MustangGuy347
New member
First and foremost, I want to thank everyone that has commented. This discussion is bringing about other questions that I have and led to me doing some more research.
It's my understanding that the builder has the right to repair. My builder made repairs to my hardwood floor in July 2017. He was also making repairs in my home in other areas until January 2018, including failed tile flooring in multiple rooms of my home.
Quincy, to answer your question, I was gathering flooring quotes all along the way. However, I didn't want to pursue the builder in arbitration while he was still making repairs to my home as I didn't want to be left with half-completed repair work throughout my residence.
I didn't take possession of the home until December of 2015 when I signed off on the final draw. I thought that the implied warranty would begin when the house was completed and I signed off on the last draw; not when the contract was signed 9 months prior. It doesn’t make sense to me that the warranty would begin when the contract is signed as there is nothing to warranty while the home is being constructed.
From more reading that I have done, I have found the following:
§5536. Construction Projects (a) General Rule--except as provided in subsection (b), a civil action or proceeding brought against any person lawfully performing or furnishing the design, planning, supervision, or observation of construction, or construction of any improvement to real property must be commenced within 12 years after completion of construction of such improvement to recover damages for:
(1)Any deficiency in the design, planning, supervision or observation of construction or construction of the improvement.
(2)Injury to property, real or personal, arising out of any such deficiency.
(3)Injury to the person or for wrongful death arising out of any such deficiency.
(4)Contribution or indemnity for damages sustained on account of any injury mentioned in paragraph (2) or (3)
42 Pa.C.S.A. §5536(a) (emphasis added). It is important to note, the period to commence a claim is calculated not from the time of the defendant’s conduct necessarily, but rather from the completion of the construction of the improvement.
There are four (4) common statutes of limitation applicable to construction defect cases. First and most commonly, is the four (4) year limitation period for contract-related actions, including warranty claims, as most construction cases arise out of a contractual undertaking between two or more parties. 42 Pa.C.S. §5525. This statute of limitation also applies to claims for implied warranty of reasonable workmanship, quasi-contract, and quantum meruit.
Second, a two (2) year limitation applies to any action based upon “negligent, intentional or otherwise tortious conduct,” including deceit or fraud. 42 Pa.C.S. §5524. In addition to the garden variety action for negligent construction, this limitation period governs an action by a contractor for negligent misrepresentation against a design professional for errors or omissions in a project design. Section 552 of the Restatement (Second) of Torts; Bilt-Rite Contractors, Inc. v. The Architectural Studio, 866 A.2d 270 (Pa. 2005).
Third, there is a six (6) year statute of limitation that applies to actions not specifically addressed by any other limitation period. 42 Pa.C.S. §5527. The most common claim is for violations of Pennsylvania’s Unfair Trade Practice and Consumer Protection Law are commonly asserted in construction defect cases based upon deceptive conduct or misrepresentations relative to the work to be performed or the quality of the work
I have also read that the “discovery rule” provides that the statute of limitations does not start until a defect or event giving rise to the right to bring a lawsuit is discovered or reasonably should have been discovered.
I am within the 12-year Statute of Repose so I believe that there are no problem there.
I was not informed of the findings of the first flooring inspection report until May 2016. This was within one year of taking possession of the home and within the 4-year implied warranty period. My builder was also aware of the report findings by this time as well.
It could be argued that this was the first time that I was aware of an event giving rise to the right to bring a lawsuit. Wouldn't my statute of limitations for Breach of Contract (4 years) and Breach of Warranty (4 years) begin at that moment in time? If so then my filing for arbitration was within both of those statute of limitations, correct?
It’s also my understating that the statute of limitations can be tolled if in a breach of warranty claim that the builder represents that he will repair the defect, repairs are attempted, and the other party relies on those repairs. In my case repairs were made in July of 2016.
Once again, I appreciate all comments and suggestions. As I stated before, my attorney does not have much experience in handling matters such as this. Therefore, I am trying to educate myself the best that I can and pass any info along to my attorney for him to research further.
