50-State Survey from Saxe Doernberger & Vita: Statutes of Repose for Construction Claims


This survey of state laws is a quick reference guide that should only be used as a starting point in researching the applicable law to a given situation. Depending on the facts of each situation, there may be additional legal authority which impacts the analysis of a particular case.  Saxe Doernberger & Vita P.C. is a Hamden, Connecticut law firm that represents policyholders in insurance coverage disputes.   Founder & Partner Tracy Saxe is co-chair of the Comprehensive Construction Defect Claims & Coverage Conference taking place Nov. 5-7 at the Mandalay Bay Resort & Casino in Las Vegas.  For more information, visit www.bvrlegal.com, and go to the “live conferences” section.
Time Limit: 13 years
Extension: N/A
Real Property: A claim can be brought up to 2 yrs. after cause of action accrues. No relief for cause of action that accrues more than 13 yrs. after substantial completion of improvement. See Ala. Code § 65-221.
Time Limit: 10 years
Extension: N/A
Real Property: 10yrs from earlier of substantial completion of construction that allegedly caused injury or last act alleged to have caused injury to bring a cause of action.
§ 09.10.055(a). Claimant may not begin action v. construction professional unless notice of claim is filed w/in 1 yr. of discovery of defect, action must be filed w/in 10 yrs. post substantial completion. See AS § 09.10.054.
Time Limit: 8 years
Extension: 1 year
Real Property: 8 yrs. after substantial completion of improvement. If injury occurred during or latent defect wasn’t discovered until 8th yr. after substantial completion, action may be brought within 1 yr. after injury occurred or latent defect was discovered, but can’t be brought more than 9 yrs. after substantial completion. Doesn’t apply to personal injury, wrongful death. See Ariz. Rev. Stat. § 12-552.