Is the builder liable to fix faulty pole barn?

I had a pole barn built 10 years ago and the poles are working themselves up out of the ground. The builder has adjusted doors, checked pole depth, etc. over the years but the problem continues to happen. The barn is up 9 inches and continuing to get worse. Is the builder liable to fix the barn?

Asked on April 7, 2016 under Real Estate Law, Indiana

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

The longest statute of limitations applicable to construction defects in your state is only 6 years; that means that if the barn was built 10 years ago, it is now too late to sue the builder--that in turn means that the builder is no longer legally liable for any faults or defects (though, they could, of course, voluntarily decide to fix any problems if they chose).


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