Statute of Limitations vs. Statute of Repose
Two different legal deadlines for construction defect claims. A statute of limitations runs from when a defect is discovered, or reasonably should have been, while a statute of repose runs from a fixed event, typically [[concept-substantial-completion|substantial completion]], and cuts off claims after that period regardless of when a defect is later discovered.
Why it matters
A statute of repose can bar a claim even when the statute of limitations would still allow it, because the repose period doesn't care when the defect was actually found, only how long ago the building was substantially complete.
On a real project
A structural defect is discovered eight years after a building's substantial completion. The statute of limitations would still allow a claim since the defect was just discovered, but the state's statute of repose cuts off construction claims entirely after seven years from substantial completion, barring the claim regardless.
Who this matters most to
A Construction Attorney checks both deadlines before pursuing any defect claim, since missing either one, not just the more familiar limitations period, can bar an otherwise valid case.
Where this goes wrong
A property owner discovers a serious latent defect and assumes they have time to sue simply because they just found it, within the statute of limitations' discovery window. They don't realize the state's statute of repose already expired years earlier, cutting off the claim entirely regardless of when the defect was found.