Statute of Repose
Also known as: Repose Period, Absolute Time Bar
A law that sets an absolute deadline for filing construction defect claims, measured from when construction was completed — regardless of when the defect was discovered. Typically 6 to 12 years.
Detailed Explanation
Unlike a statute of limitations (which starts when the defect is discovered), a statute of repose starts when construction is completed and runs regardless of whether the defect has been found.
This means that if your state has a 10-year statute of repose and you discover a major structural defect in year 11, you cannot bring a claim — even though you just discovered it.
Statutes of repose provide builders with a definitive end to their potential liability. Once the period expires, no claims can be brought regardless of the circumstances.
In Your Contract
Builders generally do not need to add a statute of repose to the contract because it exists in state law. However, some contracts reference it or attempt to shorten the repose period.
Key Points
- 1Sets an absolute deadline from construction completion — not from discovery.
- 2Typically 6 to 12 years, depending on the state.
- 3After it expires, no claims can be brought regardless of when the defect was found.
- 4Different from (and works alongside) the statute of limitations.
- 5Provides builders with a definitive end to liability.
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