DO YOU HAVE PROTECTION AGAINST CRIMINAL AND CIVIL JUDGEMENTS ON YOUR CONSTRUCTION PROJECT?

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A category of procedural devices employed by a party to a civil or criminal action, prior to trial, to require the adverse party to disclose information that is essential for the preparation of the requesting party’s case and that the other party alone knows or possesses.

A retention period is an aspect of records and information management and the records life cycle that identifies the duration of time for which the information should be maintained or “retained,”. Retention periods vary with different types of information, based on content and a variety of other factors, including internal organizational need, regulatory requirements for inspection or audit, legal statutes of repose and limitation, involvement in litigation, and taxation and financial reporting needs, as well as other factors as defined by local, regional, state, national, and/or international governing entities.

A legal hold is a process that an organization uses to preserve all forms of relevant information when litigation is reasonably anticipated.

A federal law protecting consumers against misuse of warranties, and making warranties easier to understand. For more information, please refer to the FTC website.

The establishment, maintenance and continuous update of an Information security management system (ISMS) provide a strong indication that a company is using a systematic approach for the identification, assessment and management of information security risks.

Statutes of limitations are laws passed by legislative bodies in common law systems to set the maximum time after an event within which legal proceedings may be initiated.[

A statute of repose (sometimes called a nonclaim statute), like a statute of limitation, is a statute that cuts off certain legal rights if they are not acted on by a certain deadline.

State of Alabama
10 Years
Ala. Stat. § 6-5-221(2011), Ala. Code § 6-5-221(a)
Substantial completion to improvement to real property.
Exception: 13 years where architect, engineer, or builder had knowledge of a defect with no disclosure.
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State of Alaska
13 Years
Alaska Stat. §09.10.055 (2005)
Substantial completion of construction or last act that allegedly caused injury, death, or property damage.

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State of Arizona
11 Years
A.R.S. § 12-552
Substantial completion of improvement to real property.
9 years if discovered in the 8th year.
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State of Arkansas
7 Years
A.C.A. § 16-56-112
Substantial completion of improvement to real property for tort or contract actions for personal injury or wrongful deat.
5 years for property damage.
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State of California
7 Years
Ca. Civ. Proc. Code § 337.1, 337.15
Substantial completion of construction or construction of improvement to real property arising out of a patent defect.
10 years from substantial completion for a latent defect. Doesn’t apply to actions based on willful misconduct or fraudulent concealment.
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State of Colorado
9 Years
C.R.S. § 13-80-104
Substantial completion of improvement to real property for actions against architect, contractor, builder or builder vendor, engineer or inspector.
Claims during 5th or 6th year can be brought within two years after cause.
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State of Connecticut
10 Years
C.G.S.A. § 52-584a
Substantial completion to improvement to real property for actions brought against any architect, professional engineer or land surveyor.
Claims arising during 7th year can be brought within one year of date of injury, but no more than 8 years.
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State of Delaware
9 Years
10 Del. C. § 8127
Substantial completion of improvement to real property.

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Dist. of Columbia
13 Years
D.C. Code § 12-310
Substantial completion of improvement to real property.

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State of Florida
13 Years
F.S.A. § 95.11
After improvement to real property.
(From possession of owner, issuance of cert of occupancy, date of abandonment of construction, or termination of the contract b/w the professional engineer, registered architect or licensed contractor, whichever date is latest.)
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State of Georgia
13 Years
O.C.G.A. § 9-3-51
Substantial completion to improvement to real property
.If claim occurs in 7th or 8th year after substantial completion must be brought within two years of injury.
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State of Hawaii
11 Years
Stat. § 657-8
Completion of improvement to real property, but two years after accrual.

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State of Idaho
13 Years
Idaho Code § 5-241.
Final completion of improvement to real property.

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State of Illinois
9 Years
735 I.L.C.S. § 5/13- 214
After improvement to real property, but after person had knowledge, four years.

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State of Indiana
13 Years
I.C. § 32-30-1-5
Substantial completion of improvement.
12 years post completion and submission of plans and specs to owner if design defect is found.
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State of Iowa
13 Years
I.C.A. § 614.1
Actions related to residential construction or 8 years for any other kind of improvement to real property.

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State of Kansas
13 Years
K.S.A. § 60-513(b)
General 10-year Statute of Repose for all tort cases.

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State of Kentucky
13 Years
K.R.S. § 413.135(1)
Substantial completion of improvement to real property.

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State of Louisiana
10 Years
La R.S. 9:2772; L.S.A.-C.C. § 9:2772; L.S.A.-C.C. Art. § 3500; L.S.A.-C.C. § 9:2762.
Date owner takes possession of (accepts) the improvement to real property.
Differences for wood or brick-filled buildings and stone or brick (refer to statute specifics).
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State of Maine
8 Years
14 M.R.S.A. § 752-A
Substantial completion of the project or services rendered.
No more than 4 years after discovery of malpractice or negligence of architect or engineer.
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State of Maryland
13 Years
Md. Code Ann. § 5-108
Substantial completion of improvement to real property.

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State of Massachusetts
23 Years
Mass. Ann. Laws Ch. 260 § 2B
Substantial completion of improvement to real property and owner taking possession of improvement.

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State of Michigan
9 Years
M.C.L.A. § 600.5839(1)(a); M.C.L.A. § 600.5839(1)(b).
After occupancy, use, or acceptance of the improvement.
If defect results from gross negligence of architect or engineer, action must be brought within 1 year after defect discovered.
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State of Minnesota
9 Years
M.S.A. § 541.051; M.S.A. § 541.051(1)(d)
Substantial completion of improvement to real property.
Plus two years after discovery, no more than 12, unless negligent “maintenance, operation, or inspection of the real property improvement.”
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State of Mississippi
13 Years
M.C.A. § 15-1-41
Written acceptance or actual occupancy for design or construction of improvement to real property.

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State of Missouri
9 Years
Mo. Rev. Stat. § 516.097
From actions for improvement to real property.

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State of Montana
13 Years
Mont. Stat. § 27-2-208
Completion of improvement of real property.

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State of Nebraska
13 Years
Neb. Rev. Stat. § 25-223
Actions for breach of warranty for improvement to real property.

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State of Nevada
13 Years
N.R.S. § AB 125, § 2 (2015)
Substantial completion, unless tolled. (New universal law, enacted 2015)

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State of New Hampshire
5 Years
N.H. Rev. Stat. Ann. § 508: 4-b
Substantial completion of improvement to real property.

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State of New Jersey
11 Years
N.J.S.A. § 2A: 14-1.1
Completion of improvement to real property.

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State of New Mexico
13 Years
N.M.S.A. § 37-1-27
Substantial completion of improvement to real property.

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State of New York
13 Years
N.Y. C.P.L.R. § 214-d; 85 N.Y.2d 535 (N.Y. App. 1995)
No statute of repose, but after 10 years, notice of suit must be given to party responsible for professional performance (engineers and architects).

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State of North Carolina
13 Years
N.C.G.S.A. § 1-50
Date of “last act of defendant” or “substantial completion” by the improvement.

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State of North Dakota
9 Years
N.D.C.C. § 28-01-44
Improvement to real property.

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State of Ohio
13 Years
O.R.C.A. § 2305.131
Substantial completion of improvement to real property.
If discovered < 2 years before expiration, may bring action within two years from discovery.
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State of Oklahoma
13 Years
Okla. Stat. Ann. Tit. 12 § 109.
Substantial completion of improvement to real property.

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State of Oregon
13 Years
O.R.S. § 12.135.
Substantial completion of improvement to real property.

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State of Pennsylvania
13 Years
42 P.S. § 5536.
Substantial completion of improvement.
Period extended to 14 years if injury occurrs between 10th and 12th.
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State of Rhode Island
15 Years
R.I.G.L. §9-1-29.
Substantial completion of improvement to real property.

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State of South Carolina
13 Years
S.C. Code Ann. § 15-3-640.
Substantial completion of improvement to real property.

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State of South Dakota
11 Years
S.D.C.L. § 15-2A-3
Substantial completion of improvement.
If during 10th year,within one year after injury, but not more than 11 years.
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State of Tennessee
13 Years
T.C.A. § 28-3-202
Substantial completion of improvement to real property;

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State of Texas
7 Years
Tex. Civ. Prac. & Rem. Code § 16.008; Tex. Civ. Prac. & Rem. Code § 16.009
Substantial completion of improvement to real property.
If claim during this period, may be extended two years from date of claim; If injury occurs during 10th year, up to two years after accrual.
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State of Utah
13 Years
U.C.A. § 78B-2-225
Substantial completion of improvement to real property.

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State of Vermont
9 Years
Vt. Stat. Ann. Tit. 27A, § 4-116(a)
After cause of action arises where “Common Interest Ownership community (condominium, planned community, or real estate cooperative) involved.”

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State of Virginia
9 Years
Va. St. § 8.01-250
Improvement to real property for injuries resulting from ordinary building materials.

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State of Washington
8 Years
R.C.W.A. § 4.16.310; R.C.W.A. § 4.16.300
Substantial completion of construction on improvement to real property.

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State of West Virginia
9 Years
W. Va. Code § 55-2-6a
After occupying or acceptance of real property by owner.

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State of Wisconsin
13 Years
Wis. Stat. § 893.89
Substantial completion of improvement to real property.

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State of Wyoming
13 Years
Wyo. Stat. § 1-3-111
Substantial completion of improvement to real property. Wyo. Stat. § 1-3-111.

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Do you have a document retention strategy in place for your construction projects?
If a lawsuit were to be filed on any of your last 5 projects, would you have the documentation necessary to protect yourself?
Do you realize, regardless of what role you play on a project, you are subject to legal hold requirements?