Reference Source

State construction defect statute of limitations and statute of repose periods

Can I still sue for this construction defect? Every US state sets two independent clocks: the statute of limitations (SOL — typically 2-6 years from discovery of the defect) and the statute of repose (SOR — typically 6-15 years from substantial completion, regardless of discovery). Both must be alive to file a claim. California gives 4 years SOL latent / 10 years SOR. Colorado gives 2 years SOL / 6 years SOR. New York has NO statute of repose for buildings. Getting this wrong means losing the right to file entirely. One record per state, sourced from the state's own statute. Answers 'construction defect statute of limitations by state', 'statute of repose for construction in Texas', 'how long can I sue for a building defect'. Adjacent to mechanics-lien-deadlines and construction-retainage-limits.

Records20
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The data

StateSOL — contract (years)SOL — tort (years)Statute of repose (years)SOR trigger eventDiscovery ruleStatutory citation
Arizona628substantial completionYesARS §12-552
California410substantial completionYesCCP §337.15
Colorado226substantial completionYesCRS §13-80-104
Floridafourfour7the date the authority having jurisdiction issues a temporary certificate of occupancy, a certificate of occupancy, or a certificate of completion, or the date of abandonment of construction if not completed, whichever date is earliestYesFla. Stat. §95.11(3)(b)
Georgia648substantial completionLimitedOCGA §9-3-51
Illinois4410completionYes735 ILCS 5/13-214
Maryland3320YesMD Code Cts. & Jud. Proc. §5-108
Massachusetts636earlier of opening or substantial completionYesMGL c. 260 §2B
Michigan36occupancy, use, or acceptanceMCL §600.5839
Minnesota2210substantial completionYesMinn. Stat. §541.051
Nevada636substantial completionNRS §11.202
New Jersey6610substantial completionYesNJSA §2A:14-1.1
New York63no SOR for buildingsNoCPLR §213
North Carolina336later of substantial completion or last specific act of negligenceYesNCGS §1-50(a)(5)
Ohio8210substantial completionLimitedORC §2305.131
Oregon6210substantial completionYesORS §12.135
Pennsylvania4212lawful occupancy or use42 Pa.C.S. §5536
Texas4210substantial completionLimitedCPRC §16.008–009
Virginia55substantial completionVa. Code §8.01-250
Washington636substantial completion or termination of servicesYesRCW §4.16.310

Where this came from

Every record above links the page it was taken from and quotes the sentence that states it. These are the 2 sources this dataset was assembled from.

Machine-readable

20 records. last verified against source . due for re-check by .

Licence. unknown