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C-1 APPENDIX C: STATUTES OF REPOSE STATUTES OF REPOSE State Code Section Repose Period* Alabama Ala. Code 6-5-221 13 years from substantial completion. Alaska Alaska Stat. 09.10.055; 09.10.054; 09.45.881 et seq. 10 years from substantial completion of construction or 10 years from last act that allegedly caused injury, death, or property damage. Arizona Ariz. Rev. Stat. 12-552 8 years from substantial completion. Arkansas Ark. Code Ann. 16-56-112 4 years from substantial completion for injury/death, 5 years for property damage. California Cal. Civ. Proc. Code 337.1, 337.15 4 years from substantial completion for patent defects, 10 years for latent defects; inapplicable to willful misconduct. Colorado Colo. Rev. Stat. 13-80-104 6 years from substantial completion. Connecticut Conn. Gen. Stat. Ann. 52-584a 7 years from substantial completion. Delaware Del. Code, tit. 10 8127 6 years from substantial completion. District of Columbia D.C. Code 12-310 10 years from substantial completion. Florida Fla. Stat. 95.11(3)(c) 4 years from latest of several specified events. Georgia Off. Code. Ga. 9-3-51 8 years from substantial completion. Hawaii Haw. Rev. Stat. 657-8 10 years from completion. Idaho Idaho Code 5-241 6 years from final completion. Illinois 735 Ill. Comp. Stat. 5/13-214 10 years from improvement.
C-2 STATUTES OF REPOSE State Code Section Repose Period* Indiana Ind. Code 32-30-1-5 10 years from substantial completion or 12 years from delivery of plans and specifications (for design defects). Iowa Iowa Code 614.1 2A(a) 15 years from act alleged to cause the injury or death. Kansas Kan. Stat. 60-513 10 years from act alleged to cause the injury or death. Kentucky Ky. Rev. Stat. 413.135 7 years from substantial completion (ruled unconstitutional). Louisiana La. Rev. Stat. 9:2772 5-year preemptive period after acceptance. Maine Me. Rev. Stat., tit. 14 752-A 10 years from substantial completion or services rendered. Maryland Md. Code, Cts. & Jud. Proc. 5-108(b) 10 years from date improvement became available for intended use. Massachusetts Mass. Gen. Laws, ch. 260 2B 6 years from substantial completion and transfer of possession. Michigan Mich. Comp. Laws 600.5839 6 years after occupancy or acceptance; 10 years for gross negligence. Minnesota Min. Stat. 541.051 10 years from substantial completion. Mississippi Miss. Code 15-1-41 6 years from written acceptance or occupancy. Missouri Mo. Rev. Stat. 516.097 10 years from completion. Montana Mont. Code 27-2-208 10 years from completion. Nebraska Neb. Rev. Stat. 25-223 10 years from act giving rise to cause of action. Nevada Nev. Rev. Stat. 11.203, 11.204, and 11.205 10 (deficiencies defendant knew or should have known about), 8 (latent deficiencies), 6 (deficiencies apparent by reasonable inspection).
C-3 STATUTES OF REPOSE State Code Section Repose Period* New Hampshire N.H. Rev. Stat. 508:4-b 8 years from substantial completion. New Jersey N.J. Stat. 2A:14-1.1 10 years from completion. New Mexico N.M. Stat. 37-1-27 10 years from substantial completion. New York N.Y. C.P.L.R. 214-d No statute of repose, but notice must be provided for claims more than 10 years after act giving rise to cause of action. North Carolina N.C. Gen. Stat. 1-50 6 years after last act or substantial completion. North Dakota N.D. Cent. Code 28-01-44 10 years after substantial completion. Ohio Ohio Rev. Code 2305.131 10 years from substantial completion. Oklahoma Okla. Stat. tit. 12 109 10 years from substantial completion. Oregon Or. Rev. Stat. 12.135 10 years from substantial completion. Pennsylvania 42 Pa. Cons. Stat. 5536 12 years from substantial completion. Rhode Island R.I. Gen. Laws 9-1-29 10 years from substantial completion. South Carolina S.C. Code 15-3-640 8 years from substantial completion. South Dakota S.D. Cod. Laws 15-2A-3 10 years from substantial completion. Tennessee Tenn. Code 28-3-202 4 years from substantial completion. Texas Tex. Civ. Prac. & Rem. Code 16.008 10 years from substantial completion. Utah Utah Code 78-12-21.5 6 years from completion or abandonment for claims based on contract, 9 years for other claims. Vermont N/A N/A None. Virginia Va. Code 8.01-250 5 years after performance of construction or services.
C-4 STATUTES OF REPOSE State Code Section Repose Period* Washington Wash. Rev. Code 4.16.310 and 4.16.300 6 years from substantial completion. West Virginia W. Va. Code 55-2-6a 10 years from occupying or acceptance. Wisconsin Wis. Stat. 893.89 10 years from substantial completion. Wyoming Wyo. Stat. 1-3-111 10 years from substantial completion. * Various conditions apply to the statutes of repose that are not included in this summary. For example, in some states the statute is subject to extension if the defect is not discovered until the last year of the repose period, or if the person charged had knowledge of the defect and failed to disclose it. In some states action must be brought within a relatively short period (1 to 2 years) after discovery.
