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
| Feb 17, 2012
Codes not to blame for Anchorage roof collapses following heavy snows
Design or construction problems likely contributed to the collapses, according to city officials.
| Feb 17, 2012
Comment period opens March 1 for LEED 2012 update
USGBC says that LEED's strength comes from its continuous evolution.
| Feb 17, 2012
OSHA training videos on proper respirator use available online
17 short videos to help workers learn about the proper use of respirators on the job.
| Feb 17, 2012
Union/employer collaboration on the rise aimed at exceeding OSHA safety standards
Unions have learned to help employers win contracts with bids made competitive through good safety practices.
| Feb 16, 2012
Gain greater agility and profitability with ArchiCAD BIM software
White paper was written with the sole purpose of providing accurate, reliable information about critical issues related to BIM and what ArchiCAD with advanced technology such as the GRAPHISOFT BIM Server provide as an answer to address these issues.
| Feb 9, 2012
Initiative to sell off under-used federal property gaining momentum
The bill is similar to a White House planto cut $8 billion worth of building costs by the end of the 2012 fiscal year, and to establish a panel to identify other sites worth selling or donating to nonprofits or state and local governments.
| Feb 9, 2012
Computer tool helps engineers design roof cladding using Canada's building code
Easier to design roof cladding that can withstand winds in a given area.
| Feb 9, 2012
Webinar focuses on lessons learned from LEED-certified industrial project
This case study will focus on strategies used to save the client money, achieve certification, and effectively market success once the project was complete.
| Feb 9, 2012
Rapid growth of zero energy buildings expected
Much of that growth will be in the European Union, where near-zero energy buildings are mandated by 2019 for public buildings, and by 2021 for all construction.