In the case of New Riegel Local School Dist. Bd. of Edn. v. Buehrer Group Architecture & Eng., Inc., Slip Opinion No. 2019-Ohio-2851, the Ohio Supreme Court held that Ohio’s construction statute of repose bars all types of claims – tort and breach of contract included – that are brought more than ten (10) years after substantial completion of a construction project.
In this case, a public school brought breach of contract claims against a construction company for alleged condensation, moisture intrusion, and other deficiencies in a project the construction company completed for the school more than ten (10) years prior. The construction company argued that the breach of contract claims were barred by Ohio’s construction statute of repose – a statute (i.e., R.C. 2305.131) that requires that construction project based claims be brought within ten (10) years of project completion. The public school countered that the statute of repose has traditionally been held to not bar breach of contract claims.
The Ohio Supreme Court found that the current “construction statute of repose is not limited to tort actions but also applies to contract actions that meet the requirements of the statute” and, therefore, the public school could not bring the breach of contract action. New Riegel at ¶ 26.
To read this case, click here.
Authors: Matthew John Markling, Patrick Vrobel, and John T. Sulik, Jr.
Note: This blog entry does not constitute – nor does it contain – legal advice. Legal jurisprudence is like the always changing Midwestern weather. As a result, this single blog entry cannot substitute for consultation with a McGown & Markling attorney. If legal advice is needed with respect to a specific factual situation, please feel free to contact a McGown & Markling attorney.