HOBB Community

  If been told repeatedly that since my home defect is STILL an ongoing event from the day it was discovered, years ago, the statute can't expire until it's actually fixed. I'm in VA. Anyone know any more about this aspect of criminal negligence? I want to file suit either way, even if I have to tell the judge my goal is to make new law in VA, and have the case moved...if possible. We did not sign arbitration. I know we're not a group of lawyers, so no definitive answers expected, just maybe ideas.

Ron,
Here in Houston the legal Bar Association sets aside 2 days a month where consumers can call in and ask questions such as you posed. You may want to check your local bar association.

Try this link to state's statutes of limitations: http://www.statutes-of-limitations.com/  It varies by state, but usually once a lawsuit is filed the statute of limitatations is "tolled" so it can't just run out due to one side's stall tactics.  Some states have a statute of repose which deals with when a defect was discovered.  I don't understand all the fine points as I was within all such deadlines in my own case so it never came up, and false claims by the other side that it had run out never came up either.

Just FYI for other readers, though I know you know it:  A lot of homeowners don't realize, but it's similar with "warranties."  As long as you have proof you notified a company of problems within the warranty deadline, and you do not let it lapse, it cannot just "run out" by way of the company ignoring you.  A lot of builders get away with this though, as enforcing any of it is another matter. 

Ron:

The statutory time is the time period within which a party to a contract is required to file an action, that time varies with the tolling of the statute, in California people have 4 years to file an action for a patent defect on a written contract, 2 years on an oral contract.  We also have a 10 year statutory time to file an action on a latent defect, of course the defect becomes patent once it is discovered, so if you are beyond the 4 year written contract statutory period and discover a defect, that period is extended 6 more years, of course once the latent defect has become patent the 4 year statute controls.  State laws differ on statutory periods, and statutory periods vary for contract, tort, criminal, administrative, and other claims.  Talk to an attorney licensed to practice in your state, this is vary complex, most attorneys only know the statutory periods in the areas they practice in, if an attorney blows a statute it is almost sure grounds for state bar discipline.

Thank you. Sure I can work something out to get justice one way or another! Been researching for years on how to do this in a way that is not self destruction, and I got it!