Statute of Limitations for Construction Defects
Kegler Brown Construction Newsletter November 1, 1994
Under Ohio law, there is considerable confusion as to what period of time a person has to file suit (the "statute of limitations") for construction defects. In Drater v. Willard Constr. Co. (1994), 93 Ohio App.3d 443, the Court of Appeals for Lorain County struggled with this issue and found that the owner had only:
- Two years from the date the claim arose for damage to personal property; and
- Four years from the date the claim arose for damage to real estate to file a lawsuit, even if the suit was filed timely within Ohio's 10 year "statute of repose."