provides incentives for communities to modernize and enforce codes.
Codes and Standards | Oct 12, 2018
Boston ‘housing emergency’ prompts regional initiative for new residential construction
Mayors of 15 cities set goal of 185,000 new homes by 2030.
Codes and Standards | Oct 11, 2018
On-site staff key to energy benchmarking project for property management company
Manager training, data sharing are critical to meeting 20% utility cost reduction goal.
