A construction defect can occur during any phase of a project, even years after a project is concluded. If your construction firm has been accused of a construction defect, consult a Chicago construction defect attorney. At Cotney Construction Law, we are highly experienced in defending clients accused of causing a construction defect on residential, commercial, and government projects.
Construction Statute of Limitations and Repose in Illinois
The statute of limitations and statute of repose were established by Illinois lawmakers to help protect architects, contractors, subcontractors, and other construction professionals from being subjected to an endless timetable of liability related to construction defect claims. Construction defect cases have two parameters to determine if the claimant’s case qualifies:
- The “statute of limitations” is the time period in which a claimant can file a lawsuit after “reasonable” discovery of the defect. In Illinois, this is a timetable of four years.
- The “statute of repose” also has a required time period to file a lawsuit. In Illinois, the statute of repose is within ten years from the completion of construction.
To learn more about each of these statutes, consult a Chicago construction defect lawyer.
Legal Issues That Require a Chicago Construction Defect Lawyer
Construction defect cases often involve a variety of complicated topics related to architectural, scientific, engineering, and technical issues. For effective defense against construction defect allegations, construction firms require legal counsel with an intimate understanding of every phase of a construction project. More importantly, a Chicago construction defect lawyer who can clearly present your construction defense case in a way that can be understood by a judge or jury that is unfamiliar with the intricacies of construction.
Construction defect cases are common in every phase of a project, including:
- Land Acquisition: Project oversights during the acquisition phase can lead to a defect claim, including improper soil analysis, faulty drainage, or environmental issues.
- Design: A defective design can create a variety of issues for a project, including structural failure or the need for significant alterations midway through a project.
- Construction Negligence: there are several ways a contractor or subcontractor can be accused of construction negligence, including performing subpar work or using cheaper materials to complete the work.
- Electrical and Piping Claims: Electrical, heating, or piping issues can lead to a myriad of defect claims related to water seepage, fire damage, mold or dry rot, or failure of electrical systems.
- Foundation Problems: Foundational issues for residential or commercial projects, including when the foundation, walls, roof, or floor of a structure begins to show signs of cracking, can lead to a construction defect case.
- Civil Engineering: Construction defect claims go beyond residences and buildings and can involve the design, construction, and repair of roadways, bridges, canals, pipelines, railways and other types of construction projects.
At Cotney Construction Law, our attorneys are extremely knowledgeable in construction law and understand the intricacies of construction defect cases. We have successfully represented clients in both federal and state hearings, and our attorneys are also highly experienced in alternative dispute resolution (ADR) proceedings like arbitration and mediation. To learn more about our comprehensive construction law services, consult an attorney at Cotney Construction Law.
If you would like to speak with a Chicago construction defect attorney, please contact us today.
Disclaimer: The information contained in this article is for general educational information only. This information does not constitute legal advice, is not intended to constitute legal advice, nor should it be relied upon as legal advice for your specific factual pattern or situation.