Q&A. How long does an association have to bring a lawsuit for construction defect claims with original construction?

A: In most cases, the outer limit to bring a claim will be 10 years from the date of “substantial completion” of the project. “Substantial completion” can have a number of potential meanings under applicable statutes and case law. There are a number of potentially triggering dates related to construction events, recording of a notice of completion, or the date the developer relinquishes control over the association’s ability to decide whether to initiate a claim that may also be relevant in assessing whether an association is time-barred from filing a claim. Also, this 10-year period only represents an outer limit. There are many shorter statutes that may apply to particular types of construction defects and knowledge of a defect may also start a shorter time period to file a claim. Given the multitude of potentially applicable deadlines it is important to contact an attorney as soon as possible if you believe your association may have a claim for a construction defect. –