Construction defect cases should be brought as soon as possible for a variety of reasons. Cases regularly involve multiple cross-claims, counterclaims, and third-party claims. Between insurance coverage, subrogation, indemnification, direct liability and other legal mechanisms, it takes time to sort through the chain of liability in determining which parties are held responsible.
Most relevant statutes of limitations do not begin until the property owner knows or should have known of the defects. Different claims have different statutes of limitations, the shortest of which are one year.
Another consideration is contractor bankruptcy. The sooner your case is filed, the better the chances for optimal recovery. Of course, some construction defects are not detected until a year or more has passed. In that case, a suit may still be filed: Even if the developer or contractor has filed for bankruptcy, their insurance carrier will defend and litigate or settle the case.