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Construction law

defects

A construction defect is generally a deficiency in the design or construction of a building due to the failure to design or construct the building in a reasonably workmanlike manner (the minimally acceptable industry standard), or according to the owner’s reasonable expectation.

In Virginia, a construction defect is considered a deficiency in the design, workmanship, or materials used in the construction of a building that fails to meet the minimum acceptable industry standards or the owner's reasonable expectations. The Virginia Code provides specific statutes of limitation and repose for construction defect claims. Under Virginia law, a lawsuit for construction defects must generally be filed within five years from the completion of the work for written contracts under the statute of limitations (Va. Code Ann. § 8.01-246), and within two years for unwritten contracts. Additionally, the statute of repose sets a deadline of five years after the performance or furnishing of the services or construction to bring a claim (Va. Code Ann. § 8.01-250). These laws are designed to balance the interests of property owners and construction professionals by providing a clear timeframe for identifying and addressing construction defects. It is important for property owners to act promptly if they suspect a construction defect and for construction professionals to maintain high standards to avoid potential liability.

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Construction law

defects

Individual & Family Legal Plan

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Virginia State Code

Virginia State Code

Construction law

defects

Articles