Legal Question in Construction Law in New York

I purchase a home about 4 years ago just found out there is something wrong with my heating system can i go after the person that did the inspection since he fail to disclose that in inspection that was done the reason i found out was that i have a plumbing heating compant come in to my home and they told me how ever inspected this home should have told you this but he did not can i legaly suit him for that


Asked on 10/31/11, 11:47 am

1 Answer from Attorneys

Kevin Connolly Kevin J. Connolly

Tricky case, because a suit for malpractice has elements of both breach of contract and tort. THis matters because contract has a six-year statute of limitations and most torts, like negligence (the flavor involved here) has a three-year statute. You may lose the case on the statute of limitations if the court reads this as a malpractice-tort case. A lawyer could help you spin the case as a contract rather than a tort. For a fee, yes, that's what lawyers do.

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Answered on 11/04/11, 6:13 am


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