This guide is general information, not legal, tax or accounting advice. Laws, contract terms and exceptions vary by state, by claim and by contract, so confirm how any of this applies to you with an attorney or CPA licensed where you work.
A construction statute of repose is the outside deadline for defect claims against contractors and design professionals, counted from substantial completion in most states. It ranges from 4 years in Tennessee to 12 years in Pennsylvania, and three jurisdictions have none that applies. For an MEP contractor working in several states, the longest repose period among them is the starting point for how long to keep project records. Indemnity, contribution and third-party injury claims can stretch it further.
What is a construction statute of repose?
A statute of repose cuts off a construction defect claim a fixed number of years after the work is done, even if the defect hasn't been found yet. A statute of limitations runs from when the damage is discovered. Both apply at once: an owner must sue within the limitations period after discovering a defect, and never later than the repose period. Most repose statutes protect contractors, architects and engineers, and some cover only design professionals.
Statute of repose for construction defects, by state
| State | Repose period | Clock starts | Extensions and notes | Statute |
|---|---|---|---|---|
| Alabama | 7 years | Substantial completion | Doesn't apply if the builder knew of the defect and didn't disclose it | Ala. Code § 6-5-221 |
| Alaska | 10 years | Earlier of substantial completion or the last act causing the injury | Doesn't apply to gross negligence | Alaska Stat. § 09.10.055 |
| Arizona | 8 years | Substantial completion | 1 more year if found in year 8 (max 9); doesn't apply to personal injury | Ariz. Rev. Stat. § 12-552 |
| Arkansas | 5 years (property), 4 years (injury) | Substantial completion | Injury in year 3 adds 1 year (max 5) | Ark. Code § 16-56-112 |
| California | 10 years (latent), 4 years (patent) | Substantial completion | Patent: injury in year 4 adds 1 year; latent period doesn't apply to fraud or willful misconduct | Cal. Code Civ. Proc. §§ 337.1, 337.15 |
| Colorado | 6 years | Substantial completion | Claims arising in year 5 or 6 get 2 years | Colo. Rev. Stat. § 13-80-104 |
| Connecticut | 7 years, design professionals only | Substantial completion | Injury in year 7 adds 1 year (max 8); no repose statute for contractors | Conn. Gen. Stat. § 52-584a |
| Delaware | 6 years | Earliest of several dates, such as substantial completion | Del. Code tit. 10, § 8127 | |
| District of Columbia | 10 years | Substantial completion | D.C. Code § 12-310 | |
| Florida | 7 years | Earliest of the temporary CO, CO, certificate of completion or abandonment | Cut from 10 years in April 2023; condo associations' clock waits for an owner-controlled board | Fla. Stat. § 95.11(3)(b) |
| Georgia | 8 years | Substantial completion | Injury in year 7 or 8 adds 2 years for injury claims (max 10) | Ga. Code § 9-3-51 |
| Hawaii | 10 years | Completion of the improvement | 2-year limitations period runs inside it | Haw. Rev. Stat. § 657-8 |
| Idaho | 6 years | Final completion | Tort claims accrue 6 years after completion | Idaho Code § 5-241 |
| Illinois | 10 years | The act or omission | If found within 10 years, 4 years to sue | 735 ILCS 5/13-214 |
| Indiana | 10 years (property), 12 years (injury) | Substantial completion; design claims run from submission of plans (12 and 14 years) | 2-year extension | Ind. Code §§ 32-30-1-5, 32-30-1-6 |
| Iowa | 8 years (10 for residential) | The act or omission | 15 years for intentional misconduct or fraudulent concealment | Iowa Code § 614.1(11) |
| Kansas | 10 years | The act giving rise to the claim | Kan. Stat. § 60-513(b) | |
| Kentucky | None enforceable | The Kentucky Supreme Court held the repose statute unconstitutional in Tabler v. Wallace (1985) and Perkins v. Northeastern Log Homes (1991) | Ky. Rev. Stat. § 413.135 | |
| Louisiana | 5 years | Recorded acceptance by the owner, or occupancy if acceptance isn't recorded within 6 months | Injury in year 5 adds 1 year (max 6); a separate 10-year prescription applies to contractors and architects | La. R.S. 9:2772; La. Civ. Code art. 3500 |
| Maine | None for contractors; 10 years max for architects and engineers | Substantial completion | Design professionals: 4 years from discovery, never more than 10; general 6-year limitations period | 14 M.R.S. §§ 752, 752-A |
| Maryland | 10 years (contractors, architects, engineers) | When the entire improvement became available for use | 20 years for everyone else | Md. Code, Cts. & Jud. Proc. § 5-108 |
| Massachusetts | 6 years | Earlier of opening for use, or substantial completion and the owner taking possession | Contract claims follow the 6-year contract limitations period | Mass. Gen. Laws ch. 260, § 2B |
| Michigan | 6 years | Occupancy, use or acceptance | Gross negligence: 1 year from discovery, max 10 | Mich. Comp. Laws § 600.5839 |
| Minnesota | 10 years | Substantial completion | Claims accruing in year 9 or 10 get 2 years (max 12) | Minn. Stat. § 541.051 |
| Mississippi | 6 years | First of written acceptance, occupancy or use | Doesn't apply to wrongful death | Miss. Code § 15-1-41 |
| Missouri | 10 years | Completion | Protects only those who designed or built the improvement | Mo. Rev. Stat. § 516.097 |
| Montana | 10 years | Completion | Injury in year 10 adds 1 year | Mont. Code § 27-2-208 |
| Nebraska | 10 years | The act giving rise to the claim | Discovery rule applies inside the 10 years | Neb. Rev. Stat. § 25-223 |
| Nevada | 10 years | Substantial completion | No limit for fraud | Nev. Rev. Stat. § 11.202 |
| New Hampshire | 8 years | Substantial completion | N.H. Rev. Stat. § 508:4-b | |
| New Jersey | 10 years | Performance of the services and construction | N.J. Stat. § 2A:14-1.1 | |
| New Mexico | 10 years | Substantial completion | N.M. Stat. § 37-1-27 | |
| New York | None | 3-year limitations period from injury; notice rule for claims against design professionals after 10 years | N.Y. C.P.L.R. §§ 214, 214-d | |
| North Carolina | 6 years | Later of the last act or substantial completion | N.C. Gen. Stat. § 1-50(a)(5) | |
| North Dakota | 10 years | Substantial completion | Injury in year 10 adds 2 years for tort claims (max 12) | N.D. Cent. Code § 28-01-44 |
| Ohio | 10 years | Substantial completion | Found in the last 2 years: 2 years from discovery | Ohio Rev. Code § 2305.131 |
| Oklahoma | 10 years | Substantial completion | Injury in year 5: 2 years to sue, max 7 | Okla. Stat. tit. 12, §§ 109, 110 |
| Oregon | 6 years (large commercial); 10 years (residential, small commercial, HOA, public bodies) | Substantial completion or abandonment | Or. Rev. Stat. § 12.135 | |
| Pennsylvania | 12 years | Completion | Injury in years 10 to 12: max 14 years | 42 Pa. Cons. Stat. § 5536 |
| Rhode Island | 10 years | Substantial completion | R.I. Gen. Laws § 9-1-29 | |
| South Carolina | 8 years | Substantial completion | Doesn't apply to fraud, gross negligence or recklessness | S.C. Code § 15-3-640 |
| South Dakota | 10 years | Substantial completion | Injury in year 10 adds 1 year (max 11) | S.D. Codified Laws § 15-2A-3 |
| Tennessee | 4 years | Substantial completion | Injury in year 4 adds 1 year (max 5) | Tenn. Code § 28-3-202 |
| Texas | 10 years (8 when a government entity sues) | Substantial completion | A written claim adds 2 years (1 for government plaintiffs); government period added in 2021 | Tex. Civ. Prac. & Rem. Code §§ 16.008, 16.009 |
| Utah | 9 years | Completion | Found in year 8 or 9 adds 2 years; warranty claims 6 years | Utah Code § 78B-2-225 |
| Vermont | None | General 6-year limitations period from accrual | Vt. Stat. tit. 12, § 511 | |
| Virginia | 5 years | Performance of the work | Doesn't apply to equipment manufacturers or suppliers | Va. Code § 8.01-250 |
| Washington | 6 years | Later of substantial completion or end of services | Wash. Rev. Code § 4.16.310 | |
| West Virginia | 10 years | Occupancy or acceptance by the owner, whichever comes first | W. Va. Code § 55-2-6a | |
| Wisconsin | 7 years | Substantial completion | Damage in years 5 to 7 adds 3 years (max 10) | Wis. Stat. § 893.89 |
| Wyoming | 10 years | Substantial completion | Injury in year 9 adds 1 year | Wyo. Stat. § 1-3-111 |
Which states have no construction statute of repose?
New York and Vermont have no construction statute of repose, and Kentucky's was struck down. In those three, there's no fixed outside deadline. Ordinary limitations periods still apply, but they can start years after the work when a defect is found late. New York uses a 3-year limitations period that starts when the injury happens, so a claim can come decades after the work. Contractors working in these states should keep project records longer than anywhere else.
Which states have the shortest and longest repose periods?
Tennessee has the shortest period at 4 years, with a fifth year if the injury happens in year 4. Arkansas (4 years for injury), Louisiana and Virginia (5 years) are close behind. Pennsylvania has the longest at 12 years, up to 14 with an extension, and Indiana runs 12 years for injury claims. Maryland gives 10 years against contractors and design professionals, but 20 against anyone else.
How does the statute of repose affect how long to keep project records?
The statute of repose sets the minimum time to keep project records, because a contractor can't defend a claim without them. Contractor Magazine recommends keeping project records for the repose period plus 3 years. Our guide to how long a contractor should keep project records covers tax, payroll and safety records too. A firm working in Pennsylvania and Ohio should plan around Pennsylvania's 12 to 14 years. In New York, Vermont and Kentucky, many firms keep project records indefinitely.
How does the statute of repose apply to licensing your project records?
Licensing a copy of your project records doesn't shorten or replace your obligation to keep the originals. The repose period still decides how long the originals stay in your systems. Jobs past their repose period carry the least claim risk, which makes them the cleanest records to license. Jobs with an open claim should stay out of any license until your attorney clears them. Confidentiality clauses, privacy law and information you've promised to keep secret apply no matter how old the job is.
Frequently asked questions
What is the statute of repose for construction in Texas?
Texas gives 10 years from substantial completion for claims against contractors (Tex. Civ. Prac. & Rem. Code § 16.009) and design professionals (§ 16.008). A written claim made during the 10 years extends it by 2 years. Since 2021, when a government entity is the plaintiff, the period is 8 years, with a 1-year extension for a written claim.
What is the statute of repose for construction in California?
California allows 10 years from substantial completion for latent defects (Cal. Code Civ. Proc. § 337.15) and 4 years for patent defects (§ 337.1). The latent-defect period doesn't apply to willful misconduct or fraudulent concealment. A patent-defect injury in year 4 gives 1 more year, to a maximum of 5.
What is the statute of repose for construction in Florida?
Florida allows 7 years under Fla. Stat. § 95.11(3)(b), counted from the earliest of the temporary certificate of occupancy, certificate of occupancy, certificate of completion or abandonment. The legislature cut the period from 10 years in April 2023. For condominium associations, the clock doesn't start until unit owners control the board.
Does the statute of repose apply to subcontractors?
In most states, yes. Repose statutes generally cover anyone who performed or furnished the construction of the improvement, which includes MEP subcontractors. Connecticut's covers only architects, engineers and land surveyors, and Missouri's protects only those who designed or built the improvement. Check the statute in each state you work in.
Can a contract change the statute of repose?
Sometimes. Some states let parties agree to a shorter period, and Louisiana allows a contract to shorten its 10-year prescription. Maine's limit for design professionals gives way to a valid contract with different terms. Whether a contract can shorten or extend the period depends on the state, so it's a question for your attorney.
Sources
- SDV Fenchurch, "Statutes of Limitations and Repose for Construction-Related Claims," 50 State Surveys (Aug 20, 2026). https://www.sdvfenchurch.com/state-survey/statutes-of-limitations-and-repose-for-construction-related-claims/ (survey footer says current as of 08/2024)
- Tabler v. Wallace, 704 S.W.2d 179 (Ky. 1985); Perkins v. Northeastern Log Homes (Ky. 1991).
- Florida 2023 amendment: Bilzin Sumberg (May 20, 2024); Porter Wright, "2023 Florida construction defect law changes" (Jun 15, 2023).
- Texas 2021 change: Allensworth, "HB 3069: New Statutes of Repose" (Jul 22, 2021).
- Contractor Magazine, "Record Retention 101 for Contractors" (Mar 18, 2020). https://www.contractormag.com/management/best-practices/article/21126514/record-retention-101-for-contractors
- Statute citations as listed in the table, from each state's code.