Note: The DearEsq free 'ask a lawyer' site is offered as a free informational service to the public and is not intended as legal advice. Laws vary from state-to-state, and in addition every situation is unique, and relevant facts may not be known. The answer to the question posed below may not apply to in your state or to your situation. For legal advice in your state and your situation you should consult with an attorney in your state who is familiar with the rules and laws in your state.
“How long is a builder responsible for defects in the house he built? The house is six years old. The furnace and hot water heater vent underneath a deck, which causes moisture to be trapped underneath the deck in winter, causing ice build ups where it melts the snow above and then moisture and mold form on the interior walls under the insulation. The moisture also caused the boards of the mahogany deck to swell where water won’t drain from it.”The answer to this question depends on which state the property is in. Each state has various laws known as Statutes of Limitation, and, in some cases, Statutes of Repose. These laws tell you how long you have to bring a lawsuit of a given type, and also when the time period begins (that is, whether you start counting from when the building is built, from when you discover the defect, or some other time).
Question: Consult with a local attorney who specializes in construction defect litigation. He or she will be able to tell you quickly whether you are within the applicable time periods.
