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I am afraid a claim at this point would be barred by the statute of limitations
whether pursued on tort or breach of contract theory
Doesn't the statute of limitations remain 10 years on structure, 2 years after discoveryy?
The time frame is 4 years
If it was concealed courts may extend it
but not likely for the time period here
What statutory time frame is 4 years? please elaborate.
Breach of contract claims including as to real estate contracts
Are there other arguments other than breach of contract (negligence, habitability) under Texas code applicable, more likely to gain traction?
You may want to present it as a fraud or a theory of unjust enrichment
to get court sympathy
I was assuming a 1-2-10-10 warranty liability on the part of contractor from what I see in Texas code, has that been changed in the law recently?
I do not see a timely claim here but I will open this question to colleagues who may have other perspectives for you or other theories you may be able to pursue.
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Thanks so much for choosing this forum to pose your important legal question. I will do my best to give you some honest and accurate guidance as I answer your question.
"If a construction/engineering defect was just discovered within the last year, on Texas townhomes built 8 years ago (leading to rotted, collapse prone balconies), what statute of limitations protects the owner?" The limitations period for this cause of action would depend upon the theory under which suit was filed. Certainly, a couple of choices would include fraud [Texas Civil Practice & Remedies Code §16.004(a)(4)] and/or contract [Texas Civil Practice & Remedies Code §16.004(a)(3)]. Both of the aforementioned bases of recovery bear a four-year limitations period. However, given your facts, I would strongly favor filing suit alleging professional liability (architectural malpractice), which bears a 10-year limitations period [Texas Civil Practice & Remedies Code § 16.008. If such a written claim is presented within this 10-year period, the law also affords an automatic extension of two more years' time.
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