|
STATUTES OF
LIMITATION
If an association has
construction defects, it has a limited time-period to assert its claims. Following are general guidelines only.
Boards should immediately
contact a law firm that specializes in construction defect litigation
for an evaluation of its development and advice on how best to proceed.
PATENT DEFECTS. These are obvious defects which are apparent by reasonable inspection.
LATENT DEFECTS. Latent defects are deficiencies which are not apparent by reasonable inspection.
These defects eventually become observable.
STATUTE OF REPOSE. Unless the time
has been tolled, no action may be brought more than 10 years after substantial completion of the
project regardless of the date the defect is discovered.
|
Residences Sold Before January 1, 2003 |
|
Item |
Definition |
Statute of Limitations |
|
Patent
defects |
Obvious defects which are apparent by reasonable
inspection.
Examples: Uneven sidewalks, no hot water, leaky roofs,
etc. |
4 years from substantial completion |
|
Latent
defects |
Deficiencies which are not apparent by reasonable
inspection. |
Negligence: 3 years after reasonable discovery |
|
Breach of warranty: 4 years after reasonable discovery
|
|
| |
|
Residences Sold After January 1, 2003 |
|
Item |
Statute of Limitations |
|
Plumbing and sewer lines |
4 years from close of escrow |
|
Electrical systems |
4 years from close of escrow |
|
Hardscape |
4 years from close of escrow |
|
Noise |
1 year from close of escrow |
|
Untreated wood posts |
2 years from close of escrow |
|
Untreated steel posts |
4 years from close of escrow |
|
Paint |
5 years from close of escrow |
|
Landscaping |
2 years from close of escrow |
|
Dryer ducts |
2 years from close of escrow |
|
Other |
Builder is required to warrant other components' useful
life for at least 1 year |
|
| -Written
contract statute of limitations |
| -Oral
contract statute of limitations |
| -Injury
to property statute of limitations |
Updated 5/31/2008 | |
