A construction defect that stays hidden for decades can still be too old to sue over in Pennsylvania.

In Clearfield County v. TranSystems Corporation, the Pennsylvania Supreme Court upheld dismissal of a lawsuit tied to the design and construction of a county jail completed in 1981. Clearfield County said renovations in 2021 uncovered a major issue, the original roof allegedly was never properly connected to the building’s masonry walls. The county paid about $3.88 million to install a bond beam to connect the roof to the walls, then sued in 2023 for negligence, fraudulent misrepresentation, and breach of contract.

The defendants argued the claims were barred by Pennsylvania’s 12-year construction statute of repose, 42 Pa.C.S. § 5536, which generally cuts off certain claims more than 12 years after completion of construction. The county pointed to a doctrine known as nullum tempus, which can allow governmental entities to avoid some filing deadlines when public rights or public property are involved.

The Supreme Court rejected that argument, drawing a clear line between a statute of limitations and a statute of repose. In the court’s view, the statute of repose is meant to give construction professionals, including contractors and qualifying design firms, a firm endpoint to potential liability tied to long-completed work. Letting government owners bypass that cutoff would undercut the legislature’s intent.

For mason contractors, the case is a reminder that details like roof-to-wall connections, bond beams, and documentation around substantial completion can end up at the center of disputes years later. The ruling also reinforces the practical value of keeping closeout records that help establish when the repose clock started.

Read the full, original article from JD Supra here.