Warranties & Construction Defects

Your legal exposure doesn't end at final payment — it can run for years.

Warranties

• Express warranty — what your contract promises (often a 1-year workmanship warranty).
• Implied warranties — created by law even if unwritten: of workmanlike performance and (for builders/sellers) habitability.
• Manufacturer warranties pass through on products you install.

Defect liability & the clock

• Statute of limitations — time to sue starts when a defect is/should be discovered.
• Statute of repose — an absolute cutoff (often 6–10+ years after completion) after which claims are barred, even undiscovered ones.
• Latent vs. patent defects — hidden vs. obvious; hidden defects extend exposure.

Reduce risk

Build to code and spec, document approvals and inspections, keep as-builts and closeout records, respond to warranty calls promptly, and require the same warranty flow-down from your subs.

Takeaway: You're on the hook for express and implied warranties and for defects until the statute of repose runs (often 6–10+ years) — build to spec, document everything, and flow warranties down to subs.

Educational overview — not legal advice. Construction law varies by state and by contract; consult a licensed construction attorney for your situation.