What is a latent construction defect?
What is a latent construction defect?
A latent defect exists at the time of construction but is undetected until after (sometimes years after) construction is completed and the structure and its systems are in use. An example would be a structural beam that meets the specified size, color and grade requirements, but is understrength.
What is the statute of repose in New York?
New York – While New York has no true statute of repose, courts require notice of an action to any party responsible for professional performance, such as architects and engineers, after 10 years have elapsed.
How can latent defects be prevented?
Most latent defects appear only during the occupancy stage and getting access into occupied buildings to acquire information on these defects can be difficult. Design deficiencies are major contributors to la- tent defects and such deficiencies can only be prevented by im- proving design (Low and Chong, 2004).
Is statute of repose procedural or substantive?
Therefore, the statute of repose provided in the General Statutes §52-577a is procedural in nature.
Is there a statute of repose for latent defects?
AGC supports establishing a six-year federal Statue of Repose for latent defect claims. Current law allows the federal government a never-ending claim against Federal construction contractors for any defects in construction completed.
Is there a statute of repose for federal construction?
Support A Statute of Repose for Federal Construction. Background: AGC supports establishing a six-year federal Statue of Repose for latent defect claims. Current law allows the federal government a never-ending claim against Federal construction contractors for any defects in construction completed.
When was the Statute of repose put in place?
There is Congressional Precedent for a Statute of Repose for Construction. A statute of repose for general aviation aircraft was enacted in 1994 because unlimited liability had put nearly every domestic aircraft manufacturer out of business.
What does Statute of repose mean for AGC?
AGC Message: A Statute of Repose Provides Finality in the Contractor’s Obligation Toward the Owner. It is Unreasonable to Allow the Government to Reopen A Contract in Perpetuity. Contractors Should Have No Liability for Inadequate Facility Maintenance. There is Congressional Precedent for a Statute of Repose for Construction.
AGC supports establishing a six-year federal Statue of Repose for latent defect claims. Current law allows the federal government a never-ending claim against Federal construction contractors for any defects in construction completed.
Is there Statute of repose for construction contractors?
Current law allows the federal government a never-ending claim against Federal construction contractors for any defects in construction completed. Over thirty states have statute of repose provisions restricting the liability of a contractor after a specified period of time.
There is Congressional Precedent for a Statute of Repose for Construction. A statute of repose for general aviation aircraft was enacted in 1994 because unlimited liability had put nearly every domestic aircraft manufacturer out of business.
AGC Message: A Statute of Repose Provides Finality in the Contractor’s Obligation Toward the Owner. It is Unreasonable to Allow the Government to Reopen A Contract in Perpetuity. Contractors Should Have No Liability for Inadequate Facility Maintenance. There is Congressional Precedent for a Statute of Repose for Construction.