Statute of Limitation vs Statute of Repose

Statute of Limitation vs Statute of Repose

Postby jbellettiere » Mon Oct 01, 2018 12:37 pm

AHPP has conflicting definitions (pg 176 & 1091); Ballast 5.0 conflicts with what I learned for 4.0 and the discussion on the ARE 5.0 community goes back and forth:
WHICH ONE STARTS AT PROJECT COMPLETION AND WHICH ONE AT TIME OF DISCOVERY?!?!?
Please help testing on WED.
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Re: Statute of Limitation vs Statute of Repose

Postby Coach » Tue Oct 02, 2018 3:49 pm

Think of the literal meaning of "repose". It comes into play in two ways:
A) The claim time period starts with a specific triggering event. In construction, that's project completion.
B) When the enacted claim period ends, that's it. All potential claims die.
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Re: Statute of Limitation vs Statute of Repose

Postby jbellettiere » Tue Oct 02, 2018 6:18 pm

Thank you Coach,

To put what you said more bluntly:

Statute of Repose - starts at PROJECT COMPLETION
Statute of Limitation - starts at TIME OF DISCOVERY

Much appreciation!!
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Re: Statute of Limitation vs Statute of Repose

Postby hac » Sat Jun 27, 2020 2:36 pm

Coach,
Does the "Statue of Repose" starts at Project Completion or at Substantial Completion?

Thanks!
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