An owner who has suffered damages as a result of defects in the design or construction of its building generally has two classes of defendants it can pursue: the architect (or engineer) that was responsible for the design and may have been responsible for overseeing construction and certifying payments to the contractor, and the contractor or construction manager that was responsible for the physical construction. Although the owner’s damages may stem from a single condition or defect, there are different statutes of limitation that apply to the different classes of defendants and the claims against each may accrue at different times.
In this article, we will discuss the respective statutes of limitations that apply to claims relating to construction and design defects, as well as the factors that determine when the statutes begin to run.
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