Reviewing Statute of Limitations and Statute of Repose in North and South Carolina
Construction defect claims are a highly complex area of the law, and the duration of risk associated with these laws differs from state to state. This can make things even more complicated for contractors that are licensed to work in neighboring states like North Carolina and South Carolina. In this brief article, we will discuss the statute of limitations and statute of repose for bringing forth construction litigation matters in both North Carolina and South Carolina.
If you have been accused of a building code violation, shoddy construction work, or using defective materials, your legal dispute requires the attention of a Greensboro construction defect lawyer. For accurate legal counsel, consult the construction attorneys at Cotney Attorneys & Consultants, a Greensboro construction law firm.
What is the Statute of Limitations in North and South Carolina?
In layman’s terms, the statute of limitations are the laws available to a person regarding the amount of time they have to file a lawsuit. Statute of limitations laws are governed differently in each state, and the duration of risk can differ depending on the construction dispute. For example, breach of contract claims and negligence claims are legally valid for up to three years in North Carolina. But if the breach of contract issue involves merchandise, the statute of limitations can be extended to four years in the Tarheel State.
Fortunately, one consistency in both Carolinas is that the statute of limitations are usually three years for most types of construction disputes, including construction defect cases. With that being said, the statute of limitations can be revised (lengthened or shortened) in contracts in some cases, so consult a Greensboro construction defect lawyer to review your contract.
What is the Statute of Repose in North and South Carolina?
As we covered above, most construction disputes in both Carolinas have a time period of up to three years to file a claim. For defect cases, this is typically the duration of time from when the defect was discovered to the time they filed the claim. With that being said, the timeline for statutes of repose are entirely different. Statutes of repose are triggered by the substantial completion of work (before an injury or discovery).
In North Carolina, an owner has up to six years from the substantial completion of work to file a lawsuit. South Carolina contractors should know that owners have up to eight years to bring forth construction litigation for a defect. This timeframe can also be extended to 10 years in cases that involve a defective design by an architect.
As construction defect cases involve a lot of elements, including what state you are located in, consult the construction attorneys at Cotney Attorneys & Consultants to learn more about the length of time you may be liable for a construction defect claim. Fortunately, several of our construction attorneys are licensed in both North and South Carolina, so we can provide you with accurate legal advice in either state.
If you would like to speak with a Greensboro construction law firm, please contact us today.
Disclaimer: The information contained in this article is for general educational information only. This information does not constitute legal advice, is not intended to constitute legal advice, nor should it be relied upon as legal advice for your specific factual pattern or situation.