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 | Oct 15, 2020
Neighborhoods Now offers cost-effective, DIY designs in response to COVID-19 pandemic
Designs include barriers for outdoor dining, sidewalk retail displays, and modular seating for public spaces.
Codes and Standards | Oct 14, 2020
Standard contract document for prefab and modular building released
ConsensusDocs addresses the most common prefabricated construction use-case scenario.
Codes and Standards | Oct 13, 2020
Austin is first major Texas city to adopt wildfire code
New ordinance based on the International Wildland-Urban Interface Code.
Codes and Standards | Oct 12, 2020
Guidance offered for K-12 schools to support students with asthma
Green purchasing policies for cleaning, filters, furniture and other products encouraged.
Codes and Standards | Oct 7, 2020
More energy efficiency programs are encouraging zero-energy projects
At least 20 programs for new construction, major renovations emerge.
Codes and Standards | Oct 6, 2020
LEED, GBCI rating systems spur resilience-enhancing strategies
Expanded programs, resources address impact of climate change.
Codes and Standards | Oct 6, 2020
International Code Council to hold inaugural online education event
Week-long ICC Learn Live will include panel conversations, keynotes, and breakout sessions around key topics in building safety.
Codes and Standards | Oct 5, 2020
Guides addressing fenestration anchorage updated
First update to decade-old technical documents released.
Codes and Standards | Oct 1, 2020
Deadline extension for LEED 2009 project certifications
Delivery timeline delays due to COVID-19 pandemic prompt action.
Codes and Standards | Sep 29, 2020
New drinking water standard criteria further restricts lead leaching in plumbing products
Tightened standard applies to endpoint devices that dispense drinking water, and other plumbing components