Construction Defect Claims: Time Limits For Filing Your Claim

Men in constructionConstruction defects could occur due to a variety of factors, such as using substandard building materials or shoddy workmanship. These include a wide array of minor aesthetic issues, such as peeling paint and exposed nails to really troublesome and major issues like mold or a weak foundation. But what if you already bought the house? What could you do?

Read on to find out.

Construction Defect Cases and Time Limits

Fortunately, states laws enable you to file a claim against a builder to recover your property’s lost value due to a defect. But you need to be aware that majority of states have specific time limits for filing for construction defect claims. In Colorado for instance, these include the statute of limitations and the statute of repose, says an experienced real estate attorney in Denver.

Statutes of Limitations

The statutes of limitations work to prohibit claims once a specific period has passed following the occurrence of the claim or an injury. The limitation for these types of claims is two years after you discovered or should’ve known about an alleged construction defect’s physical manifestation. Take note that the statute of limitations is different for claims involving third-party liability.

Statutes of Repose

This statute enforces a total ban on construction defect claims following a set period, regardless if a claim or injury has arisen. The time limit for this is six to eight years following significant completion of the building work, but it is also dependent on when the claim occurs.

In most states, time limits start to run upon the discovery of the construction defect. If the construction defect is considered apparent or patent according to practical inspection, you must file a claim within the time limit set by state statute. On the other hand, if the construction defect is not easily noticeable or latent, you could file a claim within 10 years following the substantial completion of improvements.

Construction defects law varies greatly from one state to another, and it could include several liable parties. Add to that the fact that you could only file a claim within a specific period. If you believe that your house has a construction defect due to the actions of the builder or other third parties, it’s important that you hire an experienced lawyer to help you in filing your claim and securing the best possible results.