Class Action Lawsuit Against Homebuilder
I purchased a home from a development company that was building a new suburban community in my area. I’ve enjoyed the home, especially the wraparound deck. This summer I noticed that the wood on the deck floors appeared to be buckling. Can I sue my developer for his faulty construction of the deck ten years ago?
Based on these facts, you would most likely want to try to sue your developer for breach of contract. The lawsuit would allege, through expert witnesses with a specialty in engineering, that the developer used shoddy materials and/or constructed the deck improperly.
As a potential plaintiff in this litigation, there are two additional things to consider:
Statute of Limitations
A statute of limitations limits the amount of time during which someone may file suit (it differs from state to state), based on the basis of the legal claim and when the problem occurred or was discovered. In construction law, however, there is something called a latent defect. This is a construction defect that you could not have reasonably known about during the statutory period.
Statute of Repose
A statute of repose acts as an absolute block on claims for construction defects beyond a certain number of years. These periods cannot be elongated by the discovery rule, if you find a latent defect. The total of years depends on the state,
If the construction occurred ten years ago and your state’s statute of repose limits damage to eight years, you would likely be precluded from suing your developer. When your state’s statute of repose is 12 years and your state’s statute of limitations is eight years, you may be able to argue for an elongated period under the discovery rule.
Craig Cherney is a trusted client advisor and a sought after real estate lawyer and expert witness who is hired by the nation’s top Real Estate Litigation Attorneys to help resolve their litigated real property matters. Craig has appeared as a testifying expert witness before judges and juries in California, Arizona, Nevada and other jurisdictions across the country. Craig Cherney, Esq. Expert Witness Real Estate. 480-399-2342. If you are litigating an easement case, Craig Cherney might be able to help you advance and win your case.