Having a brand-new home built for your family is a dream shared by many in Illinois. Unfortunately, the presence of construction defects can turn this dream into a nightmare. Even when you choose a reputable contractor, construction defects can still affect your new home.
The law is on your side when preventable defects arise, but you only have a certain amount of time to seek a legal remedy for construction defects. All states have laws governing how much time a property owner has to pursue litigation. Let’s look at these time limits for the state of Illinois
Statutes of limitations
The term “statute of limitations” refers to the period during which you may take legal action after discovering a construction defect.
Contract-based errors. For defects based on violations of the construction contract, you must act within four years. Say that your contract details a specific layout for your kitchen. However, the contractor builds the kitchen contrary to the agreed-upon design. In this example, you may qualify to pursue litigation against the contractor for violating the contract, even though it may not be an actual defect.
Statute of repose. Some construction defects are not obvious or do not appear right away. For example, a flaw in the home’s foundation may allow water to intrude into your home almost imperceptibly. Over time, water intrusion can cause significant structural damage that may take years to appear.
Illinois homeowners have ten years to seek a remedy for a defect that does not appear right away. However, you may qualify for a four-year extension if defects are within the 10-year statute of repose.
If you are having a home built, you can protect yourself further by learning more about Illinois construction defect laws.