How much time do I have to file a construction defect lawsuit?

| Nov 20, 2019 | Firm News |

Commercial construction projects in Ohio may require you to sign a contract stipulating how much time a building or its materials, foundation and structure are under warranty. Generally, if a contract’s provision specifies how long a warranty stays in effect, a court may uphold it. Under the Buckeye State’s statute of repose, however, you have 10 years to file a legal action alleging construction defects, as noted by the state government website. The 10 years starts running upon completion of the project, and a contract does not replace the statute.

Under the statute of repose, you may file a claim for all injuries, damages and deaths that occurred on the premises of an unsafe or defective property. Elements of a defective property may include negligent or careless construction, poor-quality building materials and improper preparation of the soil. Other types of evidence that you may find to support your claim that a property is defective are obvious problems with the electricity, plumbing or mold.

If a structure does not have noticeable issues its owner may not realize at first that the construction was defective. When a property begins to seem problematic later, you might require a trained professional to investigate hidden issues. Saving documents and receipts of any investigations or repairs may help when filing your claim.

Your lawsuit may name the developer, engineer and supervisor or any company involved in the planning, design and construction of a project. Your claim may also include allegations for a breach of contract if the completed structure does not meet the standards you agreed upon.

The information provided is for educational purposes only and not intended as legal advice.