Statute of Limitations on a Construction Defect

The statute of limitations is an established rule of law that precludes the filing of a lawsuit, including an action relating to construction defects, after a specified period has elapsed from the date on which a plaintiff's damages were sustained.

Established by Each State

Each state establishes its own statute of limitations period for each distinct cause of action, e.g., breach of contract, fraud or negligence, which includes lawsuits for defects in the design or building phase of construction projects.

Negligence Actions

Since a civil action for damages resulting from a construction defect would be construed as a negligence action, the applicable statute of limitations period would be that established for negligence lawsuits in the jurisdiction in which the action would be filed.

Affirmative Defense

The statute of limitations is an affirmative defense that must be raised by a defendant named in a construction defect lawsuit. If a defendant does not properly raise the defense after the action has been filed in court, it is waived.

Effects

A civil action that is filed outside the permissible statute of limitations period is said to be time-barred. If a court dismisses a lawsuit relating to a construction defect for failure to comply with the statute of limitations, a plaintiff has no further legal recourse against the defendant.

References

• West's Encyclopedia of American Law, edition 2: Statute of Limitaions
• Your Lawyer: Statute of Limitations