Lawyer Commentary Mondaq United States Are Construction Dispute Claims By The State Ever Time Barred? Depends.

Are Construction Dispute Claims By The State Ever Time Barred? Depends.

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I have written before about statutes of limitation and statutes of repose relating to construction disputes. I recently learned that these principles may not apply to a public owner's claims against design professionals and contractors.

Statutes of limitation/repose? In its simplest terms, a statute of limitation is a time limit for bringing a lawsuit (i.e., you may have six years to file suit on a breach of contract dispute), whereas a statute of repose is the "drop-dead" date where the legal no longer exists. In other words, a statute of limitation may not run because the cause of action has not accrued (or started), but the statute of repose would bar any lawsuit not brought within the statutory time.

For example, in Tennessee, claims regarding improvements to real...

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