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
| Jun 21, 2012
String of shattered glass balcony panels prompts call for code reform in Ontario
Since last summer, glass balconies have shattered at 13 different buildings in Toronto.
| Jun 21, 2012
California adds window film to building code
California is the first state to add window film into its building code. Window film, a polymer material, offers cost-effective energy savings.
| Jun 21, 2012
New ISO standard to improve environmental management of concrete
A new ISO standard will help the construction industry better manage the environmental impacts of concrete.
| Jun 21, 2012
On net-zero projects, Building Teams will be held accountable for energy-efficiency performance
The building team will be held accountable for how net-zero energy buildings perform two, five, and maybe ten years after completion.
| Jun 14, 2012
USGBC co-founder launches rating system for building product manufacturers
U.S. Green Building Council co-founder David Gottfried’s new venture, Regenerative Ventures, has established a rating system for building product manufacturers.
| Jun 14, 2012
Green standard set for single-ply roofing membrane
A sustainability standard has been established for single-ply roofing membranes used on commercial buildings.
| Jun 14, 2012
Minnesota Vikings stadium plan gets legislative go-ahead
Legislation that approved the construction of a new billion dollar stadium for the Minnesota Vikings passed the Minnesota legislature.
| Jun 14, 2012
Report alleges New York’s prevailing construction wages are miscalculated, costing billions
A miscalculation in how prevailing wages are calculated in New York reportedly costs the state $3 billion a year in public-infrastructure projects.
| Jun 14, 2012
AGC, other business groups oppose hiring rules for disabled
Business groups have asked the U.S. Department of Labor to reconsider a proposed hiring quota aimed at federal contractors pertaining to people with disabilities.
