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Statutes of Limitations

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Statute Of Repose

Construction: 4 Years from substantial completion of improvement to real property for tort or contract actions for personal injury or wrongful death, or 5 years for property damage. A.C.A. § 16- 56-112.

Products: None.

ALABAMA

Construction: 7 Years from substantial completion to improvement to real property against any person performing or furnishing the design, planning, supervision or observation of the construction. Ala. Stat. § 6-5-221(2011).

Exception: Where architect, engineer, or builder had knowledge that a defect or deficiency existed and failed to disclose the defect. Ala. Code § 6-5-221(a).

Products: None.

ALASKA

Construction: 10 Years from substantial completion of construction or 10 Years from last act that allegedly caused injury, death, or property damage. This section specifically excludes defective products. Alaska Stat. § 09.10.055 (2005).

Products: None.

ARIZONA

Construction: 8 Years from substantial completion of improvement to real property; 9 years if defect is discovered in the 8th year. A.R.S. § 12-552.

Products: None. Previous Statute of Repose was 12 Years after original sale. However A.R.S. § 12-551 was declared unconstitutional in Hazine v. Montgomery Elevator, 861 P.2d 625 (Ariz. 1993).

ARKANSAS

Construction: 4 Years from substantial completion of improvement to real property for tort or contract actions for personal injury or wrongful death, or 5 years for property damage. A.C.A. § 16- 56-112.

Products: None.

CALIFORNIA

Construction: 4 Years from substantial completion of construction or construction of improvement to real property arising out of a patent defect, 10 Years from substantial completion for a latent defect. This doesn’t apply to actions based on willful misconduct or fraudulent concealment. Ca. Civ. Proc. Code § 337.1, 337.15.

Products: None directly applicable to product liability actions. Refer to § 338(c). Standard 3 year SOL will apply to product liability actions.

COLORADO

Construction: 6 Years from substantial completion of improvement to real property for actions against any architect, contractor, builder or builder vendor, engineer or inspector. C.R.S. § 13-80-104.

Products: 7 Years from date product first used. C.R.S. § 13-80-107 (1)(a). Applies only to “new manufacturing equipment.” Exceptions: (1) injury caused by hidden defect; (2) prolonged exposure to hazardous material; (3) intentional misrepresentation; or (4) fraudulent concealment. C.R.S. § 13-80- 107 (1)(b)-(c).

“Manufacturing equipment” means equipment used in the operation or process of producing a new product, article, substance, or commodity for purposes of commercial sale and different from and having a distinctive name, character, or use from the raw or prepared materials used in the operation or process. C.R.S. § 13-80-107 (2).

CONNECTICUT

Construction: 7 Years from substantial completion to improvement to real property for actions brought against any architect, professional engineer or land surveyor. C.G.S.A. § 52-584a.

Products: 10 Years from date of sale – can be extended by warranty. C.G.S.A. § 52-577(a).

DELAWARE

Construction: 6 Years from substantial completion of improvement to real property. 10 Del. C. § 8127.

Products: None.

DISTRICT OF COLUMBIA

Construction: 10 Years from substantial completion of improvement to real property. D.C. Code § 12-310.

Products: None.

FLORIDA

Construction: 10 Years from improvement to real property, from possession of owner, issuance of certificate of occupancy, date of abandonment of construction, or termination of the contract between the professional engineer, registered architect or licensed contractor and his or her employer, whichever date is latest. F.S.A. § 95.11.

Products: 12 Years from delivery if product has useful life of 10 Years or less, otherwise 20 Years. F.S.A. § 95.031.

GEORGIA

Construction: 8 Years from substantial completion to improvement to real property. O.C.G.A. § 9-3-51.

Products: 10 Years after date of first sale – not applicable to warning claims. O.C.G.A. § 51-1-11(b)(2).

HAWAII

Construction: 10 Years from date of completion of improvement to real property, but 2 years after accrual. Haw. Rev. Stat. § 657-8.

Products: None.

IDAHO

Construction: 6 Years from final completion of improvement to real property. Idaho Code § 5-241.

Products: 10 Years or after product’s “useful safe life.” Idaho Code § 6- 1403(3) (Rebuttable Presumption).

ILLINOIS

Construction: 10 Years from improvement to real property, but after person had knowledge, 4 Years. 735 I.L.C.S. § 5/13-214.

Products: Shorter of 10 Years from sale date to initial user or 12 Years from delivery to first owner. 735 I.L.C.S. § 5/13-213.

INDIANA

Construction: 10 Years from substantial completion of improvement to real property, or 12 Years after the completion and submission of plans and specifications to the owner if the action is for a deficiency in the design of the improvement to real property. I.C. § 32- 30-1-5.

Products: 10 Years after delivery unless accrues at least 8 Years, but less than 10 Years after delivery. I.C. § 34-20-3-1.

IOWA

Construction: 15 Years from the act or omission of the act alleged to have been the cause of the injury or death. I.C.A. § 614.1.

Products: 15 Years unless warranty is longer. I.C.A. § 614.2A and 614.1(11).

KANSAS

Construction: There is a general 10-Year Statute of Repose for all tort cases. K.S.A. § 60-513(b).

Products: 10 years or after expiration of useful safe life as described by the Kansas Product Liability Act. K.S.A. § 60- 3303(b)(1).

KENTUCKY

Construction: 7 Years from substantial completion of improvement to real property. K.R.S. § 413.135 .

Products: 5 Years from sale date or 8 Years from manufacture date (Rebuttable Presumption). K.R.S. § 411.310

LOUISIANA

Construction: 5 Years after the date owner takespossession of the improvement to real property.La R.S. 9:2772.

Products: None.

MAINE

Construction: 10 Years after “substantial completion” of the project or services rendered, but no more than 4 Years after discovery of malpractice or negligence of architect or engineer. 14 M.R.S.A. §752-A.

Products: None.

MARYLAND

Construction: 20 Years for improvement to real property. 10 Years for actions against architect, professional engineer or contractor related to improvement to real property. Md. Code Ann. § 5-108.

Products: None.

MASSACHUSETTS

Construction: 6 Years from substantial completion of improvement to real property and owner taking possession of improvement. Mass. Ann. Laws Ch.260 § 2B.

Products: None.

MICHIGAN

Construction: An action arising out of the defective and unsafe condition of an improvement to real property against an architect, professional engineer, or contractor, must be brought within six (6) years after occupancy, use, or acceptance of the improvement, or one (1) year after the defect is discovered. M.C.L.A. § 600.5839(1)(a).

Products: None.

MINNESOTA

Construction: 10 Years from substantial completion of improvement to real property. M.S.A. §541.051.2 Years after discovery of defective improvement to real property, but no more than 12 Year after substantial completion, unless negligent “maintenance, operation, or inspection of the real property improvement.” M.S.A. § 541.051(1)(d).

Products: None.

MISSISSIPPI

Construction: 6 Years from written acceptance or actual occupancy for design or construction of improvement to real property.M.C.A. §15-1-41.

Products: None.

MISSOURI

Construction: 10 Years for actions for improvement to real property. This applies only to persons who perform or furnish, in whole or in part, the design, planning or construction, including architectural, engineering or construction services, of improvement.Mo. Rev. Stat. §516.097.

Products: None.

MONTANA

Construction: 10 Years from completion of improvement of real property. This has been interpreted to apply to damage caused by a defective product that is related to the improvement.Mont. Stat. §27-2-208.

Products: None.

NEBRASKA

Construction:: 10 Years for actions for breach of warranty for provement to real property. Neb. Rev. Stat. § 25-223.

Products: 10 Years from manufacture date. If not, foreign state’s repose applies, but not less than 10 Years. Neb. Rev. Stat. § 25-224(2).

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Jurisdiction List

  • Alabama Statute of Limitations
  • Alaska Statute of Limitations
  • Arizona Statute of Limitations
  • Arkansas Statute of Limitations
  • California Statute of Limitations
  • Colorado Statute of Limitations
  • Connecticut Statute of Limitations
  • Delaware Statute of Limitations
  • Florida Statute of Limitations
  • Georgia Statute of Limitations
  • Hawaii Statute of Limitations
  • Idaho Statute of Limitations
  • Illinois Statute of Limitations
  • Indiana Statute of Limitations
  • Iowa Statute of Limitations
  • Kansas Statute of Limitations
  • Kentucky Statute of Limitations
  • Louisiana Statute of Limitations
  • Maine Statute of Limitations
  • Maryland Statute of Limitations
  • Massachusetts Statute of Limitations
  • Michigan Statute of Limitations
  • Minnesota Statute of Limitations
  • Mississippi Statute of Limitations
  • Missouri Statute of Limitations
  • Montana Statute of Limitations
  • Nebraska Statute of Limitations
  • Nevada Statute of Limitations
  • New Hampshire Statute of Limitations
  • New Jersey Statute of Limitations
  • New Mexico Statute of Limitations
  • New York Statute of Limitations
  • North Carolina Statute of Limitations
  • North Dakota Statute of Limitations
  • Ohio Statute of Limitations
  • Oklahoma Statute of Limitations
  • Oregon Statute of Limitations
  • Pennsylvania Statute of Limitations
  • Puerto Rico Statute of Limitations
  • Rhode Island Statute of Limitations
  • South Carolina Statute of Limitations
  • South Dakota Statute of Limitations
  • Tennessee Statute of Limitations
  • Texas Statute of Limitations
  • Utah Statute of Limitations
  • U.S. Virgin Islands Statute of Limitations
  • Vermont Statute of Limitations
  • Virginia Statute of Limitations
  • Washington Statute of Limitations
  • Washington D.C. Statute of Limitations
  • West Virginia Statute of Limitations
  • Wisconsin Statute of Limitations
  • Wyoming Statute of Limitations

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