State Government Can’t Dodge 12-Year Deadline that Protects Contractors
Construction industry professionals in Pennsylvania have reason to breathe a little easier after a recent decision from the Pennsylvania Supreme Court. In the case of Clearfield County v. Transystems Corporation, the Court refused to let a government entity get around Pennsylvania’s 12-year statute of repose using an old legal doctrine known as nullum tempus occurrit regi—Latin for “no time runs against the king.” In plain terms: even a county, state agency or other governmental body cannot revive an old construction defect claim once the 12-year deadline has passed. The decision is a win for architects, engineers and contractors, who can now rely on a firm, predictable cutoff for liability.
Not only is the case a big win for construction industry professionals—but it also clearly explains the difference between the more commonly known statute of limitations versus the lesser-known statute of repose, which are often confused. Generally, a statute of limitations is a deadline that starts running once a construction defect is discovered or reasonably should have been discovered. If nobody notices a defect for ten years, the clock generally doesn’t start until then. A statute of repose works differently. It is a fixed deadline that starts running when the construction is completed, regardless of when the defect is discovered. In Pennsylvania, that deadline is 12 years. Once it expires, the right to sue is gone for good, even if a defect is not discovered until year 15, 20, or later. And unlike a statute of limitations, a statute of repose generally cannot be paused, extended or excused, no matter the circumstances.
In this case, Clearfield County sued a contractor and an architect more than 20 years after they built a county jail, claiming the work was defective. The defendants pointed to the 12-year statute of repose as a complete bar to the claim. The County pushed back, arguing that the nullum tempus doctrine, which normally lets government plaintiffs sidestep ordinary filing deadlines when they are protecting public rights, should let its lawsuit proceed anyway. After working its way through the lower courts, the Pennsylvania Supreme Court sided with the contractor, ruling that nullum tempus cannot override the 12-year statute of repose.
This decision is good news for the construction industry. It confirms that Pennsylvania’s 12-year statute of repose is a true, hard cutoff, one that even government entities cannot get around. Contractors, architects and engineers can rely on this deadline to close the book on older projects. That said, figuring out which deadline applies to a particular claim is not always straightforward, and getting it wrong can be costly. With decades of experience in construction litigation, our team at Cohen Seglias is available to help contractors, subcontractors, architects and engineers navigate the ever-changing world of construction law. Reach out to our Construction group today to schedule a consultation.
