Homeowners usually have limited time to sue builder for defect

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Homeowners usually have limited time to sue builder for defect

On Behalf of | Jan 22, 2015 | Construction Litigation

Litigation related to construction defects can be expensive and time-consuming for Illinois builders. Every job could someday lead to an owner claiming that the company is responsible for a leaking roof, foundation problems and so on.

Lawmakers in another state are considering a bill that would set a time limit for how long this Sword of Damocles can hang over construction companies there. If the Colorado Legislature passes the bill, the statute of limitations would be cut in half.

State law in Colorado currently gives homeowners six years after a project is completed to take legal action against a builder or contractor for a defect allegedly caused by their negligence. The bill would shorten that time limit to three years.

Homeowners can currently get a two-year extension on the statute of limitations if the defect is discovered in the second or third year after construction is complete. The bill would shorten the possible extension to one year.

Condominium construction appears to be the major driver behind this bill. Its author said that many smaller builders have stopped doing business in Colorado, and new condo projects have slowed as a result. The lawmaker believes that liability for potential defects has made it too expensive to build condos in that state. Other bills to protect developers are expected, according to an article about the subject.

This bill cannot affect Illinois law, of course. But it is interesting to see how lawmakers in other states are attempting to make it easier for construction firms to do their work.

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