In the case of Tuslaw Local School Dist. Bd. of Edn. v. CT Taylor Co., Inc., 2019-Ohio-1731, an Ohio appellate court held that Ohio’s construction statute of repose – i.e., R.C. 2305.131 –restricts the time lawsuits may be brought by public entities based on construction incidences to ten years after an incidence occurs.
In prior decisions by Ohio courts, Ohio’s construction statute of repose has been used to prevent public entities – such as schools – from bringing negligence and other tort claims based on faulty construction or repairs of public buildings.
In this case, a public school argued that the statute of repose should not apply to breach of contract claims when the construction or repairs were not completed in specification to the contract. The Ohio appellate court disagreed and held that the statute of repose applies to the claims asserted by this public school.
To read this case, click here.
Authors: Matthew John Markling and the McGown & Markling Team.
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.