One of the most common, yet complicated, areas of litigation involves the liability for deficient design or construction of an improvement to property. Fortunately, however, a legal defense known as the “statute of repose” shields most industrial design professionals–and their insurance carriers–from liability for improvements to real estate after a certain period of time.
In these instances, a court determines the merit of a lawsuit based upon the timeline of the construction project, and the degree to which the work is an improvement to existing real estate.
Consider the situation where a coke oven door in a steel mill malfunctions and injures a mill employee, rendering the worker unable to work again in the same job. That worker may sue the building contractor, subcontractor, engineering company, manufacturer as well as the company that installed the coke oven door.
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