Page 14 - AASBO The EDGE Summer 2022

There Can Be More Damage Than Meets the Eye
CONTINUED FROM PAGE 12

spalling off smaller layers of concrete. Eventually a • Negligence – 2 years
repair is necessary. • Breach of Contract – 6 years
• Statute of Repose – 8 Years from substantial
Here’s what you should do if you suspect the issues completion
are the result of improper construction? The deadline
to bring a claim for faulty construction is limited It is important to have an outside forensic expert
by statutes of limitations which depend on the type investigate the issues prior to these important
of claim. Many school districts receive an express deadlines. Most construction defect law firms
warranty in their construction contract which is will provide this initial investigation at no cost to
usually limited to one or two years. However, there the district, and if ultimately hired will prosecute
may be longer time frames in which to hold the claims on a contingency basis with no out-of-
builder accountable for faulty construction. pocket cost to the district.

The statute of limitations typically begins to Ritchie Lipson, Director of Client Relations, Kasdan Turner
run from the discovery of the defect. Arizona Thomson Booth LLP, can be reached at: (866) 578-3328 x 317
or rlipson@kasdancdlaw.com
also provides an outside deadline date based on
substantial completion called the statute of repose:

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14 THE EDGE SUMMER 2022