Ten years, two years and four years. Maybe.
Construction defects have to be timely asserted against the builder or general contractor. The Statute of Limitations determines the amount of time.
For a Deceptive Trade Practice action, the lawsuit must be filed within two years. The time doesn’t start running, however, until the defect is discovered.
For a breach of contract action, the lawsuit must be filed within 4 years. There is a “discovery” exception to the limitations period for this cause of action, too.
However, the outside limit is ten years, regardless of when the discovery of the defect was made. This is called the Statute of Repose, and the ten years begins to run upon substantial completion of the project.
As you might have guessed, the law as applied to specific facts is considerably more complex than described above. If you have discovered a construction defect, contact an attorney immediately to determine your rights.
Hammerle Finley Law Firm. Give us a call. We can help.