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 5, 2012
HP Labs aims for net-zero energy data centers
Building sustainable data centers is one of the goals of HP Labs, and it believes technology, combined with the right building techniques, could result in the construction of energy-efficient data centers.
| Jun 5, 2012
USGBC delays LEED 2012; renames it LEED v4
In response to concerns by LEED users, the U.S. Green Building Council (USGBC) announced that it will delay the ballot on LEED 2012 until June 1, 2013.
| Jun 5, 2012
Baltimore officials vow to block $1.8 billion urban renewal project
Baltimore officials want to block a $1.8 billion urban renewal project until more neighborhood residents and minority contractors are hired and displaced residents can benefit from the revitalization.
| Jun 5, 2012
OSHA launches campaign to warn of heat dangers in outdoor work
The Occupational Safety and Health Administration has begun a campaign to warn outdoor workers about the dangers of heat exposure.
| Jun 5, 2012
AGC’s Safety and Health Conference focuses on regulations, legislation
More than 150 industry professionals and other attendees will participate in the Associated General Contractors of America’s (AGC’s) safety and health conference July 11-13 in Washington, D.C.
| Jun 1, 2012
New BD+C University Course on Insulated Metal Panels available
By completing this course, you earn 1.0 HSW/SD AIA Learning Units.
| May 31, 2012
Proposed change in Michigan’s building code would hurt innovation, say critics
Legislation pending before the Michigan Senate would change the law that calls for building codes to be updated every three years to require an update only every six years.
| May 31, 2012
Natural gas industry opposes federal carbon-neutral construction rule
The natural gas industry and some allies are working to block a federal green building rule that was expected to be a national model for carbon-neutral construction.