Construction Defect Statute of Repose Calculator
Enter your state and substantial completion date to see the absolute filing deadline for construction defect claims and how many days remain.
Statute of Repose vs Statute of Limitations for Construction Defects
Two separate time bars apply to construction defect claims, and you must satisfy both. The statute of limitations (SOL) starts running when the defect is discovered (or should have been discovered) and typically allows 3–6 years to file. The statute of repose runs from the date of substantial completion and is an absolute cutoff — regardless of when you discovered the defect.
For example: if a building was completed in 2010 in California (10-year repose) and you discovered a structural defect in 2019, you must file by 2020 — the repose deadline — even if the SOL would otherwise give you more time. If you discovered the defect in 2022, the claim is barred because the 10-year repose expired in 2020. Source: California Code of Civil Procedure § 337.15. Last updated: May 2026.
State-by-State Construction Defect Repose Periods
| 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 | — |
Who Can Be Sued and Pre-Litigation Requirements
Construction defect claims can be brought against general contractors, subcontractors, design professionals (architects, engineers), material manufacturers, and developers. Many states require a formal Notice and Opportunity to Repair (NOR) before litigation — Florida's Chapter 558, California's SB 800 right-to-repair law, and similar statutes give contractors a chance to inspect and repair before a lawsuit is filed. Failing to comply with NOR requirements can result in dismissal. A construction defect attorney in your state can guide you through the pre-litigation process. Source: americanbar.org, state construction statutes. Last updated: May 2026.
Frequently Asked Questions
What is a statute of repose for construction defects?
A statute of repose is an absolute deadline running from the date of substantial completion of a building. Unlike a statute of limitations, it bars claims after a fixed period regardless of when the defect was discovered. Most states set this at 6–12 years from substantial completion.
What is 'substantial completion' in construction law?
Substantial completion is when construction is sufficiently finished for the owner to occupy or use the project for its intended purpose. It is typically evidenced by a certificate of occupancy or acceptance by the owner.
Is the statute of repose different from the statute of limitations?
Yes. The statute of limitations runs from when the defect was discovered and can be tolled. The statute of repose runs from substantial completion and generally cannot be tolled — it is an absolute cutoff. You must satisfy both deadlines.
Who can be sued for construction defects?
Potentially liable parties include general contractors, subcontractors, architects, engineers, material suppliers, and developers. Many states require a pre-litigation notice and opportunity-to-repair period before a lawsuit can be filed.
Can the statute of repose be waived or extended by contract?
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.
Does this tool give legal advice?
No. This calculator provides general educational estimates based on typical state statutes. The exact repose period may vary based on the type of construction and who is being sued. Always consult a licensed construction defect attorney.