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 advice on how best to proceed.
PATENT DEFECTS. These are obvious defects which are discoverable by reasonable inspection by the average consumer. Creekridge v. Whitten.
LATENT DEFECTS.
Latent defects are deficiencies which are not apparent by reasonable inspection. Creekridge v. Whitten.
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
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Item
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Definition
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Statute of Limitations
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Patent defects
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Obvious defects which are apparent by reasonable inspection.
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4 years from substantial completion
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Latent defects |
Deficiencies which are not apparent by reasonable inspection.
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Negligence: 3 years after reasonable discovery
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Breach of warranty: 4 years after reasonable discovery
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Residences Sold After January 1, 2003
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Item
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Statute of Limitations
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Plumbing and sewer lines
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4 years from close of escrow
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Electrical systems
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4 years from close of escrow
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Hardscape
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4 years from close of escrow
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Noise
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1 year from close of escrow
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Untreated wood posts
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2 years from close of escrow
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Untreated steel posts
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4 years from close of escrow
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Paint
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5 years from close of escrow
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Landscaping
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2 years from close of escrow
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Dryer ducts
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2 years from close of escrow
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Other
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Builder is required to warrant other components' useful life for at least 1 year
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| -Written contract statute of limitations |
| -Oral contract statute of limitations |
| -Injury to property statute of limitations |
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DISCLAIMER: Boards should NOT rely on the above information when making decisions involving construction defects. Boards should seek legal advice from a law firm that specializes in defect litigation.