Connecticut Nullum Tempus Bill Amended Favorably
Tuesday, April 7, 2015
A substantially revised version of Connecticut SB 1032 was passed out the Senate Judiciary Committee yesterday that would limit the application of the common law doctrine of nullum tempus (no time limit runs against the king). Amending the Connecticut law to address the doctrine of nullum tempus is one of SFAA's legislative priorities for 2015.
As introduced, SB 1032 created a statute of repose only for architects, professional engineers and land surveyors and not for contractors and their sureties. As amended the bill would define a “tolling agreement” in a construction related project to include any person performing construction related work and their sureties or insurers.
For any improvement to real property substantially completed on or after October 1, 2017, SB 1032 provides that State and political subdivisions cannot make a claim, in contract or tort, for damages for deficiencies in the construction related work or for bodily injury or wrongful death arising out of a deficiency in the construction-related more than ten years after the date of substantial completion. For improvements to real property completed before October 1, 2017, the state have until October 1, 2027 to bring such claims.
For any improvement to real property substantially completed on or after October 1, 2017, the State and its political subdivisions must bring an action or claim for indemnity for contribution arising out of construction-related work within ten years of substantial completion or within three years after the date that an action or claim is brought against the State for which the State is seeking indemnification, whichever is later. For improvements substantially completed before October 1, 2017, the State and its political subdivisions shall not bring a claim for contribution or indemnity after October 1, 2027, or three years from the date of the determination of the action or claim against the State has been made for which the State is seeking indemnification, whichever is the later date.
The limits on nullum tempus do not apply to claims: 1) under a written warranty or guarantee with a tolling agreement for a longer amount of time; 2) based on willful misconduct in the performance of construction-related work; 3) under environmental remediation laws; or 4) under contracts for asbestos removal.
Members should visit Government Relations / General Info (Members) for more information.