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Law Pro
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Category: Consumer Protection Law
Satisfied Customers: 24869
Experience:  20 years experience in consumer advocacy, debt collection violations, contracts, construction
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I had a $900,000 custom home built in 2009 and recently discovered

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I had a $900,000 custom home built in 2009 and recently discovered the shower was installed incorrectly and has caused $10,000 worth of repair cost. Do I have any legal recourse since the house is now 4 years old. I leave in Bentonville Ar.

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Sorry for your situation.

Did you get a warranty from the builder? If so, what was and how long was the warranty operable for?

Who informed you that the shower stall was installed incorrectly and caused that damage?
Customer: replied 3 years ago.

The warranty was the standard year. The insurance company who will not pay anything as well as a certified restoration company gave me the news.

OK. Just wanted to make sure.

Last question - does the contract between you and the builder in any way "limit" the statute of limitations?

Where it says within the contract something like - "any and all claims must be brought within 1 year"?
Customer: replied 3 years ago.

I will have to verify this.

Please do. While the contract probably doesn't have that limitation - it's something that should be checked on.

If the contract doesn't have that limitation then:

A statute of limitations is a law which places a time limit on pursuing a legal remedy in relation to wrongful conduct. After the expiration of the statutory period, unless a legal exception applies, the injured person loses the right to file a lawsuit seeking money damages or other relief.

The statute of limitations for breach of contract in Arkansas for Contracts is: Written, 5 years; Oral, 3 years.

Since your contract was in writing - you have 5 years to file suit.

The installation is clearly a breach of contract - breach of contract by not performing the installation in an acceptable manner pursuant to your contract.

Moreover, if there is any issue about the statute of limitations - the "discovery rule" would come into play that would extend the statute of limitations till you "discovered" the problem (or knew or should have known).

Sometimes it is not reasonably possible for a person to discover the cause of an injury, or even to know that an injury has occurred, until considerably after the act which causes the injury. For example, an error in the drafting of a will might not be noticed until the will is being executed, decades after it was drafted, or a financial planner's embezzlement might not be noticed for years due to the issuance of false statements of account.


When it applies, the "discovery rule" permits a suit to be filed within a certain period of time after the injury is discovered, or reasonably should have been discovered. The discovery rule does not apply to all civil injuries, and sometimes the period of time for bringing a claim post-discovery can be short, so it is important to seek legal assistance quickly in the event of the late discovery of an injury.

So, unless your contract with the builder limits any potential claims to the 1 year or the like - you are still within the statute of limitations to pursue the builder for their negligent workmanship in breach of the contract.

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