Time Limitations of Construction Defect Actions

Many contractors incorrectly believe that the statutory warranty is the only time limit a homeowner has to bring an action for a construction defect claim. That misconception is due to the following disclosure and warranty requirements found in Montana law:

The sale of a newly constructed residence that has not been previously occupied and where the seller is the builder or a developer who has built or had the residence built for the purpose of resale must provide an express warranty that is valid for at least 1 year from the date of the sale of the residence.

But, the time limitation (statute of limitations) for a construction defect resulting from or arising out of the design, planning, supervision, inspection, construction, or observation of construction of any improvement to real property may not be commenced more than 10 years after completion of the improvement or land surveying.

That means the homeowner can serve a written notice of a construction defect claim on the construction professional within 10 years of the completion of the construction project, regardless of the warranty period.

Statutes of limitations are a serious legal issue that bars a claimant from bringing suit if they file/serve a claim too late.

An experienced law firm with a knowledgeable technical team is critical to make it right. Call us today for a free consultation.

All information displayed on the Kris A. McLean Law Firm, PLLC website is informational and shall not be deemed as legal advice.

Construction Defects - Residential

You trusted a contractor to build your dream home. Or you hired a contractor to remodel your basement and put in a new bathroom to make a fun entertainment space. The contractor was friendly and seemed knowledgeable. It was expensive as costs rose to make your home special. The contractor demanded final payment and stopped answering your calls and emails. You are unhappy with the work and begin to see issues with the craftsmanship. You notice cracks, shifts, drafts, inadequate water pressure, the furnace is not heating your home well, you have water intrusion, and potential mold. The same may also occur to homeowners who bought a home that was completed in the past 10 years.  

This story is all too familiar with the boom in the construction industry in Missoula, Bozeman, Kalispell, and the surrounding communities. Many construction professionals are charging a lot of money for unacceptable work and then filing liens against homeowners for non-payment.

Fortunately, Montana law provides homeowners with strong remedies against contractors for construction defect claims that allow homeowners to recover the following damages proximately caused by a construction defect:

1. the reasonable cost of repairs necessary to cure any construction defect, including any reasonable and necessary engineering or consulting fees required to evaluate and cure the construction defect, that the contractor is responsible for repairing;

2.  the reasonably necessary expenses of temporary housing during the repair period;

3.  the reduction in market value, if any, to the extent the reduction is due to a construction defect; and

4.  reasonable costs and attorney fees.

The technical requirements to recover these damages are complex and fact-intensive. An experienced law firm with a knowledgeable technical team is critical to make it right. Call us today for a free consultation.

All information displayed on the Kris A. McLean Law Firm, PLLC website is informational and shall not be deemed as legal advice.