STATUTES OF REPOSE. Presented by 2-10 Home Buyers Warranty on behalf of the National Association of Home Builders.

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1 STATUTES OF Know your obligation as a builder. Educating yourself on your state s statutes of repose can help protect your business in the event of a defect. Presented by 2-10 Home Buyers Warranty on behalf of the National Association of Home Builders.

2 Alabama 7 years Substantial completion Ala. Code (a) Alaska 10 years Later of substantial completion or of the last act alleged to have caused the injury Alaska Stat Arizona contract, implied warranty Maximum of 9 years (additional year final year) Ariz. Rev. Stat (A) Arkansas injury to property 5 years Substantial completion Ark. Code Ann (a) personal injury and wrongful death 4 years Substantial completion Maximum of 5 years (additional year final year) Ark. Code Ann (b) California patent 4 years Substantial completion Maximum of 5 years (additional year final year) Cal. Code Civ. Proc latent Cal. Code Civ. Proc Colorado 6 years Substantial completion Maximum of 8 years final 2 years) Colo. Rev. Stat (1) Connecticut contract 6 years Completion Conn. Gen. Stat tort 3 years Act or omission complained of Conn. Gen. Stat

3 Delaware 6 years Generally, substantial completion of, acceptance of the home, or the date when final payment is received Del. Code Ann. tit. 10, 8127 District of Columbia Does not apply to contract actions. D.C. Code Ann Florida 10 years Generally possession by homeowner or issuance of a certificate of occupancy See Fla. Stat. Ann for more detail on commencement. Fla. Stat. Ann (3)(c) Georgia Maximum of 10 years final 2 years) Ga. Code Ann Idaho tort 6 years Final completion of Idaho Code 5-241; see, also, West v. El Paso Prods. Co., 122 Idaho 133 (Idaho, 1992) (holding that is a statute of repose). written contract 5 years Final completion of Idaho Code 5-241; 5-216; see, also, West v. El Paso Prods. Co., 122 Idaho 133 (Idaho, 1992) (holding that is a statute of repose). Illinois 10 years Act or omission giving rise to the cause of action Maximum of 14 years (additional 4 years final 4 years) 735 Ill. Comp. Stat. 5/ Indiana Ind. Code

4 Iowa tort and implied warranty 15 years Act or omission giving rise to the cause of action Iowa Code (11) Kansas 10 years Act giving rise to the cause of action Kan. Stat. Ann Kentucky 7 years Substantial completion Maximum of 8 years (additional year granted if defect is discovered in This statute remains a part of the Kentucky Code; however, this statute of repose was ruled to be unconstitutional by the Kentucky Supreme Court in Perkins vs. Northeastern Log Homes, 808 S.W.2d 809 (Ky. 1991). Ky. Rev. Stat. Ann Louisiana 5 years Occupancy by the home owner Maximum of 6 years (additional year final year) La. Rev. Stat. Ann. 9:2772 Maine 6 years Conveyance from builder to home owner Me. Rev. Stat. Ann. tit. 14, 752; see, also, Dunelawn Owners Ass n v. Gendreau, 2000 ME 94, P15 (Me., 2000), which says that a purchaser s suit against a builder for latent accrues when the house is conveyed; see, also, Bangor Water Dist. V. Malcolm Pirnie Engineers, 534 A.2d 1326 (Me., 1988) (holding that discovery rule does not apply to contractors).

5 Maryland 10 years When improvement becomes available for use Md. Code. Ann., Md. Cts. & Jud. Proc (b) Massachusetts 6 years Earlier of opening of improvement for use or substantial completion of Mass. Gen. Laws ch. 260, 2B Michigan 6 years Occupancy, use or acceptance by home owner Maximum of 10 years (additional 4 years the result of gross negligence) Mich. Comp. Laws Minnesota Maximum of 12 years final 2 years) Minn. Stat Mississippi 6 years Earlier of written acceptance, actual occupancy, or use by home owner Miss. Code Ann Missouri 10 years Completion of Mo. Rev. Stat Montana 10 years Completion Maximum of 11 years (additional year final year). This statute of repose does not apply to contract actions. Mont. Code. Ann Nebraska 10 years Act or omission giving rise to cause of action Does not apply to contract actions. Neb. Rev. Stat

6 Nevada latent Maximum of 10 years Nev. Rev. Stat patent 6 years Substantial completion Maximum of 8 years Nev. Rev. Stat known Maximum of 12 years Nev. Rev. Stat New Hampshire N.H. Rev. Stat. Ann. 508:4-b New Jersey 10 years Performance or furnishing of services and N.J. Stat. Ann. 2A: New Mexico N.M. Stat. Ann New York 6 years Completion N.Y. C.P.L.R. 213 provides a sixyear statute of limitations and Suffolk County Water Authority v. J.D. Posillico, Inc., 145 A.D. 2d 623, 624 (N.Y. App. Div., 1988) tells us that the statute of limitations begins to run upon completion.

7 North Carolina 6 years Later of last act or omission giving rise to cause of action or substantial completion N.C. Gen. Stat. 1-50(a)(5) North Dakota Maximum of 12 years N.D. Cent. Code, Ohio Maximum of 12 years final 2 years). Ohio Rev. Code Ann Oklahoma Does not apply to contract actions. Okla. Stat. tit. 12, 109 Oregon or abandonment of Or. Rev. Stat Pennsylvania 12 years Completion of Maximum of 14 years granted if defect discovered in final 2 years). 42 Pa. Cons. Stat Rhode Island contract and implied warranty 10 years When evidence of injury to property is or should be significant enough to alert the injured. Lee v. Morin, 469 A.2d 358, 360 (R.I., 1983). This is a statute of limitations, not repose. R.I. Gen. Laws (a); Boghossian v. Ferland Corp., 600 A.2d 288 (R.I. 1991). tort No Comment R.I. Gen. Laws

8 South Carolina No Comment S.C. Code Ann South Dakota S.D. Codified Laws 15-2A-3 Tennessee 4 years Substantial completion Maximum of 5 years (additional year granted if defect is Tenn. Code Ann and Texas Maximum of 12 years (additional 2 years granted if defect is discovered in Tex. Civ. Prac. & Rem. Code Ann Utah contract and warranty 6 years Completion or abandonment of Utah Code Ann (3) (a) other than contract and warranty 9 years Completion or abandonment of Maximum of 11 years final 2 years). Utah Code Ann (3)(b) Vermont Civil Actions 6 years After the cause of action accrues Vt. Stat. Ann. tit. 12, 511; Union Sch. Dist. v. Lench, 134 Vt. 424 (Vt., 1976): Says that there is no discovery rule.

9 Virginia Washington 5 years Performance or furnishing of services and 6 years Later of substantial completion of or termination of services Va. Code Ann ; see, also, Va. Code Ann which creates statutory warranties of 1 year for structural, workmanship and habitability and 5 years for foundations and also provides that suits must be brought with 2 years of a breach of warranty. Wash. Rev. Code West Virginia 10 years Performance or furnishing of services and W. Va. Code a Wisconsin Maximum of 13 years (additional 3 years final 3 years). Wis. Stat Wyoming Maximum of 11 years (additional year granted if defect is Wyo. Stat. Ann SOURCE: Reprinted from Warranties for Builders and Remodelers, Second Edition, by David Jaffe, David Crump & Felicia Watson, 2007, pg Copyright 2007 by the National Association of Home Builders BuilderBooks.com These statutes are current as of the press date, copyright Please be advised that statutes can and do change through amendment, repeal, or new legislation. Builders and Remodelers should check the current state code for the statutory provisions applicable on given date.

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