Construction Defect Statute of Limitations: The Deadlines HOA Boards Inherit

Two deadlines control every construction defect claim. The statute of limitations sets how long you have to file once a defect is discovered or causes damage. The statute of repose is an absolute cutoff that runs from the date construction was substantially completed, whether or not anyone knew a defect existed. Miss either one and the claim is usually gone.

For HOA construction defect support, the repose deadline creates a specific risk. The clock usually starts when the building is finished, and the developer often still controls the board at that point. By the time homeowners take over, years of the repose period may already be gone.

This guide covers how the two deadlines work, what they are in the six states where AMPR Consulting works, and what a board should do when a deadline is close.

Statute of Limitations vs. Statute of Repose

Statute of limitations: a filing deadline that usually starts when the defect is discovered, should have been discovered, or causes damage. Different claims have different periods. Negligence and breach of contract often carry separate clocks for the same defect.

Statute of repose: an outer limit that starts at substantial completion, meaning the point when the building is complete enough to be used for its intended purpose. Repose doesn’t care when the defect was found. A defect discovered one day after the repose period ends is usually barred.

The practical rule: limitations depends on what you knew and when; repose depends only on the calendar. A board that tracks only the discovery date can lose a claim it never knew it had.

Construction Defect Deadlines by State

State	Statute of repose	Statute of limitations	Pre-suit requirement
California	10 years for latent defects, 4 years for patent defects	3 years for property damage, 4 years for written contract	Right to Repair Act (SB 800) prelitigation process for newer residential units
Texas	10 years, with a possible 2-year extension	2 years for negligence, 4 years for contract	60-day notice under the Residential Construction Liability Act for homes and condominium units
Florida	7 years (shortened from 10 in 2023)	4 years	Chapter 558 notice: 60 days, or 120 days for associations of more than 20 parcels
Nevada	10 years (restored in 2019)	Varies by claim type	NRS Chapter 40 notice and inspection
Arizona	8 years for contract and implied warranty claims, up to 9 in limited cases	2 years for negligence, 6 years for written contract	Purchaser Dwelling Act notice for residential claims
New York	None	3 years for property damage, 6 years for contract	No statewide defect notice statute

These are the general rules. Exceptions, tolling, and the facts of your building can move any of these dates, so confirm your deadlines with counsel.

California

Code of Civil Procedure section 337.15 sets a 10-year outer limit for latent defects, and section 337.1 sets 4 years for patent defects, meaning defects a reasonable inspection would reveal. For residential units sold on or after January 1, 2003, the Right to Repair Act sets component-specific periods within that 10-year window and requires a prelitigation notice process before suit. Section 337.15 does not protect a party that engaged in willful misconduct or fraudulent concealment. More on construction defect claims in California.

Texas

Civil Practice and Remedies Code section 16.009 bars most claims against builders more than 10 years after substantial completion, and section 16.008 does the same for architects and engineers. If a written claim is presented during the 10-year period, the deadline extends by two years. For homes and condominium units, the Residential Construction Liability Act requires written notice at least 60 days before filing. A suit filed without that notice is abated, meaning the court pauses it until the process is followed. More on construction defect claims in Texas.

Florida

Florida cut its repose period from 10 years to 7 in 2023. Under section 95.11(3), the clock now runs from the earliest of the temporary certificate of occupancy, the certificate of occupancy, the certificate of completion, or abandonment. Guidance written before 2023 may still show the old 10-year rule. Chapter 558 requires a notice of claim before suit, and serving it tolls (pauses) the statute of limitations. It does not toll the statute of repose. More on construction defect claims in Florida.

Nevada

Nevada shortened its repose period to 6 years in 2015, then restored it to 10 years from substantial completion through Assembly Bill 421, effective October 1, 2019. The Nevada Supreme Court has applied the 10-year period to buildings completed before the change. Before filing suit, owners must follow the NRS Chapter 40 process, which includes written notice and an opportunity for the builder to inspect. More on construction defect claims in Nevada.

Arizona

A.R.S. section 12-552 bars contract and implied warranty claims more than 8 years after substantial completion. If the damage occurs or a latent defect is discovered in the eighth year, the owner gets one additional year, up to 9 years total. For residential claims, the Purchaser Dwelling Act requires written notice and a chance for the seller to respond before suit. More on construction defect claims in Arizona.

New York

New York has no statute of repose for construction defects, but that doesn’t make its deadlines generous. Under CPLR 213, a contract claim against a builder has 6 years, and New York courts start that clock at completion of the work, not at discovery of the defect. A board that finds a defect in year seven may already be out of time on its contract claim. Property damage claims carry a 3-year period. More on construction defect claims in New York.

Deadlines don’t wait for the investigation to finish. AMPR coordinates the experts and documentation behind a defect claim and works alongside your counsel on timing, starting with a no-cost initial conversation.

Map Our Claim Deadlines

Why HOA Deadlines Start Before the Board Does

Most repose periods start at substantial completion. In a new community, the developer usually controls the association during that stage, and turnover to homeowners can come years later. The incoming board inherits whatever time is left.

That’s why the first months after turnover matter so much. A transition-period review of the building, the warranties, and the construction documents shows the board which defects exist and how much time each claim has left. Our article on HOA construction defect claims in the first 90 days covers that sequence step by step.

Boards should also know that repose generally runs from original completion, not from when an owner bought a unit or when the board was seated. New owners and new board members don’t reset the clock.

What the Discovery Rule Does and Doesn’t Do

The discovery rule delays the start of a limitations period until the owner knew, or reasonably should have known, about the defect. Two limits catch boards off guard.

It doesn’t extend repose. In states with a repose statute, the outer limit stays fixed no matter when the defect was found.
“Should have known” can come early. A work order for a recurring leak, a reserve study that notes staining, or a single homeowner complaint can be argued as notice. The clock may have started before the board treated the problem as a defect.

Interim repairs add a second risk. Patching a leak can remove the evidence of how the work was installed, and the repair record itself can be used to argue earlier notice. Before any repair, document the conditions and decide whether the problem is an isolated repair or a building-wide defect.

What to Do When a Deadline Is Close

Find the substantial completion date. Pull the certificate of occupancy, the notice of completion, and the final inspection records. In Florida, also pull the temporary certificate of occupancy.
Log every defect separately. Each defect can carry its own discovery date and its own clock. Record when each one was first reported and by whom.
Preserve the evidence. Photograph and document conditions before any repair, and keep removed materials when possible.
Calendar the pre-suit notice period. In Texas, Florida, Nevada, Arizona, and for many California residential claims, the notice process has to fit inside the deadline.
Bring in counsel and a consultant early. Counsel controls the legal deadlines. A consultant builds the technical record those deadlines depend on. Here’s when to hire a construction defect consultant.

For how the technical work runs, see our article on construction defect forensic investigation.

Frequently Asked Questions

What is the statute of limitations for a construction defect?

It depends on the state and the type of claim. Across AMPR’s six markets, limitations periods generally run 2 to 6 years, and repose periods run 7 to 10 years where they exist. Start by confirming that the problem qualifies. Here’s what is a construction defect.

Does the statute of repose apply if the builder concealed the defect?

Sometimes not. California’s section 337.15 does not protect a party that engaged in willful misconduct or fraudulent concealment, and other states handle concealment through their own statutes or court decisions. The proof standard is high, so documentation of what the builder knew matters.

Our HOA already made repairs. Did we lose the claim?

Not necessarily. Repairs can disturb evidence and can be used to argue earlier notice, but the outcome depends on what was done and how well it was documented. Our HOA construction defect support starts with reviewing that repair record.

Does a pre-suit notice pause the deadline?

In some states. Florida’s Chapter 558 notice tolls the statute of limitations but not the statute of repose. Other states have their own rules, and the notice has to be served correctly to count. Confirm the tolling rules with counsel before relying on them.

We bought into the community after construction. When did our clock start?

Repose generally runs from the building’s original substantial completion, not from your purchase date. Later owners inherit whatever time remains. That’s often why a defect found years after purchase is already close to the deadline, as explained in navigating patent vs. latent issues.

The carrier says the damage is normal aging. Does that affect our deadline?

The deadline keeps running while you dispute the finding. Challenge the label with evidence early, using the four tests in construction defect vs. wear and tear, and coordinate with counsel on timing.

Does each defect have its own deadline?

Often, yes. A building with roofing, window, and plumbing defects can have several clocks running at once, each tied to its own discovery date. Mapping all of them early is part of AMPR’s construction defect claims consulting.

Know Your Dates Before You Need Them

The calendar decides more defect claims than the evidence does. Find the completion date, log each defect’s discovery date, and confirm your state’s pre-suit steps before a deadline becomes the deciding issue.

AMPR Consulting works on the association’s side, coordinating the experts, testing, and documentation a timely claim depends on. Call (310) 361-0209 or send us your building’s completion date and defect history through our contact form. The initial conversation is no-cost, and engagement terms are discussed openly before any work begins.