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Are architects liable for design defects during construction?

Accidents happen at construction sites from time to time. Sometimes these accidents occur due to faulty equipment or negligence from a worker. However, some accidents arise because of an error in the design of the building.

When a design error is the cause of a person’s injuries, you could potentially be liable for the damages. Fortunately, each state has limitations on how long you could be responsible. Additionally, some states give you the opportunity to remedy the defect before a lawsuit has begun.

What is the statute of limitations in California?

California has enacted a statute of limitations to dictate how long a company or individual has to file a claim against you. If your design defects injured someone, they have two years to file a suit or claim against you. If property damage occurred, there is a three-year limit to take legal action.

California also has a statute of repose that restricts any claims from being made after four years from the date of completion. This means that no individual or company can file a lawsuit against you if the project was finished more than four years ago.

What is the right to repair?

If you are notified of any injuries or damages due to your design defects, you will have an opportunity to rectify the issue. California law states that you must receive a notice before having a suit filed against you. Additionally, you must have the chance to examine and fix the defect.

If you have received a notice about a defect in one of your past architectural designs, consider speaking with an attorney. Seeking the help of an attorney right away can give them the opportunity to evaluate your level of liability and advise you going forward.