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 16, 2015
Appellate court enacts nationwide stay on controversial expansion of Clean Water Act
New EPA rule suspended until court cases settled.
Codes and Standards | Oct 9, 2015
New California law means commercial building benchmarking program will be implemented
Multifamily housing to be included, a first for a U.S. state.
Codes and Standards | Oct 2, 2015
New ASHRAE guideline for commissioning existing systems and assemblies
Focuses on optimum facility and system operation.
Codes and Standards | Sep 18, 2015
New RELi standard addresses disaster resilience
Based on LEED model, may help lower insurance rates Â
Building Materials | Aug 28, 2015
Structural steel buildings specification available for second public review
Next year's specification open for comments until Sept. 21
Energy Efficiency | Aug 28, 2015
North American Passive House Network e-book explains Passivhaus, net-zero techniques
Free guide includes spotlight on individual projects
Windows and Doors | Aug 28, 2015
Newly formed group challenges Florida building code
Window, door companies oppose provisions that raise costs
Codes and Standards | Aug 28, 2015
New Orleans becoming a model for climate resilience only 10 years after Katrina
The city has moved ahead with resilience strategies that may become a model for other communities
Codes and Standards | Aug 21, 2015
Illinois governor vetoes bill that would restrict condo owners’ rights
Bill would have made it harder to sue for building flaws
Codes and Standards | Aug 21, 2015
Post-Katrina roofing codes creating more resilient buildings on Gulf Coast
Ten years after storm, notable progress on stronger roofs, IBHS says
