Regular readers of our Mid-Atlantic Civil Litigation Defense Firm blog know that in a recent post we described one of the most effective defenses available in construction defect litigation. Quite simply, it is to make clear to the court that the other party does not have the legal right to sue.
In this second part of that post, we’re going to take a quick look at other construction defect defenses that can be just as effective.
We have in the past looked at one of the most important defenses in construction defect cases, but this one is worth another mention: the statutes of limitations.
In order for someone to allege that construction defects exist in Maryland, Washington D.C. or Virginia, they must meet certain hard deadlines for filing their legal claims. In Maryland and Washington D.C., the claim must be filed within three years of when the alleged defect was discovered (or reasonably should have been discovered). In Virginia, the limit is five years. Fail to meet that hard deadline and the construction defect claim will itself be deemed defective by the court.
When a general contractor faces a construction defect claim, the first step is to have an experienced attorney analyze whether or not the property owner has any legal right to sue (as discussed in our previous post). This can be an effective way to end a dispute or to narrow it.
A construction defect defense lawyer will also examine whether the Maryland, Washington D.C. or Virginia statute of limitations has lapsed. These are complex matters, so the sooner you bring the matter to an attorney experienced in construction law litigation, the sooner the dispute can be resolved. Should you have any questions on construction litigation topics, please contact us using the email or telephone contacts found on our website at www.macdonaldlawgroup.com.