How Long Do I Have to File a Construction Lawsuit in New Jersey?

Discovering that a construction project has gone wrong can be overwhelming, and many people do not realize how quickly the clock begins to run once a defect appears. Some individuals hope the problem will resolve itself or that the contractor will step in and fix it, yet delays often make the situation harder. Others are simply unsure about their legal rights, which can cause them to wait longer than they should. Continue reading and reach out to the knowledgeable construction litigation lawyers in Sussex County here at Gruber, Colabella, Thompson, Hiben & Montella to learn about how long you’ll have to file a construction lawsuit in New Jersey and how we can help you through the process. Here are some of the questions you may have:

When Does the Statute of Limitations Begin?

New Jersey applies specific deadlines to construction defect claims, and the timeline often depends on when the issue was discovered. People are sometimes surprised by how complicated this can feel, especially because defects do not always appear right away. Courts look to something known as the discovery rule, which recognizes that a homeowner or property owner may not immediately realize that poor workmanship or a dangerous condition exists. Some of the most important points are as follows:

• When the defect was first noticed.
• Whether the property owner reasonably should have discovered the problem sooner.
• The type of construction issue and how quickly it typically becomes visible.

Most construction defect lawsuits must be filed within six years from the date the problem was or should have been discovered. While this sounds straightforward, determining the exact starting point can be tricky, which is why legal guidance can be so helpful.

Does New Jersey Have a Statute of Repose for a Construction Lawsuit?

In addition to the statute of limitations, New Jersey law includes a statute of repose that cuts off certain claims after a fixed period. The statute of repose limits lawsuits to ten years from the date construction was completed, regardless of when the defect actually surfaced. This can affect claims involving structural problems, faulty design, or hidden hazards that took years to reveal themselves.

Property owners should be aware that the statute of repose:

• Sets an absolute deadline that cannot be extended.
• Applies even if a defect was not discovered until the ten-year mark had already passed.
• Can change the strategy for how quickly evidence must be gathered and preserved.

Because of this strict rule, it is smart to act promptly once a defect is suspected, especially if the project was completed long ago.

What Steps Should You Take If You Think You Have a Valid Construction Lawsuit?

People often feel unsure about what to do after discovering construction issues, and taking the right steps early can make a huge difference. Starting with documentation is helpful because photos, emails, contracts, and inspection records can all strengthen a claim. In all, you should try to take the following actions as soon as you can:

1. Document the defect and any ongoing damage.
2. Locate contracts, warranties, and payment records.
3. Avoid making repairs without discussing them with an attorney.
4. Reach out to a lawyer to confirm your filing deadline under both the statute of limitations and the statute of repose.

Acting promptly is paramount, as doing so can preserve your ability to pursue compensation and help ensure your case is on solid footing from the start.

Ultimately, if you believe your construction project has gone wrong, we are here to help. Contact Gruber, Colabella, Thompson, Hiben & Montella for an initial consultation today.