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Repose and Limitations Periods

November 28, 2007  |  from Bowie & Jensen, LLC Construction Law Forum

Time deadlines are clearly an important part of construction claims. Additionally, States impose limitations and repose periods on the time frame to bring a legal action. The difference between a repose period and a limitations period is that the repose period begins to run from a specific envent set forth in a statute, such as completion of the work. Furthermore, the statute of limitations can bar a claim even if the repose period has not expired. Likewise the repose period can bar a claim even if the limitations period has not expired



Md. and DC have 10 year repose periods for personal injury and property damage claims. Md.'s repose period begins to run when the project is fit for its intended use. DC's repose period begins to run from the date of project completion. Repose periods are usually implicated by latent defect cases, where the defect could not have been discovered but eventually caused personal injury or property damage during the 10 year time frame. If the injury occurred outside the ten year time frame, then the claim is completley barred, even if the statute of limitations periods have not expired



Md. and DC have three year limitations periods. In Md. the limitations period begins to run when the plaintiff knew or should have known of his or her claim. In DC., at least for breach of contract claims, the limitations period begins to run from the time of breach.



Thus, the limitations period and repose periods often intersect. For example, an owner can suffer property damage from defective work two years after completion and will then have three years to bring suit. However, if an owner suffers property damage nine years after completion, it will have only one year to bring a claim because of the ten year repose period.

For further questions contact Matt Hjortsberg at (410) 583-2400 or at Hjortsberg@bowie-jensen.com

Filed: Risk-Insurance