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 | Jul 20, 2021
New York, New Jersey legislatures may revamp bidding rules to promote low-carbon concrete
Contractors would have to certify that their concrete is in compliance.
Codes and Standards | Jul 19, 2021
Lack of information on carbon emissions challenges construction industry
Reports recommends whole-life carbon assessments on building projects.
Codes and Standards | Jul 19, 2021
Florida condo collapse spurs increased scrutiny on inspections, regulations
Insurers demand proof of current inspections.
Codes and Standards | Jul 15, 2021
Three drywall code-referenced publications have been updated
Include guidance on fire resistance, sound control, application, and finishing.
Codes and Standards | Jul 14, 2021
Biden’s infrastructure proposal includes massive investment in school buildings
‘Once in a lifetime opportunity’ to upgrade HVAC and other key systems.
Codes and Standards | Jul 13, 2021
Reluctance to fund maintenance on older condos is a serious problem
Owner associations defer needed work, putting properties at risk.
Codes and Standards | Jul 12, 2021
Regulations on hydrofluorocarbons reduce roof insulation options
Canada, some U.S. states ban HFC blowing agents used in closed-cell foam.
Codes and Standards | Jul 8, 2021
New York City shuts down 322 construction sites for unsafe conditions
Action comes as inspectors visit more than 2,100 sites.
Codes and Standards | Jul 7, 2021
Bechtel, Nautilus partner on sustainable, high-performance data centers
Facilities would use 70% less power for cooling, eliminate consumption of drinking water.
Codes and Standards | Jul 7, 2021
Surfside condo collapse could spur new legislation
Natl. Institute of Standards and Technology is investigating.
