Defect Statutes of Limitation
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DEFECT 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 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 ten (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.

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

ASSISTANCE: Associations needing legal assistance can contact us. To stay current with issues affecting community associations, subscribe to the Davis-Stirling Newsletter.

Adams Stirling PLC