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
| Jan 23, 2014
Low-slope roofs with PVs tested for wind uplift resistance
Tests showed winds can cause photovoltaic panels to destroy waterproof membranes.
| Jan 16, 2014
Bio-based materials could transform the future of sustainable building
Recent winners of the Cradle to Cradle Product Innovation Challenge include a brick made from bacterial byproducts and insulation created from agricultural waste products.
| Jan 16, 2014
The incandescent light bulb is not dead
Despite misleading media reports, January 1 did not mark a ban on the manufacture or import of 60-watt and 40-watt incandescent bulbs.
| Jan 16, 2014
ASHRAE revised climatic data for building design standards
ASHRAE Standard 169, Climatic Data for Building Design Standards, now includes climatic data for 5,564 locations throughout the world.
| Jan 15, 2014
ConsensusDocs releases updated subcontract for federal work
The new version addresses recent changes in federal contracting.
| Jan 15, 2014
First quarter 2014 LEED rating system addenda now available
There are 71 new LEED Interpretations, including 65 for Homes and Multifamily Midrise.
| Jan 10, 2014
What the states should do to prevent more school shootings
To tell the truth, I didn’t want to write about the terrible events of December 14, 2012, when 20 children and six adults were gunned down at Sandy Hook Elementary School in Newtown, Conn. I figured other media would provide ample coverage, and anything we did would look cheap or inappropriate. But two things turned me around.
| Jan 8, 2014
Strengthened sprinkler rules could aid push for mid-rise wood structures in Canada
Strengthened sprinkler regulations proposed for the 2015 National Building Code of Canada (NBCC) could help a movement to allow midrise wood structures.
| Jan 8, 2014
New materials should help boost sustainability in cities by 2020
Newer developments include windows made with nano-crystals that control intense heat penetration while lighting living areas from the outside.
| Jan 8, 2014
Architect sentenced to a year in jail for firefighter's death
Architect Gerhard Becker was sentenced to a year in LA county jail after pleading no contest to the manslaughter of a firefighter who died while trying to contain a fire in a home the architect had designed for himself.