Statute of Limitations on New Home Equipment in Warren County Ohio
Question Details: I closed on a new home in Warren County Ohio in Mar of 2004. I had my heating/air conditioner cleaned by an expert yesterday and he notified me that my air conditioner is significantly undersized for my home. The builder put in a 1.8 ton unit and, after checking my contract, he had agreed to put in a 2.5 ton unit. Throughout the first year, i had the builder out to investigate rooms on the far side of the house being hot/musty, and some fixes were attempted to no satisfaction, but I never thought to investigate the air conditioner size. After 5.5 years, is the builder responsible to fix?
Real Estate Law Answers
Dear Troubled homeowner: The statute of limitations, within which time you must file suit, is four years. However, the staturoy limit for breach of contract is 15 years, and you have a right to pursue your builder for breach of contract and misrepresentation, etc. You must hope and pray the builder is collectible.
Seek and retain experienced legal ASAP. Good luck! Sincerely, J. Norman Stark
I am a lawyer in CT and practice in this area of the law. Written contracts are governed by a 6 year statute of limitations. The SOL begins to run fronm the date of the breach. If you had a written agreement for the work that was done then you are within the SOL and may sue the contractor. I would sue him for not installing the right equipment in breach of the agreement. I suggest that you hire a lawyer to review the work orders and all the documents showing what work was done.
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