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 | Jan 5, 2021
EPA finalizes first major update to Lead and Copper rule
Will accelerate pace of lead service line replacement.
Codes and Standards | Jan 5, 2021
Flood risk for affordable housing expected to triple by 2050
Some communities will have 90% of their affordable housing at risk.
Codes and Standards | Jan 4, 2021
Ranks of remote workers expected to double in five years
Nearly 23% of employees will work from outside of offices.
Codes and Standards | Dec 28, 2020
CSI and ASTM standards can now be connected through a central location
CROSSWALK web service accesses standards specific to projects from feasibility to turnover.
Codes and Standards | Dec 28, 2020
Dept. of Energy offers Better Buildings Field Validation Results Hub
One-stop-shop for information associated with technology validations in buildings.
Codes and Standards | Dec 28, 2020
2021 Defense Authorization Act includes mass timber provision
Directs defense, agriculture secretaries to review potential for wood frame construction on defense building projects.
Codes and Standards | Dec 28, 2020
New York City proposal would require rainwater detention tanks for new development
Rule would apply to projects on lots sized 20,000 sf or larger.
Codes and Standards | Dec 17, 2020
Energy efficiency as a service gaining ground as financing approach for adopting innovations
Building owners can invest in new technology with no upfront cost.
Codes and Standards | Dec 16, 2020
Resources available to address Legionella threat
Buildings reopened after extended pandemic closure are at risk.
Codes and Standards | Dec 16, 2020
New Specifications for Concrete Construction reference manual released
Scope expanded to include shotcrete, internal curing, mineral fillers, and recycled concrete aggregates.
