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 | Sep 20, 2018
North Carolina law banning use of recent climate science could worsen Hurricane Florence impact
Policies may have undermined ability to make coastal regions more resilient.
Codes and Standards | Sep 19, 2018
AIA endorses building owner participation in cap-and-trade programs
Would spur more energy conservation in buildings and cut carbon emissions.
Codes and Standards | Sep 18, 2018
ConsensusDocs Coalition publishes new Lean Addendum
Industry-first document to facilitate lean tools without need to sign multi-party IPD agreement.
Codes and Standards | Sep 14, 2018
IAPMO seeks comments on proposals for 2021 plumbing and mechanical codes
Deadline is Jan. 3, 2019.
Codes and Standards | Sep 13, 2018
As ICC prepares to vote on codes for tall wood buildings, opposition is still strong
Influential body will vote in October on new provisions to allow 18-story wood-framed structures.
Codes and Standards | Sep 12, 2018
Saltwater incursion into Miami’s aquifer may make city uninhabitable later this century
Rising sea levels likely to claim drinking water before land is under water.
Codes and Standards | Sep 11, 2018
Smart Surfaces Coalition will help cities reduce urban heat island effect
Surfaces can reflect away heat and help prevent flooding.
Codes and Standards | Sep 7, 2018
Certified Green Buildings may have an advantage in capital markets
Research supports financial case for certification.
Codes and Standards | Sep 7, 2018
NIST releases report outlining steps to bolster disaster resiliency
Offers immediate occupancy building codes and performance standards strategies.
Codes and Standards | Sep 6, 2018
Coalition of mayors around the globe pledge net-zero buildings by 2030
New construction to produce as much energy as it consumes.