For attorneys representing clients in complex construction cases, it is not unusual for claims to be asserted for bodily injury or property damage in connection with building construction completed years earlier. Claimants can assert that concealed construction deficiencies or latent design defects caused a condition that led to an injury to a person or to property. For example, suits brought on behalf of homeowners’ associations against developers, designers and contractors can allege significant damages resulting from conditions claimed to have been concealed or dormant for many years. One of the first questions faced by an attorney handling a complex construction case involving multiple parties, multiple experts and thousands of documents, is whether or not the statute of limitations defense can be used by a particular defendant. This article will focus upon the basic statute of limitation time frame, and will also address how the statute of repose and the discovery rule can extend or limit the statute of limitations time frame.
Statute of Limitations
The New Jersey statute sets forth, in pertinent part, the following:
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