Updated Sept 2026Every factual claim links to its sourceGeneral information, not legal advice

Building Defects Guide

Statutes of Limitations vs. Statutes of Repose for Construction Defects

A statute of repose for construction defects sets an outer deadline for suing that counts from substantial completion of the work, even if you have not found the defect yet. A statute of limitations counts from when a claim accrues. Nevada’s repose period under NRS 11.202(1) is 10 years. In the states verified for this page, base repose periods run from 6 to 10 years.

Last reviewed: September 2026. Sources are listed at the end of this page.

What is the difference between a statute of limitations and a statute of repose?

A limitation period generally runs from when your claim accrues. A repose period runs from a fixed event tied to the project, usually substantial completion, and can end your claim before you know about the defect.

Minnesota shows both in one statute. Under Minn. Stat. 541.051, you have 2 years after a claim accrues to sue. The claim must also accrue within 10 years after substantial completion. If it accrues in the 9th or 10th year, you still have 2 years, but no suit can be brought more than 12 years after substantial completion.[9]

Idaho takes a different approach. Idaho Code 5-241 says tort actions accrue, so the limitation period starts, no later than 6 years after final completion. Contract actions accrue at final completion.[7]

How long are construction defect repose periods by state?

The periods below were checked against statute text. Most run from substantial completion. Some have exceptions for injuries or defects found late in the period.

StateStatuteRepose period
AlaskaAS 09.10.055[3]10 years from substantial completion, with exceptions
ArizonaA.R.S. 12-552[4]8 years for contract-based actions, including implied warranty claims. 9 years maximum if an injury or latent defect is found in the 8th year.
CaliforniaCal. Civ. Code § 941(a)[2]10 years after substantial completion for Right to Repair Act actions
ColoradoC.R.S. 13-80-104[5]6 years after substantial completion. Plus 2 years if the claim arises in year 5 or 6 (8 years maximum).
GeorgiaO.C.G.A. 9-3-51[6]8 years after substantial completion. 10 years maximum for an injury in the 7th or 8th year.
MinnesotaMinn. Stat. 541.051[9]Claim must accrue within 10 years. Suit no later than 12 years after substantial completion.
MontanaMCA 27-2-208[10]6 years after completion. For an injury in the 6th year, 1 year after the injury.
NevadaNRS 11.202(1)[1]10 years after substantial completion
OhioR.C. 2305.131[11]10 years from substantial completion, with exceptions
OregonORS 12.135[12]10 years for residential structures. 7 years for tort actions by homeowner and condo associations.
South CarolinaS.C. Code 15-3-640[13]8 years after substantial completion
TexasTex. Civ. Prac. and Rem. Code 16.009[14]10 years after substantial completion
WashingtonRCW 4.16.310[15]6 years after substantial completion or termination of services
West VirginiaW. Va. Code 55-2-6a[16]10 years after the services or construction
WisconsinWis. Stat. 893.89[17]7-year exposure period after substantial completion, with exceptions

Idaho is left out of the table because Idaho Code 5-241 is an accrual rule, described above. Repose periods for other states were not verified for this page, including Kansas, Hawaii, Indiana, Kentucky, Louisiana, Missouri, Mississippi, North Dakota and New York. Florida’s repose statute was not checked. Check your state’s current statute.

What is the difference between a patent and a latent defect?

A patent defect is one you could find by reasonable inspection. A latent defect is one you could not. California sets different time limits for each under Code of Civil Procedure §§ 337.1 and 337.15. Those two limits do not apply to claims under the Right to Repair Act, which uses the 10-year limit in Civil Code § 941(a) instead (§ 941(d)).[18][19]

  • Patent deficiency: Cal. Code Civ. Proc. § 337.1(e) defines it as a deficiency apparent by reasonable inspection. The limit is 4 years after substantial completion.
  • Latent deficiency: Cal. Code Civ. Proc. § 337.15(b) defines it as a deficiency not apparent by reasonable inspection. The limit is 10 years after substantial completion.

Arizona also treats latent defects differently near the end of its period. A latent defect found in the 8th year allows suit within 1 year, up to 9 years after substantial completion (A.R.S. 12-552(E)).[4]

Do right-to-repair laws pause these deadlines?

Some do, and some do not. The rules differ on whether the pause, called tolling, covers the limitation period, the repose period, or both.

  • Limitation and repose both tolled: Arizona during the process plus 30 days after repairs (A.R.S. 12-1363(F)), Colorado until 60 days after the process ends (C.R.S. 13-20-805), Nevada until the earlier of 1 year or 30 days after mediation ends (NRS 40.695), Ohio until the owner has complied (R.C. 1312.08), and Minnesota for warranty claims (Minn. Stat. 327A.02 subd. 4(b)).[4][5][20][21][8]
  • Extended past repose: Oregon extends the time to sue notwithstanding limitation or repose periods, if notice was sent in time (ORS 701.585).[22]
  • Limitation tolled, repose not extended: Wisconsin tolls the limitation period during the notice process but does not extend any repose period (Wis. Stat. 895.07(9)). The statute annotation cites Wascher v. ABC Ins. Co., 2022 WI App 10.[23]
  • No extension: Texas says its right-to-repair chapter does not extend a limitations period (Tex. Prop. Code § 27.005).[24]

Hawaii and Missouri use a file-and-stay approach instead. If a deadline would run during the process, you may file, but the case is paused until the process ends. Georgia lets you file if the statute of limitations would expire, but you must still complete the notice process. See the full right-to-repair laws table for each state’s rule.

This page is general information, not legal advice. Laws change and vary by state. Check the current statute or talk to a licensed attorney in your state before acting.

Related guides

Sources

  1. Nevada Legislature, “NRS Chapter 11.” https://www.leg.state.nv.us/nrs/nrs-011.html
  2. California Legislature, “Cal. Civ. Code § 941.” https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=CIV&sectionNum=941.
  3. Alaska State Legislature, “AS 09.10.055.” https://www.akleg.gov/basis/statutes.asp?media=print&secStart=09.10.055&secEnd=09.10.055
  4. Arizona State Legislature, “A.R.S. 12-552” and “A.R.S. 12-1363.” https://www.azleg.gov/ars/12/00552.htm and https://www.azleg.gov/ars/12/01363.htm
  5. Colorado General Assembly, “Colorado Revised Statutes 2024, Title 13” and “HB25-1272, 2025 Session Laws ch. 183.” https://content.leg.colorado.gov/sites/default/files/images/olls/crs2024-title-13.pdf and https://leg.colorado.gov/laws/session-laws/HB25-1272/183/download
  6. Justia, “O.C.G.A. § 9-3-51” (2025). https://law.justia.com/codes/georgia/title-9/chapter-3/article-3/section-9-3-51/
  7. Idaho Legislature, “Idaho Code 5-241.” https://legislature.idaho.gov/statutesrules/idstat/Title5/T5CH2/SECT5-241
  8. Minnesota Office of the Revisor of Statutes, “Minn. Stat. 327A.02.” https://www.revisor.mn.gov/statutes/cite/327A.02
  9. Minnesota Office of the Revisor of Statutes, “Minn. Stat. 541.051.” https://www.revisor.mn.gov/statutes/cite/541.051
  10. Montana Legislature, “MCA 27-2-208.” https://leg.mt.gov/bills/mca/title_0270/chapter_0020/part_0020/section_0080/0270-0020-0020-0080.html
  11. Ohio Legislature, “Ohio Revised Code 2305.131.” https://codes.ohio.gov/ohio-revised-code/section-2305.131
  12. Oregon State Legislature, “ORS Chapter 12.” https://www.oregonlegislature.gov/bills_laws/ors/ors012.html
  13. South Carolina Legislature, “S.C. Code Title 15, Chapter 3.” https://www.scstatehouse.gov/code/t15c003.php
  14. Texas Legislature, “Civil Practice and Remedies Code Chapter 16.” https://tcss.legis.texas.gov/resources/CP/htm/CP.16.htm
  15. Washington State Legislature, “RCW 4.16.310.” https://app.leg.wa.gov/RCW/default.aspx?cite=4.16.310
  16. West Virginia Legislature, “W. Va. Code 55-2-6a.” https://code.wvlegislature.gov/55-2-6A/
  17. Wisconsin State Legislature, “Wis. Stat. 893.89.” https://docs.legis.wisconsin.gov/document/statutes/893.89
  18. California Legislature, “Cal. Code Civ. Proc. § 337.1.” https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=CCP&sectionNum=337.1
  19. California Legislature, “Cal. Code Civ. Proc. § 337.15.” https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=CCP&sectionNum=337.15
  20. Nevada Legislature, “NRS Chapter 40.” https://www.leg.state.nv.us/nrs/nrs-040.html
  21. Ohio Legislature, “Ohio Revised Code Chapter 1312.” https://codes.ohio.gov/ohio-revised-code/chapter-1312
  22. Oregon State Legislature, “ORS Chapter 701.” https://www.oregonlegislature.gov/bills_laws/ors/ors701.html
  23. Wisconsin State Legislature, “Wis. Stat. 895.07.” https://docs.legis.wisconsin.gov/document/statutes/895.07
  24. Texas Legislature, “Property Code Chapter 27.” https://tcss.legis.texas.gov/resources/PR/htm/PR.27.htm