Statutes of Repose vs. Statutes of Limitation - Construction Defects

A statute of repose is a law that establishes a time limit, starting from a specific event such as the day of completion of a construction project, after which a lawsuit related to that event can no longer be filed, regardless of when the damage or injury took place. Statutes of repose are designed to protect defendants from indefinite potential liability by establishing a final deadline for lawsuits, even if the injury or damage hasn't yet occurred. While statutes of limitation start running from the date of an injury or discovery, statutes of repose start from a specific event such as the completion of a construction project.

In construction, statutes of repose limit the time to sue for defects in a building after the project's completion, regardless of when the damage becomes apparent. Once the statute of repose period expires, a plaintiff absolutely loses the right to sue.

 

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