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.
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.