We had a new roof installed & insulation added to attic (two separate contractors) attic 6 years ago. Our roof had to be replaced this year and roofers told us it was due to incorrect installation of insulation. We hired a home inspector and he also determined it was due to incorrect installation - basically the insulation contractor completely blocked the soffits with insulation and the attic had not airflow. We had the insulation contractor come back to take a look and he was adamant nothing was wrong. He told us we ruined the R value of the insulation when we were up there and had the gall to send us an estimate to fix it and add more insulation. I understand the statute of limitations for home repair is 4 years (?) but would the fact that we couldn't have known about this other than the affect to the roof which wasn't evident until year 6 have any bearing?
Statute of Limitations - discovery of home repair
- Thread Starter jkfogs
- Start date
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fredrikklaw
Moderator
It is 10 and caveat Mechanic's Lien!
You will be happy to know that the statute of limitations for bringing a home defect or construction defect action is actually 10 years and not 4 years, and the absolute beauty of it is that it runs with the property itself and survives change of title and ownership.
So (let's say) if you bought a house and found defects with work carried out by an unknown (to you) contractor for the previous owners over 5 years prior to your purchase of that house, you would actually have the right to move against that contractor even though you were not the ones who wrote the checks.
The Discovery Rule only applies to Medical Malpractice cases where (for example) a surgeon drops his wallet inside a patient's stomach during heart surgery, only for the patient to notice years later that he is coughing up $20 bills and pictures of some family vacationing on a beach.
You have time aplenty left to bring the contractor to his senses, and whatever you do, make sure you pay him in full for all the work done even though you dispute the workmanship. In other words, be very careful not to be saddled with a Mechanic's Lien which he is able to burden the title with as a contractor in case of non-payment of his fees.
Pay first, and dispute later.
fredrikklaw
You will be happy to know that the statute of limitations for bringing a home defect or construction defect action is actually 10 years and not 4 years, and the absolute beauty of it is that it runs with the property itself and survives change of title and ownership.
So (let's say) if you bought a house and found defects with work carried out by an unknown (to you) contractor for the previous owners over 5 years prior to your purchase of that house, you would actually have the right to move against that contractor even though you were not the ones who wrote the checks.
The Discovery Rule only applies to Medical Malpractice cases where (for example) a surgeon drops his wallet inside a patient's stomach during heart surgery, only for the patient to notice years later that he is coughing up $20 bills and pictures of some family vacationing on a beach.
You have time aplenty left to bring the contractor to his senses, and whatever you do, make sure you pay him in full for all the work done even though you dispute the workmanship. In other words, be very careful not to be saddled with a Mechanic's Lien which he is able to burden the title with as a contractor in case of non-payment of his fees.
Pay first, and dispute later.
fredrikklaw
- Status
