How long do I have to sue for a latent defect in Singapore?
A claim in contract or tort must generally be brought within 6 years of the cause of action accruing (Limitation Act s 6). For negligence and breach of duty, s 24A(3) allows the later of 6 years from accrual or 3 years from when the claimant knew enough to sue. Section 24B then bars negligence claims 15 years after the last negligent act or omission. Get legal advice early, because accrual dates are often disputed.
From the RRD Field Guide, checked against the sources cited in Defects Liability Period and Retention Money in Singapore: DLP, Maintenance Period, Final Account and Late Defects. General information, not advice for your project.
The fuller picture
The defects liability period (DLP), called the maintenance period in SIA contracts, is the window after completion in which the contractor must return and fix defects. Retention is typically released half at completion and half when the DLP ends. Later defects can still be claimed: generally within 6 years, or for negligence 3 years from knowledge, subject to a 15-year long-stop.
More questions on this topic
- What is the difference between the defects liability period and the maintenance period?
- How much retention money is usually held in Singapore?
- When should retention money be released?
- Can I still claim for defects found after the defects liability period ends?
- What is a final account in a construction contract?
- Can the owner fix defects using another contractor and deduct the cost?
- Does SOPA apply to claims for retention money?