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
Healthcare Facilities | Jun 10, 2016
Top 10 health technology hazards include some influenced by space design
ECRI Institute’s annual list includes operational and workflow issues.
Codes and Standards | Jun 9, 2016
Supreme Court ruling could aid developers on properties containing wetlands
Unanimous decision allows landowners to take regulatory decisions straight to court.
Green | Jun 8, 2016
TD Bank Group's renovated Toronto office is first WELL-Certified project under WELL v1
The newly renovated 25,000-sf space achieved gold-level status.
Concrete | Jun 7, 2016
Concrete Institute publishes document providing concrete curing guidance
New curing monitoring techniques included.
Energy | Jun 7, 2016
Energy modeling payback typically as short as one to two months
Energy modeling is a ‘no-brainer—like checking MPG on a car’
Green | Jun 2, 2016
USGBC offers new LEED pilot credit: Building Material Human Hazard and Exposure Assessment
For assessing human health-related exposure scenarios for construction products.
Resiliency | Jun 1, 2016
Federal agencies boost standards for more resilient construction
HUD, FEMA, GSA, Army Corps of Engineers make policy changes.
Green | May 31, 2016
Miami Beach requires developers to meet green standards or pay a fee
Applies to structures larger than 7,000 sf.
Codes and Standards | May 27, 2016
Better enforcement needed for successful implementation of energy efficiency policies
Commercial buildings the focus of recent code initiatives.
Codes and Standards | May 25, 2016
LEED Dynamic is worth the effort, says commercial real estate executive
San Diego office tower is California’s first office building to receive LEED Dynamic plaque in recertification.
