Some states may also have tolling provisions in the statute.
A case decided in April 2002, in California (Jackson Plaza Homeowners Assoc. v. Alcal Roofing & Insulation (2002 DJDAR 4777) in the First Appellate District dealt with CA’s approach to tolling the 10 year statute. The entire case is not certified for publication, but relevant portions are.
The plaintiff contended the 10-year time period should be extended for the time period in which the contractor attempted to remedy the defect. The court agreed. Other states may have similar cases or attorneys may argue by analogy that the same ruling should result in their particular state.
1. Determine the relevant statutes and court cases in the jurisdiction in which you’re dealing.
2. Determine when the building was substantially complete. This may be done by inquiring at the building department for a notice of final inspection or notice of completion.
3. Ask the assured if the builder attempted repairs, or was contacted at all.