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 | Nov 12, 2020
California rent control measure defeated
Golden State voters reject Proposition 21.
Codes and Standards | Nov 11, 2020
NY court ruling makes it easier for condo boards to sue investors for construction defects
Investors would be tapped for damages on such cases.
Codes and Standards | Nov 10, 2020
Researchers and industry leaders will form national institute for AI in construction
Goal is to identify high-impact areas for application in design and construction.
Codes and Standards | Nov 6, 2020
Jobsite injuries in New York City decline 20% since 2017
Safety training cited as a cause of improvement.
Codes and Standards | Nov 4, 2020
Commercial building owners having tougher time securing insurance policies and renewals
Insurers’ fears of civil unrest in wake of election prompt builder’s risk coverage moratoriums.
Codes and Standards | Nov 4, 2020
Turn rooftops into revenue generators with solar arrays
Lease or ownership models for PVs make more sense than ever.
Codes and Standards | Nov 3, 2020
The argument against gas stoves includes degraded indoor air quality
Asthma seems to be aggravated by cooking with flame.
Codes and Standards | Nov 2, 2020
Wildfires can make drinking water toxic
Updated building codes could mitigate the danger.
Adaptive Reuse | Oct 26, 2020
Mall property redevelopments could result in dramatic property value drops
Retail conversions to fulfillment centers, apartments, schools, or medical offices could cut values 60% to 90%.
Codes and Standards | Oct 26, 2020
New seismic provisions for the National Earthquake Hazards Reduction Program released
The provisions present a set of recommended improvements to the ASCE/SEI 7-16 Standard.
