What is the Statute of Repose in Construction Litigation Cases?
Written by Ed Wallis
CALL: 901-527-2125 | EMAIL: E-mail Ed Wallis
Members of our team regularly assist large and small contractors, installers and suppliers alike in construction litigation. Shareholders Todd Murrah and Ed Wallis regularly meet with others in the construction industry via their Membership in the Associated General Contractors of America, West Tennessee Division.
Our firm is familiar in the use of the Tennessee statute of repose for construction litigation cases involving the alleged defective design, planning, observation and construction of improvements on real property. The Construction Statute of Repose requires that a suit must be brought for defective construction and design within four years of the date of substantial completion. Such a bar promotes the purpose of encouraging prompt investigation and claims/lawsuits for failure to accurately design or construct improvements on real property. It requires suit to be brought within this set time frame, regardless of if the defect or damage is known or not. The statute in full is:
Tenn. Code Ann. 28-3-202. Limitation of actions.
All actions to recover damages for any deficiency in the design, planning, supervision, observation of construction, or construction of an improvement to real property, for injury to property, real or personal, arising out of any such deficiency, or for injury to the person or for wrongful death arising out of any such deficiency, shall be brought against any person performing or furnishing the design, planning, supervision, observation of construction, construction of, or land surveying in connection with, such an improvement within four (4) years after substantial completion of such an improvement.
The Glassman, Wyatt, Tuttle & Cox, PC team of lawyers has experience in defective construction cases, including cases involving the defective design of real property, defective installation/construction, and the failure to disclose defects on the Tennessee Residential Property Disclosure Form. Our experience includes application of the Tennessee construction statute of repose as a defense on behalf of our clients, including in situations involving construction. Please contact us for help by calling (901) 527-2125 or complete this form: