Prescription & Defect Time Limits

Two clocks run on every job: the one that kills an unpaid debt after three years, and the warranty windows on defects. Miss the first and you cannot sue at all. The time limits that decide your rights.

Debt prescription (Prescription Act 68 of 1969)

Ordinary contractual debt	Prescribes 3 years after it became due -- once prescribed it is gone, you cannot sue on it at all
When the clock starts	When the debt falls due (a letter of demand starts interest, but the 3-year clock runs from when payment was due)
Interruption	Service of a summons, or the debtor's acknowledgement of the debt, can interrupt and restart it -- get advice before you assume a debt has died or survived

CPA defect warranty (Consumer Protection Act, all consumer work)

Implied quality warranty	6 months from completion (sections 55 and 56); the consumer chooses repair, replacement or refund, and you cannot contract out of it
Repair that fails again	If the same problem returns within a further 3 months, the consumer may insist on a replacement or full refund
After 6 months	Common-law remedies and the ordinary 3-year prescription still apply -- the warranty window is not the end of your exposure

NHBRC warranty (new homes, current 1998 Act)

Minor defects / snag list	3 months from first occupation, in writing
Roof leaks	1 year, in writing
Major structural defects	5 years, in writing

Reference only -- not legal advice. The 1998 Housing Consumers Protection Measures Act is still the law in force; the Housing Consumer Protection Act 25 of 2024 is signed but NOT yet commenced (expected around 2027), so do not rely on its longer roof warranty yet. Verify at saflii.org and nhbrc.org.za.

Sources: Prescription Act 68 of 1969 · Consumer Protection Act 68 of 2008 (sections 55 and 56) · Housing Consumers Protection Measures Act 1998 (NHBRC)

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