Statute of limitations in construction contracts: issues in judicial practice regarding the calculation of terms

The subject of this research is a comprehensive study of the mechanisms of interaction and legal regulation of limitation periods and warranty periods in the field of construction contracts, including an analysis of the conflicting relationships between general rules on limitation periods and specific provisions for the detection of improper quality of construction work; the exploration of problems in law enforcement practice regarding the identification of the material period of defect detection with the procedural period for the protection of rights; features of calculating terms for various categories of claims (for compensation for damages due to poor construction and installation work and for penalties for delays in the delivery of the facility); the influence of pre-trial procedures for dispute resolution on the limitation period; as well as the qualification of procedural and factual actions of the contractor as grounds for interrupting the limitation period when signing various documents. The methodology of the research is based on the dialectical method of cognition combined with general scientific (analysis, synthesis, systematic approach), special legal (formal-legal, comparative-legal, method of legal interpretation) and empirical methods of analyzing judicial practice. The scientific novelty of the research is as follows: • Theoretical novelty: the concept of distinguishing between the material period of defect detection and the procedural limitation period in construction contracts has been developed; theory has been formulated regarding the dualistic nature of the system of terms in contractual relationships; a new methodology for determining the start of the limitation period for hidden defects has been proposed. Practical novelty: typical errors in judicial practice regarding the calculation of terms have been identified and systematized; an algorithm for qualifying the contractor's actions as grounds for interrupting the period has been developed; criteria for assessing evidence of defect detection have been formulated. Methodological novelty: an integrated approach to analyzing the interaction of warranty periods and limitation periods has been proposed; a method for determining the moment of the start of the limitation period for hidden defects has been developed; a system for assessing the influence of the claims process on the limitation period has been created. Innovative results: the necessity of differentiating the approach to calculating limitation periods depending on the nature of the defects has been proven; the need to reconsider the practice of equating the warranty period with the limitation period has been substantiated; proposals for improving law enforcement practice have been formulated. Specific scientific achievements: criteria for determining the moment of discovering hidden defects have been developed; a methodology for assessing the impact of interim acts on the limitation period has been proposed; new approaches to qualifying the actions of the parties as grounds for interrupting the limitation period have been formulated.