are signs that you may be experiencing mold growth or rot within the walls of the home due to the cladding not effectively draining water. Wall rot can cause condensation on the inside of walls as well. Of course, leaks are one of the most common issues arising from deficiencies in the exterior layers of a home.
Homeowners should not be responsible for addressing the builder’s deficient construction. Instead, many turn to litigation in order to secure the necessary repairs or the funds necessary to perform the repairs. Since damage caused by deficient cladding systems often take many years to manifest, homeowners need to pay particular attention to the statute of repose and the statute of limitations which can serve to bar a homeowner’s legal remedies.
A statute of repose imposes a time limit within which construction related claims can be brought against those parties lawfully performing or furnishing the design, planning, supervision or observation of the construction, or construction of any improvement to real property. In Pennsylvania, the statute of repose is twelve years, but an exception may apply to some cases extending the time limit an additional two years. New Jersey’s statute of repose is only ten years.
The statute of limitations differs from the statute of repose and provides separate protections for those involved in the home building process. While the statute of repose is applied from the time the construction is completed, the statute of limitations does not begin to run until the homeowner becomes aware, or by exercise of reasonable diligence should have become aware, of the defect. This concept is often referred to as the “discovery rule.”
The following hypothetical further illustrates the similarities and differences between the statute of repose and statute of limitations. If a Pennsylvania homeowner bought a finished house in 2005 and, despite her reasonable due diligence, only discovered the defects in 2020, the statute of limitations would not begin to run until the discovery in 2020. However, the homeowner’s claims would likely be barred under the statute of repose.
Given the foregoing, do not delay when you suspect problems with your cladding. Upon observing any such potential signs of cladding problems, contact a licensed design or building professional who can properly diagnose the suspected problems. You should also consider retaining legal counsel who can help guide you through this process.
ABOUT THE AUTHOR Nikolas D. Regalbuto is an associate attorney at Horn Williamson, where he shares his time between the firm’s construction defect and community association practice groups. He assists with all aspects of these practice groups, with an emphasis on dispute resolution. Contact him at
nregalbuto@hornwilliamson.com.
www.cai-padelval.org 27
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