Contractors take pride in building structures that will stand the test of time, but unfortunately, issues may arise after the completion of a project. If the owner of a building that you have worked on finds a deficiency in the building’s design, materials, or workmanship, they can file a defect claim against you. You will need the assistance of a skilled Portland construction defect lawyer to ensure that your case is handled as efficiently and cost-effectively as possible.
Let a Portland Construction Defect Attorney Represent You
Defect claims occur in all types of structures including residential homes, commercial buildings, industrial buildings, and more. Defects can be patent (obvious problems) or latent (hidden problems). Common defects include:
- Negligent design
- Structural defects
- Defective materials
- Faulty drainage
- Substandard workmanship
- Moisture and mold issues
- Defective installation
- Plumbing or electrical
Time Limits for Filing Claims
Statutes set time limits on a claimant’s right to file a lawsuit for damages. Under Oregon’s statute of limitations, negligent construction claims are governed by a two-year limitation from the time a plaintiff discovers (or should have discovered) damage from the defect. Under the statute of repose, defect claims are barred 10 years after substantial completion.
The nuances of both statutes are not always as cut-and-dried as described, and they often cause confusion for most. Since claims vary in complexity, it is paramount that you consult a Portland construction defect attorney to analyze the specifics of your claim.
Strict Notices Required
There are strict limits for filing defect complaints. By law, an owner has to send the contractor, subcontractor, or supplier a notice of defect before they can legitimately bring a construction defect court action against you. Plaintiffs must do the following:
- Present to you, in writing, a notice containing the defective conditions.
- Give you (or your agent), the right to visually inspect the alleged defective condition(s) along with any necessary and reasonable testing.
- Provide you (or your agent) the opportunity to make an offer to repair or pay for the defects.
Trust Cotney Construction Law for Defect Disputes
Quick discovery and resolution are key to resolving defect claims. If after attempting to work out any disagreements with your customer you cannot resolve your issues, seek the assistance of a Portland construction defect lawyer to resolve your dispute.
At Cotney Construction Law, we represent contractors, subcontractors, and other construction professionals in all aspects of construction litigation. We have represented our clients in a variety of cases involving structural damage, mold, dust, and water intrusion.
If you are in need of a professional construction law firm, please submit our contact request form for more information.
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.