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Construction defect lawsuits and time limits

On Behalf of | Feb 14, 2021 | Firm News

Whether you work as an architect, interior designer or engineer, you must consider various legal issues related to your field,  especially when it comes to defects. Many architects and engineers end up in court over allegations of construction defects, especially those that result in an injury, death or significant property damage. You need to review such a case from multiple angles, including the time limitations in place with respect to legal action. 

If you have found yourself in the middle of a contentious dispute or lawsuit, focus on your rights and go over the unique details of your case. 

Construction defects and time limitations

Sometimes, architects and engineers find themselves in court due to defects. According to the Texas Constitution and Statutes’ website, those seeking to file a claim against an architect or engineer as a result of construction defects that resulted in serious injuries, death or property damage need to to file suit within 10 years of the completion of the project. Moreover, if someone files such a suit within 10 years, the court applies a two-year extension to the period. 

Preparing for a construction defect case

In the event that legal action surfaces within the 10-year period after completing work, understand what is at stake (such as your reputation and the financial consequences of the case). Pore over the individual aspects of the claim and make sure that you have a solid understanding of your approach to the case. Sometimes, people avoid litigation by discussing these matters with the other party, but in other instances, litigation is unavoidable.