Scarinci Hollenbeck, LLC, LLCScarinci Hollenbeck, LLC, LLC

Firm Insights

What New Jersey Businesses Need to Know About Statutes of Repose

Author: Scarinci Hollenbeck, LLC

Date: September 7, 2017

Key Contacts

Back

What You Need to Know About Statutes of Repose In New Jersey

A statute of repose establishes a deadline within which a lawsuit must be filed after the occurrence of a certain event. As discussed in yesterday’s article, a statute of limitations prescribes a period of limitation for the commencement of certain types of legal action, with the goal of encouraging the resolution of legal claims within a reasonable amount of time. The so-called “clock” begins to run from the time when the plaintiff’s cause of action accrues, typically when the harm giving rise to the claim occurred.

What New Jersey Businesses Need To Know About Statutes of Repose
Photo courtesy of Stocksnap.io

Conversely, statutes of repose are designed to bar actions after a specified period of time has run from the occurrence of some event other than the injury which gave rise to the claim. The goal is to immunize potential defendants from long-term liability. A statute of repose generally can’t be paused or tolled.

New Jersey’s Statute of Repose for Construction Defect Claims

Statutes of repose govern the filing of legal claims in several areas of law. In New Jersey, a statute of repose governs construction defect cases. N.J.S.A. § 2A:14-1.1 provides:

No action, whether in contract, in tort, or otherwise, to recover damages for any deficiency in the design, planning, surveying, supervision or construction of an improvement to real property, or for any injury to property, real or personal, or for an injury to the person, or for bodily injury or wrongful death, arising out of the defective and unsafe condition of an improvement to real property, nor any action for contribution or indemnity for damages sustained on account of such injury, shall be brought against any person performing or furnishing the design, planning, surveying, supervision of construction or construction of such improvement to real property, more than 10 years after the performance or furnishing of such services and construction.

Calculation of the ten-year limitations period for the statute of repose typically starts one day after issuance of the certificate of substantial completion for the project. However, New Jersey courts have acknowledged that there may be instances in which another event signals the commencement of the limitations period. 

U.S. Supreme Court Addresses Statutes of Repose

A recent decision by the U.S. Supreme Court highlights the importance of complying with a statute of repose. In California Public Employees’ Retirement System v. ANZ Securities, Inc., et al., 582 U. S. ____ (2017), the Court addressed the Securities Act of 1933’s three-year statute of repose. It provides that “[i]n no event shall any such action be brought . . . more than three years after the security was bona fide offered to the public…”

The Court concluded that the provision, as a statute of repose, was not subject to tolling. “The instruction that ‘[i]n no event’ shall an action be brought more than three years after the relevant securities offering admits of no exception. The statute also runs from the defendant’s last culpable act (the securities offering), not from the accrual of the claim (the plaintiff’s discovery of the defect),” Justice Anthony Kennedy wrote. Accordingly, the California Public Employees’ Retirement System’s late filing of a securities lawsuit was grounds for dismissal.

Because time is of the essence when pursuing legal claims, it is advisable to contact an experienced attorney as soon as you suspect you may have a claim.

No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.

Scarinci Hollenbeck, LLC, LLC

Related Posts

See all
Tariff Response Options for Small Businesses Facing Financial Distress post image

Tariff Response Options for Small Businesses Facing Financial Distress

The Trump Administration’s new tariffs are having an oversized impact on small businesses, which already tend to operate on razor thin margins. Many businesses have been forced to raise prices, find new suppliers, lay off staff, and delay growth plans. For businesses facing even more dire financial circumstances, there are additional tariff response options, including […]

Author: Brian D. Spector

Link to post with title - "Tariff Response Options for Small Businesses Facing Financial Distress"
Common Causes of Partnership Disputes and How to Resolve Them post image

Common Causes of Partnership Disputes and How to Resolve Them

Business partnerships, much like marriages, function exceptionally well when partners are aligned but can become challenging when disagreements arise. Partnership disputes often stem from conflicts over business strategy, financial management, and unclear role definitions among partners. Understanding Business Partnership Conflicts Partnership conflicts place significant stress on businesses, making proactive measures essential. Partnerships should establish detailed […]

Author: Christopher D. Warren

Link to post with title - "Common Causes of Partnership Disputes and How to Resolve Them"
President Trump's Termination of Member Gwynne Wilcox post image

President Trump's Termination of Member Gwynne Wilcox

On January 28, 2025, the Trump Administration terminated Gwynne Wilcox from her position as a Member of the National Labor Relations Board (NLRB or the Board). Gwynne Wilcox, a union side lawyer for Levy Ratner, was confirmed to the Board for an original term in 2021 and confirmed again for a successive five-year term expiring […]

Author: Matthew F. Mimnaugh

Link to post with title - "President Trump's Termination of Member Gwynne Wilcox"
How to Dissolve a Corporation in New Jersey: A Step-by-Step Guide post image

How to Dissolve a Corporation in New Jersey: A Step-by-Step Guide

Closing your business can be a difficult and challenging task. For corporations, the process includes formal approval of the dissolution, winding up operations, resolving tax liabilities, and filing all required paperwork. Whether you need to understand how to dissolve a corporation in New York or New Jersey, it’s imperative to take all of the proper […]

Author: Christopher D. Warren

Link to post with title - "How to Dissolve a Corporation in New Jersey: A Step-by-Step Guide"

No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.

Sign up to get the latest from our attorneys!

Explore What Matters Most to You.

Consider subscribing to our Firm Insights mailing list by clicking the button below so you can keep up to date with the firm`s latest articles covering various legal topics.

Stay informed and inspired with the latest updates, insights, and events from Scarinci Hollenbeck. Our resource library provides valuable content across a range of categories to keep you connected and ahead of the curve.

Let`s get in touch!

* The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

Sign up to get the latest from the Scarinci Hollenbeck, LLC attorneys!