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The New Coffee Room

  1. TNCR
  2. General Discussion
  3. Speaking of building construction

Speaking of building construction

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  • George KG Offline
    George KG Offline
    George K
    wrote on last edited by
    #1

    Our condo building has had some problems with the masonry work. There has been water infiltration to some of the units, leak from the roof, etc.

    Turns out that the masonry work that was done when the building went up in 2008 was improperly done. I don't know the details of what was wrong. However, according to architect's drawings, the required work was properly indicated, it was just not properly done by the sub-contractor.

    Because of these issues, we've had to have a lot of repair, remediation done on the exterior of the building - costing a couple of hundred thousand dollars.

    My question is about liability. The contractor who did the building spec'ed it out properly, it was the subcontractor who didn't follow the designs.

    The building is now 13 years old. Various owners have had ongoing issues for a while, but the cause was only discovered last year. Do we have any legal recourse against the subcontractor?

    Statute of limitations, etc....

    "Now look here, you Baltic gas passer... " - Mik, 6/14/08

    The saying, "Lite is just one damn thing after another," is a gross understatement. The damn things overlap.

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    • MikM Offline
      MikM Offline
      Mik
      wrote on last edited by
      #2

      https://statelaws.findlaw.com/illinois-law/illinois-civil-statute-of-limitations-laws.html

      “I am fond of pigs. Dogs look up to us. Cats look down on us. Pigs treat us as equals.” ~Winston S. Churchill

      George KG 1 Reply Last reply
      • MikM Mik

        https://statelaws.findlaw.com/illinois-law/illinois-civil-statute-of-limitations-laws.html

        George KG Offline
        George KG Offline
        George K
        wrote on last edited by
        #3

        @mik said in Speaking of building construction:

        https://statelaws.findlaw.com/illinois-law/illinois-civil-statute-of-limitations-laws.html

        Yeah, I saw that.

        The clock (for lack of a better word) typically starts running at the time an injury is suffered. But that's not always the case. It technically doesn't start until the "accrual of claims," which could be the point at which the injury (or its cause) is discovered. The so-called "discovery rule" allows a suit to be filed within a certain time after the injury is discovered or reasonably should have been discovered.

        So, the "injury" has been ongoing for a while, however, the cause of the injury was discovered only 2 years ago.

        "Now look here, you Baltic gas passer... " - Mik, 6/14/08

        The saying, "Lite is just one damn thing after another," is a gross understatement. The damn things overlap.

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