Statu of Repose + Statute of Limitations. A math sum?

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Ulises Bea

September 01, 2024 13:05

In here you can see a question from a FIU (FL) course for PjM. Seems Repose overrules Limitations.

In the other hand, as Schiffer explanation in the second conference about B101 8.1.1 https://youtu.be/gDNRGtq0Hp8?si=OZSkq5Igax4WjICc (min 1:17:50) for IL State, he do a math sum of both Statutes, and thats your term for made a claim.

What do apply for the exam?

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  Gisele El Baaklini September 03, 2024 16:29

  I believe that AHPP-15th Edition advances that some states comply by statute of limitation (limit= 10 years from discovery of issue) and other states comply by statute of repose (limit = 6 years from potential claim discovery). Anyone could expand on AHPP's explanation?

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  Ulises Bea September 05, 2024 00:34

  Gisele, Thanks for the response. Surfing the Web just found this: https://www.passtheare.com/statute-of-repose-vs-statute-of-limitations-on-the-are-5-0

  Hope it helps a little more.

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  Gisele El Baaklini September 05, 2024 00:49

  The explanation conveyed in the AHPP 15th Edition (Page 176) differs. For example, per the AHPP, Statute of Limitation is for negligence claims that could be filed 3 to 10 years after completion of the project. If the aggrieved party knew about the potential claim during construction, they would be able to commence litigation just before the statute of limitation expires.  

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  Gisele El Baaklini September 05, 2024 00:53

  Also, per AHPP 15th edition, page 176, Statute of Limitation starts after substantial completion. Its time frame is 2 to 6 years after substantial completion. If a plaintiff knows about a potential claim at the time the project was substantially complete, they cannot commence litigation 2 years later.  All claims would be barred after 6 years.

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