Construction Defect Laws by State
By FindLaw Staff | Legally reviewed by Robert Rafii, Esq. | Last reviewed May 02, 2024
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Embarking on a real estate construction project is no small feat. While the end product can often be even better than what you envisioned, construction projects are notorious for their delays, unexpected obstacles, and even defects in the final product. From poor workmanship to building code violations, construction projects can be rife with problems. If you've run into issues with your new construction project, it's important to become familiar with the construction defect laws that apply to your particular situation.
Time Limits in Construction Defect Law
State laws govern the process of resolving disputes between property owners and the professionals responsible for the work, including:
- Architects
- Design professionals
- General contractors
- Subcontractors
Plaintiffs’ claims against these individuals can be based on many different types of liability theories. These include strict liability, breach of contract, tort claims, and breach of warranty. The type of construction defect case you bring will often determine the amount of time you have to file a lawsuit. This is a deadline known as the statute of limitations. A typical statute of limitations says that you have a certain number of years to file a lawsuit after you discover, or should have discovered, the defect.
There are further limits on how long construction professionals can be held liable for defects. States also have outer limits that prevent you from filing a lawsuit after a certain number of years, even if you haven't discovered the defect yet. This is called the statute of repose. For example, the statute of limitations might give you four years to file a claim after you discover the defect. But if your state's statute of repose is seven years from the time the construction is completed, and you don't discover the defect until the fifth year, you only have two years to file your claim.
Construction Law and the 'Right to Cure'
In addition to the often-confusing time limits that apply in construction defect law, some states also have 'right to cure' statutes. These laws say that before filing a lawsuit (pre-litigation), a project owner must first notify the construction professional of the alleged defects. This will allow them the opportunity to repair the defect or pay you for the reasonable cost of repair. This process varies from state to state. One of the key differences is the amount of time you have to wait after notifying the professional (notice of claim) before you can proceed with construction defect litigation.
The table below lists the key statutes of limitations, statutes of repose, and right-to-cure laws for each of the states. It's best to consult a construction defect law attorney since there many exceptions that could apply to your case.
|
Statute of Limitations |
Statute of Repose |
Right to Cure |
State Statutes |
|---|---|---|---|---|
Alabama |
2 years from discovery |
7 years after substantial completion |
No |
|
Alaska |
|
10 years after substantial completion |
Yes: Notify professional within 1 year of discovery and at least 90 days before filing lawsuit. |
|
Arizona |
|
8 years (9 years for defects discovered in 8th year) |
Yes: Notify professional before filing suit and give opportunity to inspect and repair |
|
Arkansas |
|
4 years after substantial completion (5 years for property damage) |
No |
|
California |
|
4 years after substantial completion 10 years for latent defects |
Yes: Notify professional before filing suit and give opportunity to inspect and repair |
|
Colorado |
|
6 years (with a 2-year extension if defect discovered in 5th or 6th year) |
Yes: notify professional 75 days before filing action (90 days for commercial properties); allow inspection and offer of payment or repair |
|
Connecticut |
|
7 years (with 1 year extension if defect discovered in 7th year) |
No |
|
Delaware |
|
6 years (from earliest of various dates specified in the statute) |
No |
|
District of Columbia |
3 years for contracts and torts |
10 years after substantial completion |
No |
|
Florida |
4 years for construction defect claims |
10 years (from latest of various dates listed in statute) |
Yes: Notify professional 60 days before filing suit, and allow offer of payment or repair |
|
Georgia |
|
8 years (may be extended 2 years for injuries occurring in 7th or 8th year) |
No |
|
Hawaii |
|
10 years after date of completion, but 2 years after cause of action accrues |
Yes: Notify contractor at least 90 days before filing action, and allow inspection and offer to repair or pay. If unable to agree, parties must try mediation. |
|
Idaho |
|
Tort actions must be brought within 6 years after final completion of project |
Yes: Notify professional before filing lawsuit, and follow timeline in statute. |
|
Illinois |
4 years for construction defect based on contract or tort |
10 years (with 4-year extension for issues discovered within the 10 years) |
No |
|
Indiana |
|
10 years, or 12 years after submission of plans for design defect action; 2-year extension for injury occurring in 9th or 10th year |
Yes: Notify professional at least 60 days before filing action. |
|
Iowa |
|
15 years for tort and implied warranty claims |
No |
|
Kansas |
|
10 years for tort cases |
Yes: Notify contractor before filing lawsuit, and follow timeline in statute. Does not apply to claims for personal injury or death, or where defect makes dwelling uninhabitable. |
|
Kentucky |
|
7 years after substantial completion (may be extended to 8 years for injuries to person or property that occur in 7th year) |
Yes: Notify professional of construction defects before filing suit |
|
Louisiana |
|
5 years for contract, tort, or otherwise (may be extended to 6 for injuries in 5th year); 10 years for actions against contractors or architects |
No |
|
Maine |
|
Action must be brought 4 years from discovery of negligence, but no more than 10 years from substantial completion of construction contract |
No |
|
Maryland |
3 years for contracts and torts |
20 years for improvements to real property (from date improvement became available) No cause of action for claims against professional for injuries occurring more than 10 years after improvement |
No |
|
Massachusetts |
|
6 years after the earlier different dates listed in the statute |
No |
|
Michigan |
|
6 years after occupancy, use, or acceptance of improvement; 10 years for gross negligence claims
|
No |
|
Minnesota |
2 years from discovery of injury for contracts or torts |
10 years after substantial completion (may be extended up to 2 years for defect occurring in 9th or 10th year) |
No |
|
Mississippi |
3 years for contracts and torts |
6 years from written acceptance or actual occupancy or use, whichever is first |
No |
|
Missouri |
5 years for contracts and torts |
10 years from completion |
Yes: Notify contractor of defects and allow contractor to make an offer to remedy the claim before filing lawsuit |
|
Montana |
|
10 years from completion (with 1-year extension for injuries occurring in 10th year); does not apply to actions based on written contract |
Yes: For residential construction disputes, notify construction professional of defect and allow offer of remedy before filing lawsuit |
|
Nebraska |
|
10 years after the act giving rise to the cause of action |
No |
|
Nevada |
|
6 years after substantial completion |
Yes: Must notify professional of defects and allow inspection and opportunity to repair, and must submit claim under any homeowner's warranty before pursuing a lawsuit |
|
New Hampshire |
3 years for contracts and torts |
8 years from substantial completion for injuries to person or property, or for economic loss |
Yes: Notify contractor at least 60 days before filing action |
|
New Jersey |
|
10 years after performance or furnishing of services and construction |
No |
|
New Mexico |
|
10 years from substantial completion |
No |
|
New York |
|
No statute of repose |
No (but 90-day notice required for claims against certain professionals where the events giving rise to the cause of action occurred more than 10 years earlier) |
|
North Carolina |
3 years for contracts and torts |
6 years from later of substantial completion or last act or omission giving rise to cause of action |
No |
|
North Dakota |
6 years for contracts and torts |
10 years after substantial completion (may be extended to 12 years for injuries occurring in 10th year) |
No |
|
Ohio |
|
10 years from substantial completion (with 2-year extension for defects discovered less than 2 years before 10-year deadline) |
Yes: For residential buildings and contractors, must notify contractor of defects at least 60 days before filing action |
|
Oklahoma |
|
10 years after substantial completion |
No |
|
Oregon |
|
10 years after substantial completion (6 years for certain large commercial structures) |
Yes: For residential construction defects, must notify professional before filing lawsuit or compelling arbitration, and must allow for inspection and an offer to remedy |
|
Pennsylvania |
|
12 years after completion (may be extended to 14 years for injuries occurring between 10th and 12th years) |
No |
|
Rhode Island |
|
10 years after substantial completion for tort actions |
No |
§9-1-13; 9-1-17; 9-1-14; 9-1-29
|
South Carolina |
|
8 years after substantial completion |
Yes: Notify contractor at least 90 days before filing action and allow for inspection and offer to remedy defects |
§15-3-520, 530, & 640; 40-59-810 et seq. |
South Dakota |
|
10 years after substantial completion (may be extended to 11 years for injuries occurring during 10th year) |
Yes: For residential construction defects, must notify profession at least 30 days before commencing action |
|
Tennessee |
|
4 years after substantial completion (may be extended to 5 years for injuries occurring during 4th year) |
Yes: Notify professional before filing lawsuit, and allow for inspection and offer to remedy |
§28-3-109; 28-3-104; 28-3-105; 28-3-201 et seq.; 66-36-101 et seq. |
Texas |
|
10 years after substantial completion (may be extended 2 years for injuries occurring in 10th year) |
Yes: For residential construction defects, notify professional at least 60 days before filing lawsuit, and allow inspection and offer to remedy |
|
Utah |
|
6 years for contracts and warranty claims; 9 years for all others (may be extended for 2 years for causes of action discovered in 8th or 9th years) |
No |
|
Vermont |
|
Civil actions in general must be commenced within 6 years after cause of action accrues |
No |
|
Virginia |
|
5 years after performance or furnishing of services and construction |
No |
|
Washington |
|
6 years after later of substantial completion or termination of services |
Yes: Notify construction professional at least 45 days before filing action |
|
West Virginia |
|
10 years after performance or furnishing of services or construction |
Yes: Notify professional at least 90 days before filing action |
|
Wisconsin |
|
10 years after substantial completion (may be extended 3 years for damages sustained in 8th, 9th, or 10th years) |
Yes: Notify contractor of defects at least 90 days before filing action, and allow for inspection and offer to remedy defects |
|
Wyoming |
|
10 years from substantial completion (may be extended 1 year for injuries occurring in 9th year) |
No |
Get Help Navigating Your State's Construction Defect Laws
The statutes above give a general sense of the construction defect laws in each state. But there are many exceptions, requirements, and qualifications that may apply to your particular case. How state courts interpret laws can vary. The types of injuries a claimant suffered can affect the rules for how they may take legal action on their construction defect claim.
Of course, state laws are always changing to either strengthen protections for project owners or limit the liability of construction professionals. Learn more about the requirements in your state by getting legal advice from a local construction defect lawyer.
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