Maine · Construction-defect rights
Here is what you have, and here is how to keep it.
Against a licensed architect or engineer, a Maine homeowner must sue within 4 years of discovering the negligence and never more than 10 years after substantial completion. Against a general contractor or builder, Maine has no statute of repose at all — only the ordinary 6-year deadline that runs from when the claim accrues.
What you have
Past the deadline for a defect? A contract claim may still be alive.
The construction deadline here bars tort claims — but the statutory periods do not apply if the parties agreed to different limitation periods in a valid contract (14 M.R.S. § 752-A)Someone told “you’re past the deadline” may still have a live contract or warranty claim, and typically no one volunteers that.
Your window depends on whom you sue. Against a licensed architect or engineer you have four years from discovering the problem, capped at ten years from substantial completion (14 M.R.S. § 752-A). Against a general contractor or builder Maine has NO repose — only the ordinary six-year deadline from when the claim accrues (§ 752), so do not assume the ten-year figure applies to your builder.
The deadline
10 years to bring a construction-defect claim
14 M.R.S. § 752-A
SCOPE — READ FIRST: § 752-A's 10-year repose applies ONLY to licensed ARCHITECTS and ENGINEERS. Maine has NO statute of repose for general contractors/builders — a claim against a builder is governed only by the general 6-year statute of limitations (14 M.R.S. § 752), which runs from accrual (with a limited case-law discovery rule) and has no absolute outer cutoff. For architects/engineers: 4 years from discovery of the negligence, but never more than 10 years after substantial completion. A valid contract can set different limitation periods (§ 752-A, final sentence). No fraud carve-out.
“All civil actions for malpractice or professional negligence against architects or engineers duly licensed or registered under Title 32 shall be commenced within 4 years after such malpractice or negligence is discovered, but in no event shall any such action be commenced more than 10 years after the substantial completion of the construction contract or the substantial completion of the services provided, if a construction contract is not involved.”
Before you sue: We have not yet confirmed whether Maine requires written notice to the builder before a lawsuit. Some states do, and skipping it can get a case stayed or dismissed. Ask a Maine 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 Maine 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.