Guide · Statute of repose

Construction statute of repose by state

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

StateRepose periodClock startsExtensions and notesStatute
Alabama7 yearsSubstantial completionDoesn't apply if the builder knew of the defect and didn't disclose itAla. Code § 6-5-221
Alaska10 yearsEarlier of substantial completion or the last act causing the injuryDoesn't apply to gross negligenceAlaska Stat. § 09.10.055
Arizona8 yearsSubstantial completion1 more year if found in year 8 (max 9); doesn't apply to personal injuryAriz. Rev. Stat. § 12-552
Arkansas5 years (property), 4 years (injury)Substantial completionInjury in year 3 adds 1 year (max 5)Ark. Code § 16-56-112
California10 years (latent), 4 years (patent)Substantial completionPatent: injury in year 4 adds 1 year; latent period doesn't apply to fraud or willful misconductCal. Code Civ. Proc. §§ 337.1, 337.15
Colorado6 yearsSubstantial completionClaims arising in year 5 or 6 get 2 yearsColo. Rev. Stat. § 13-80-104
Connecticut7 years, design professionals onlySubstantial completionInjury in year 7 adds 1 year (max 8); no repose statute for contractorsConn. Gen. Stat. § 52-584a
Delaware6 yearsEarliest of several dates, such as substantial completionDel. Code tit. 10, § 8127
District of Columbia10 yearsSubstantial completionD.C. Code § 12-310
Florida7 yearsEarliest of the temporary CO, CO, certificate of completion or abandonmentCut from 10 years in April 2023; condo associations' clock waits for an owner-controlled boardFla. Stat. § 95.11(3)(b)
Georgia8 yearsSubstantial completionInjury in year 7 or 8 adds 2 years for injury claims (max 10)Ga. Code § 9-3-51
Hawaii10 yearsCompletion of the improvement2-year limitations period runs inside itHaw. Rev. Stat. § 657-8
Idaho6 yearsFinal completionTort claims accrue 6 years after completionIdaho Code § 5-241
Illinois10 yearsThe act or omissionIf found within 10 years, 4 years to sue735 ILCS 5/13-214
Indiana10 years (property), 12 years (injury)Substantial completion; design claims run from submission of plans (12 and 14 years)2-year extensionInd. Code §§ 32-30-1-5, 32-30-1-6
Iowa8 years (10 for residential)The act or omission15 years for intentional misconduct or fraudulent concealmentIowa Code § 614.1(11)
Kansas10 yearsThe act giving rise to the claimKan. Stat. § 60-513(b)
KentuckyNone enforceableThe 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
Louisiana5 yearsRecorded acceptance by the owner, or occupancy if acceptance isn't recorded within 6 monthsInjury in year 5 adds 1 year (max 6); a separate 10-year prescription applies to contractors and architectsLa. R.S. 9:2772; La. Civ. Code art. 3500
MaineNone for contractors; 10 years max for architects and engineersSubstantial completionDesign professionals: 4 years from discovery, never more than 10; general 6-year limitations period14 M.R.S. §§ 752, 752-A
Maryland10 years (contractors, architects, engineers)When the entire improvement became available for use20 years for everyone elseMd. Code, Cts. & Jud. Proc. § 5-108
Massachusetts6 yearsEarlier of opening for use, or substantial completion and the owner taking possessionContract claims follow the 6-year contract limitations periodMass. Gen. Laws ch. 260, § 2B
Michigan6 yearsOccupancy, use or acceptanceGross negligence: 1 year from discovery, max 10Mich. Comp. Laws § 600.5839
Minnesota10 yearsSubstantial completionClaims accruing in year 9 or 10 get 2 years (max 12)Minn. Stat. § 541.051
Mississippi6 yearsFirst of written acceptance, occupancy or useDoesn't apply to wrongful deathMiss. Code § 15-1-41
Missouri10 yearsCompletionProtects only those who designed or built the improvementMo. Rev. Stat. § 516.097
Montana10 yearsCompletionInjury in year 10 adds 1 yearMont. Code § 27-2-208
Nebraska10 yearsThe act giving rise to the claimDiscovery rule applies inside the 10 yearsNeb. Rev. Stat. § 25-223
Nevada10 yearsSubstantial completionNo limit for fraudNev. Rev. Stat. § 11.202
New Hampshire8 yearsSubstantial completionN.H. Rev. Stat. § 508:4-b
New Jersey10 yearsPerformance of the services and constructionN.J. Stat. § 2A:14-1.1
New Mexico10 yearsSubstantial completionN.M. Stat. § 37-1-27
New YorkNone3-year limitations period from injury; notice rule for claims against design professionals after 10 yearsN.Y. C.P.L.R. §§ 214, 214-d
North Carolina6 yearsLater of the last act or substantial completionN.C. Gen. Stat. § 1-50(a)(5)
North Dakota10 yearsSubstantial completionInjury in year 10 adds 2 years for tort claims (max 12)N.D. Cent. Code § 28-01-44
Ohio10 yearsSubstantial completionFound in the last 2 years: 2 years from discoveryOhio Rev. Code § 2305.131
Oklahoma10 yearsSubstantial completionInjury in year 5: 2 years to sue, max 7Okla. Stat. tit. 12, §§ 109, 110
Oregon6 years (large commercial); 10 years (residential, small commercial, HOA, public bodies)Substantial completion or abandonmentOr. Rev. Stat. § 12.135
Pennsylvania12 yearsCompletionInjury in years 10 to 12: max 14 years42 Pa. Cons. Stat. § 5536
Rhode Island10 yearsSubstantial completionR.I. Gen. Laws § 9-1-29
South Carolina8 yearsSubstantial completionDoesn't apply to fraud, gross negligence or recklessnessS.C. Code § 15-3-640
South Dakota10 yearsSubstantial completionInjury in year 10 adds 1 year (max 11)S.D. Codified Laws § 15-2A-3
Tennessee4 yearsSubstantial completionInjury in year 4 adds 1 year (max 5)Tenn. Code § 28-3-202
Texas10 years (8 when a government entity sues)Substantial completionA written claim adds 2 years (1 for government plaintiffs); government period added in 2021Tex. Civ. Prac. & Rem. Code §§ 16.008, 16.009
Utah9 yearsCompletionFound in year 8 or 9 adds 2 years; warranty claims 6 yearsUtah Code § 78B-2-225
VermontNoneGeneral 6-year limitations period from accrualVt. Stat. tit. 12, § 511
Virginia5 yearsPerformance of the workDoesn't apply to equipment manufacturers or suppliersVa. Code § 8.01-250
Washington6 yearsLater of substantial completion or end of servicesWash. Rev. Code § 4.16.310
West Virginia10 yearsOccupancy or acceptance by the owner, whichever comes firstW. Va. Code § 55-2-6a
Wisconsin7 yearsSubstantial completionDamage in years 5 to 7 adds 3 years (max 10)Wis. Stat. § 893.89
Wyoming10 yearsSubstantial completionInjury in year 9 adds 1 yearWyo. 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.

About the author

Josh O'Brien, Principal, Conduit Data. Josh grew up around job sites in Syracuse. His father was a mechanical engineer, and Josh spent Syracuse winters on ladders putting roofs on houses. He's been through several M&A deals and knows how to position a company, and its data, to get the highest price.

Sources

  1. 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)
  2. Tabler v. Wallace, 704 S.W.2d 179 (Ky. 1985); Perkins v. Northeastern Log Homes (Ky. 1991).
  3. Florida 2023 amendment: Bilzin Sumberg (May 20, 2024); Porter Wright, "2023 Florida construction defect law changes" (Jun 15, 2023).
  4. Texas 2021 change: Allensworth, "HB 3069: New Statutes of Repose" (Jul 22, 2021).
  5. Contractor Magazine, "Record Retention 101 for Contractors" (Mar 18, 2020). https://www.contractormag.com/management/best-practices/article/21126514/record-retention-101-for-contractors
  6. Statute citations as listed in the table, from each state's code.
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