Carolina Construction Law

Can a contractor's promise to repair extend statute of limitation?

There is one case in North Carolina that seems to say that if you agree not to sue a contractor because the contractor agreed to fix the problem with the home, that the promise than extend the statute of limitations and/or repose.  However, most cases hold that once the statute of repose expires, the contractor's liability is over.

Statutes of Limitation and Statutes of Repose

Statutes of limtiation and statutes of repose are laws designed to limit the time that a homeowner can file suit - or a builder can be sued.  The statute of repose is a length of time after which no suit can be filed. It begnis to run after the structure is finished.  The statute of limitations is the period of time you have to file suit after discovering a defect.  For example the statute of repose in North Carolina is six years.  The statute of limitations is three years.  Suppose the homeowner discovered leaking windows in their home.  They would have three years from the date they discovered (or should have discovered) the leak to file a lawsuit (statute of limitations) - but in no event could they file a lawsuit more than six years after the house was finished (statute of repose)