Statute of Limitations
Also known as: Limitation Period, Time Bar
A law that sets the maximum time after an event within which a legal claim can be filed. For construction defects, the clock typically starts when the defect is discovered or should have been discovered.
Detailed Explanation
A statute of limitations sets a deadline for filing a legal claim. If you miss the deadline, your claim is barred — regardless of how strong it is.
For construction defect claims, the statute of limitations typically begins when you discovered the defect or should have discovered it with reasonable diligence. This is called the "discovery rule."
Timeframes vary by state and by the type of claim. Breach of warranty claims might have a 4-year statute of limitations, while negligence claims might have a 2-year limit.
In Your Contract
Some builder contracts include their own limitation periods that are shorter than the state statute of limitations. Look for language shortening the time you have to bring claims.
Key Points
- 1Sets the deadline for filing legal claims.
- 2Missing the deadline bars your claim permanently.
- 3Typically starts when the defect is discovered or should have been discovered.
- 4Timeframes vary by state and claim type (usually 2-6 years).
- 5Builder contracts may impose shorter limitation periods than state law allows.
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