Q: 25+ YR 60' retaining wall built incorrectly per original plans, falling apart. Can original contractor insurance be sued
The cement block wall has been leaning for many years but only until top cover fell off was it discovered that they were never filled with mortar or rebar. The plans and permits show it should have been filled. One contractor I met with mentioned the original contractors "tail insurance" would cover no matter what the age of wall. Also the fact of potential fraud or negligence by builder. My insurance says they will not cover earth movement or craftsmanship thus leaving a small HOA of 4 units on the hook for over 100K. We never worried much about it since it was never an immediate problem and our insurance said many years ago that the wall had to actually "fail' before paying. We always just kept a watchful eye on it. Our fault for not verifying policy exclusions, or maybe it was covered with master policy but later amended, don't know if that would even make a difference? I realize this is a long shot but just thought I would ask. Thank you!
A: No. There is a 10 year statute of limitations on latent defects. Also, although the wall deviated from plans, it would be hard to argue that a wall that lasted 60 years was defective.
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