When you discover issues with your newly constructed home or building, do not worry about how you can address these problems. There are legal avenues to pursue damages. Construction defects can be minor cosmetic issues, building up to serious structural problems that affect your property’s safety and value. Knowing your rights and the time limits for legal action can help protect your investment and hold responsible parties accountable.
How long do I have to file a lawsuit for construction defects?
You have six years to file a lawsuit related to construction defects in New Jersey. If you fail to file a suit during this period, the lawsuit will likely be unsuccessful. Key points to consider include:
- The clock typically starts when you take possession of the property, complete the construction work, and receive the certificate of occupancy
- You can sue the following when the finished job does not meet your agreed expectations: your contractor, subcontractor, or other construction professional
- The New Jersey statutes specifies the six-year period for filing
You should also be aware that the discovery rule can impact when you file a lawsuit. The onset of the statute of limitations begins when you discover a construction defect, as opposed to when the builders completed the work. For instance, you may not become aware of a hidden leak until you start living in the house.
What if the damage is not easily seen?
New Jersey’s discovery rule and statute of repose are important to know when you can file a lawsuit. The statute of repose lasts 10 years. That means you have only 10 years to pursue litigation, regardless of when you discovered the defect. As you consider your options, you need to understand the nuances of these statutes so you can take the right steps to address your construction defect issue.
Moving forward with your construction defect claim
You now better understand the statute of limitations and how it applies to your situation. As you move forward, carefully evaluating your options and considering the complexities of construction law will be crucial in achieving a successful outcome. Seeking guidance from someone familiar with construction laws and statutescan help you make informed decisions about your claim.
