Construction repose statutes extinguish claims against designers, contractors, and others involved in improvements to real property a defined number of years after substantial completion, typically six to fifteen.
Repose is not subject to the discovery rule.
Alternative Names:
Construction Repose, Improvement to Real Property Repose
Why it Matters?
Substantial completion is the trigger date and establishing it precisely is the analysis, since certificates of occupancy, final payment, and owner acceptance may point to different dates. Repose provides the outer limit that discovery rules cannot extend, which is what ultimately closes exposure on older projects. Some statutes exclude claims against owners or apply only to persons performing design and construction services.
Frequently Confused with
Related terms
Frequently asked questions
What triggers the repose period?
Does the discovery rule extend repose?
