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What is a defects liability period in construction?

On Behalf of | Jun 14, 2021 | Construction Law |

If you have a past client approach you with a construction-related issue they believe was caused by your company, one of the things you should look at is your initial contract and how long it has been since the project was completed.

The defects liability period may influence the steps you take to resolve any complaints. For example, a typical defects liability period is controlled by the statute of limitations and is four years for contracts and two years for torts.

Should contractors have an opportunity to repair damages if they wish?

Most of the time, homeowners or business owners would be happy to have an issue with their property resolved. If they don’t have to go to court, that will save them time and money, so most are happy if a contractor is willing to take a look at the damage and repair it if there is a true defect.

For cases involving residential construction defects, the professionals involved in the case have to be notified at least 60 days before the resident files a lawsuit, according to Texas law. This gives you, as a professional, time to inspect the property and offer a remedy if you believe there is one to be had.

What should you do if the property owner is suing but you believe the statute of limitations has passed?

Whenever you get a notice that someone is suing you, it’s a good idea to focus on resolving the issue. Initially, you’ll have time to have an inspection of the property and to decide if there is damage that you could be liable for. You will also want to find out if the statute of limitations for construction litigation has passed. If it has and the owner of the property has no recourse, you may want to offer a solution that they can pay for, such as providing a service to make repairs. For your own business’s reputation, opting to do something to help may be more beneficial than allowing litigation to move forward, but if the case has passed its time limit, you may not have to worry about it. This is something to find out more about before you decide how you want to resolve the conflict.

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