Question 1

What is a statute of repose for construction defects?

Accepted Answer

A statute of repose is an absolute deadline running from the date of substantial completion of a building or improvement. Unlike a statute of limitations (which runs from discovery of harm), a statute of repose bars claims after a fixed period regardless of when the defect was discovered. Most states set this at 6–12 years from substantial completion.

Question 2

What is 'substantial completion' in construction law?

Accepted Answer

Substantial completion is the point at which the construction is sufficiently finished for the owner to occupy or use the project for its intended purpose, even if minor work remains. It is typically evidenced by a certificate of occupancy, a punch list completion, or acceptance by the owner. The exact definition varies by state law and contract.

Question 3

Is the statute of repose different from the statute of limitations?

Accepted Answer

Yes. The statute of limitations runs from when the defect was discovered (discovery rule) and can be tolled (paused). The statute of repose runs from substantial completion and generally cannot be tolled — it is an absolute cutoff. You must satisfy both: file within the SOL after discovery AND before the repose period expires.

Question 4

Who can be sued for construction defects?

Accepted Answer

Potentially liable parties include general contractors, subcontractors, architects, engineers, material suppliers, and developers/builders. Many states require a pre-litigation notice and opportunity-to-repair period before a lawsuit can be filed. Consult a construction defect attorney in your state.

Question 5

Can the statute of repose be waived or extended by contract?

Accepted Answer

Generally no — statutes of repose are considered absolute and cannot be waived by contract in most states. However, some states allow limited extensions when fraud or intentional concealment is proven. A construction defect attorney can advise on exceptions in your state.

Question 6

Does this tool give legal advice?

Accepted Answer

No. This calculator provides general educational estimates based on typical state statutes. The exact repose period may vary based on the type of construction, who is being sued, and other factors. Always consult a licensed construction defect attorney in your state before relying on any deadline.

State	Repose Period	Start Date	Key Notes
California	10 years	Substantial completion	Latent defects only; 3 yr for patent
Texas	10 years	Substantial completion	2-yr SOL also applies
New York	6 years (contract) / 3 yr (tort)	Completion or last work	Depends on claim type
Florida	10 years	Substantial completion	4-yr SOL from discovery
Illinois	10 years	Substantial completion	4-yr SOL after discovery
Pennsylvania	12 years	Completion	Longest in major states
Ohio	10 years	Substantial completion	—
Georgia	8 years	Substantial completion	—
North Carolina	6 years	Last act giving rise to claim	—
Michigan	6 years	Completion or first occupancy	—

Construction Defect Statute of Repose Calculator

Statute of Repose vs Statute of Limitations for Construction Defects

State-by-State Construction Defect Repose Periods

Who Can Be Sued and Pre-Litigation Requirements