Alabama · Construction-defect rights
Here is what you have, and here is how to keep it.
Alabama gives no relief on a construction-defect claim that accrues more than seven years after substantial completion, plus a 2-year deadline from accrual. The seven-year bar does not apply if the architect, engineer or builder knew of the defect within that period and failed to disclose it. The repose reaches design professionals and builders who worked under their plans.
What you have
The deadline does not protect a builder who concealed the problem.
In Alabama, a claim of fraud, concealment or serious misconduct is not cut off by the ordinary construction deadline (Ala. Code § 6-5-221(a)).
Past the deadline for a defect? A contract claim may still be alive.
The construction deadline here bars tort claims — but breach of a written express warranty, contract or indemnity may extend beyond seven years (Ala. Code § 6-5-227)Someone told “you’re past the deadline” may still have a live contract or warranty claim, and typically no one volunteers that.
If the builder or developer still controls the property, the deadline isn’t theirs to raise.
The exception most homeowners would never think to ask about: repose defense not available to a person in actual possession or control of the improvement when the deficiency proximately causes injury/death (Ala. Code § 6-5-221(b)) It matters most where a builder still controls part of a project — a phased subdivision, an unfinished condo association.
THE DEADLINE DOES NOT PROTECT A BUILDER WHO KNEW AND HID IT. Alabama's seven-year bar (Ala. Code § 6-5-221) falls away where the architect, engineer or builder had actual knowledge of the defect and failed to disclose it. A written warranty or contract can also outlive the seven years, and a party still controlling the property cannot raise the bar. Note the repose mainly protects design professionals and builders who worked under their plans.
The deadline
7 years to bring a construction-defect claim
Ala. Code § 6-5-221(a)
SCOPE: Alabama's builder repose reaches design professionals and builders who built under an architect's or engineer's plans or supervision (§§ 6-5-220/221) — a build with no design professional may fall outside it. 7 years from substantial completion (§ 6-5-221(a)), on top of a 2-year limitations period from accrual. CONCEALMENT CARVE-OUT: the 7-year bar does not apply where the architect, engineer or builder had ACTUAL KNOWLEDGE of the defect within the period and failed to disclose it. A person in actual possession/control cannot raise the bar (§ 6-5-221(b)); written express-warranty/contract/indemnity claims can run longer (§ 6-5-227). NOTE: Alabama's construction-repose provisions have a history of state-constitutional challenge (Ala. Const. § 13 remedy clause) — verify current status before relying.
“Notwithstanding the foregoing, no relief can be granted on any cause of action which accrues or would have accrued more than seven years after the substantial completion of construction of the improvement on or to the real property.”
Before you sue: We have not yet confirmed whether Alabama requires written notice to the builder before a lawsuit. Some states do, and skipping it can get a case stayed or dismissed. Ask a Alabama attorney before filing.
What to do now
Write it down the day you notice it. Photograph it with something for scale. Note the date, the room, and what you saw. If it gets worse, photograph it again - a sequence is far stronger than one picture. Keep every message with the builder. You are not starting a fight; you are keeping the option open. Some states require written notice to the builder before you can sue. We have not confirmed whether Alabama does, so check with a licensed attorney before filing. A record made at the time is what most people are missing later.
The same defect, a different answer next door
The construction-defect deadline is a state-by-state accident of geography. The identical crack in the identical house can be dead in one state and live in another.