LEGAL
EASE
LEGAL EASE
Follow are four things you should know
about managing a defective building:
No. 1 – Timing is everything
One of the frst steps a party should take if
it discovers or receives notice of a defect
is to determine whether, from a timing
perspective, the law still allows claims to
be made against responsible parties. Every
state has laws that limit the time parties
have to make claims to enforce their rights
or seek recovery after they have been dam-
aged (known as a "statute of limitations").
M
any buildings, at one point or another, experience
leaks or the effects of other design and construc-
tion errors. While no two defect claims are identi-
cal, parties can make strategic decisions to limit the likelihood
of a successful claim against them, and can use those same
considerations to successfully assert claims against those par-
ties responsible for building defects.
Managing
a
defective
building
Four things every construction
executive should know
By Deborah Cazan & Breana Ware
130 COMMERCIAL CONSTRUCTION & RENOVATION — MAY : JUNE 2016