Thursday, December 27, 2007

Construction Defects and the Statute of Limitations

Have Changes in the Law Imperiled your Associations Right to Recover for Construction Defects?

It’s 1998. The plumbing in your association’s 5-year old condo project has started to leak. You hire a plumber who discovers that the plumbing lines are made out of imported galvanized pipe and it is corroding from within leaving pinhole leaks throughout. Further investigation reveals that this pipe was withdrawn from the market years ago because of this tendency to corrode and leak. It’s 2008. Same facts as above, except that the condominiums were built in 2003. Although your attorney files suit within a year after you discover these problems, this time the suit is dismissed by the court as being untimely filed. What happened? How can two identical suits, filed 10 years apart by two community associations succeed for one and completely fail for the other?

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