Legal Question in Construction Law in Utah
Statute of Limitations
In 1988 the builder of my house hooked up the sewer line to the storm drain by mistake. The problem was found by the city only this year. Is the builder protected by the statue of limitations?
1 Answer from Attorneys
Re: Statute of Limitations
That is probably a question for a judge to decide. In some cases the statute of limitations does not begin to run until when a defect is discovered or should have been discovered. It may take a lawsuit to decide when the defect should have been discovered.
In your case the general statute is 6 years, but there is a two year window from the time of discovery or when discovery should have occurred.
I suggest that you contact the builder, if possible, to see if the builder will correct the defect. If not, get a bid and file suit.
You are welcome to call if you want to discuss this further.
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