Mich. Comp. Laws » Michigan Compiled Laws / Chapter 600 / Act 236 of 1961

Mich. Comp. Laws § 600.5839

Period of limitations on actions against licensed architect, professional engineer, contractor, or licensed professional surveyor; definitions; applicability.

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REVISED JUDICATURE ACT OF 1961


Act 236 of 1961


600.5839 Period of limitations on actions against licensed architect, professional engineer, contractor, or licensed professional surveyor; definitions; applicability.

Sec. 5839.

    (1) A person shall not maintain an action to recover damages for injury to property, real or personal, or for bodily injury or wrongful death, arising out of the defective or unsafe condition of an improvement to real property, or an action for contribution or indemnity for damages sustained as a result of such injury, against any state licensed architect or professional engineer performing or furnishing the design or supervision of construction of the improvement, or against any contractor making the improvement, unless the action is commenced within either of the following periods:

    (a) Six years after the time of occupancy of the completed improvement, use, or acceptance of the improvement.

    (b) If the defect constitutes the proximate cause of the injury or damage for which the action is brought and is the result of gross negligence on the part of the contractor or licensed architect or professional engineer, 1 year after the defect is discovered or should have been discovered. However, an action to which this subdivision applies shall not be maintained more than 10 years after the time of occupancy of the completed improvement, use, or acceptance of the improvement.

    (2) A person shall not maintain an action to recover damages based on error or negligence of a licensed professional surveyor in the preparation of a survey or report more than 6 years after the survey or report is recorded or is delivered to the person for whom it was made or the person's agent.

    (3) As used in this section:

    (a) "Contractor" means an individual, corporation, partnership, or other business entity that makes an improvement to real property.

    (b) "State licensed architect or professional engineer" or "licensed professional surveyor" means an individual so licensed, or a corporation, partnership, or other business entity on behalf of whom the state licensed architect or professional engineer or licensed professional surveyor is performing or directing the performance of the architectural, professional engineering, or land surveying service.

    (4) The amendments to this section made by the 2011 amendatory act that added this subsection apply to causes of action that accrue on or after the effective date of that amendatory act.

History: Add. 1967, Act 203, Eff. Nov. 2, 1967 ;-- Am. 1985, Act 188, Eff. Mar. 31, 1986 ;-- Am. 2011, Act 162, Eff. Jan. 1, 2012

Constitutionality Notes:

    In O'Brien v Hazelet & Erdal, 410 Mich 1; 299 NW2d 336 (1980), the Michigan supreme court held that this statute does not violate constitutional precepts of due process and equal protection.

Notes of Decisions
Cited in 103 cases (9 in the last 5 years), 1972–2025 · leading case: Ostroth v. Warren Regency, GP, LLC
Sort: Relevance Newest Treatment
Ostroth v. Warren Regency, GP, LLC (2006) mich · cites it 58× “This architectural malpractice case poses the issue whether MCL 600.5839 is only a statute of repose, in which case MCL 600.”
Miller-Davis Co. v. Ahrens Construction Inc. (2011) mich · cites it 49× “*362 (14) The period of limitations for an action against a state licensed architect, professional engineer, land surveyor, or contractor based on an improvement to real property shall be as provided in [MCL 600.5839]. MCL 600.5839 provides: (1) No person may maintain any action…”
Caron v. Cranbrook Educational Community (2012) michctapp · cites it 13× “116(C)(7) and (10), each arguing that MCL 600.5839 barred plaintiffs’ lawsuit. The crux of this case and appeal is whether the PRP that fell on Caron constituted “an improvement to real property” under MCL 600.”
Trentadue v. Buckler Automatic Lawn Sprinkler Company (2007) mich · cites it 6× “5838a(2); actions brought against certain defendants alleging injuries from unsafe property, MCL 600.5839(1); and actions alleging that a person who may be liable for the claim fraudulently concealed the existence of the claim or the identity of any person who is liable for the…”
Citizens Insurance v. Scholz (2006) michctapp · cites it 18× “v The statute of repose, MCL 600.5839, was specifically enacted to protect architects and engineers from “latent defect” claims that often arose many years after an improvement to real property was completed.”
Miller-Davis Co. v. Ahrens Construction, Inc. (2009) michctapp · cites it 25× “PROCEDURAL HISTORY REGARDING THE STATUTE OF REPOSE The statute of repose at issue, MCL 600.5839, provides, in pertinent part: (1) No person may maintain any action to recover damages for any injury to property, real or personal, or for bodily injury or wrongful death, arising…”
Poly-Flex Construction, Inc. v. Neyer, Tiseo & Hindo, Ltd. (2008) miwd · cites it 26× “The last possibility is the statute governing certain claims against professional, licensed engineers and architects ( Mich. Comp. Laws § 600.5839 ) related to injuries caused by defective, unsafe improvement to real property.”
Cliffs Forest Products Co. v. Al Disdero Lumber Co. (1985) michctapp · cites it 15× “A motion for accelerated judgment on the third-party complaint was filed by Ebeling based on the period of limitations contained in MCL 600.5839; MSA 27A.5839. The motion was granted on January 23, 1984.”
Frankenmuth Mutual Insurance v. Marlette Homes, Inc. (1998) mich · cites it 6× “In May 1993, Frankenmuth Mutual sued Marlette Homes and Coachmen Industries, Inc., alleging that a poorly designed vent fan had caused “electrical arcing,” which led to the fire.”
Ostroth v. Warren Regency, GP, LLC (2004) michctapp · cites it 9× “5805(8), 3 or the specific six-year statute of limitations applicable to professional negligence claims against architects, engineers, and contractors, MCL 600.5839, applies in this case. We hold that MCL 600.”
Bouser v. City of Lincoln Park (1978) michctapp · cites it 12× “, filed a motion for summary and/or accelerated judgment, contending that MCL 600.5839; MSA 27A.5839 establishes a six-year statute of limitations for personal injury claims arising from the performance, furnishing of designs or supervision of construction by registered *170…”
Miller-Davis Co. v. Ahrens Construction, Inc. (2014) mich · cites it 2× “Although the court found that “no claims, suits, actions, recoveries, or demands were ever made or recovered” by Sherman Lake YMCA against Miller-Davis, it found that Miller-Davis had nonetheless suffered damages as a result of Ahrens’s deficient work and awarded Miller-Davis…”
Show all 103 citing cases →
— Mich. Comp. Laws § 600.5839(1) — 66 cases
Ostroth v. Warren Regency, GP, LLC (2006) mich “This architectural malpractice case poses the issue whether MCL 600.5839 is only a statute of repose, in which case MCL 600.”
Miller-Davis Co. v. Ahrens Construction Inc. (2011) mich “*362 (14) The period of limitations for an action against a state licensed architect, professional engineer, land surveyor, or contractor based on an improvement to real property shall be as provided in [MCL 600.5839]. MCL 600.5839 provides: (1) No person may maintain any action…”
Trentadue v. Buckler Automatic Lawn Sprinkler Company (2007) mich “5838a(2); actions brought against certain defendants alleging injuries from unsafe property, MCL 600.5839(1); and actions alleging that a person who may be liable for the claim fraudulently concealed the existence of the claim or the identity of any person who is liable for the…”
Citizens Insurance v. Scholz (2006) michctapp “v The statute of repose, MCL 600.5839, was specifically enacted to protect architects and engineers from “latent defect” claims that often arose many years after an improvement to real property was completed.”
Miller-Davis Co. v. Ahrens Construction, Inc. (2009) michctapp “PROCEDURAL HISTORY REGARDING THE STATUTE OF REPOSE The statute of repose at issue, MCL 600.5839, provides, in pertinent part: (1) No person may maintain any action to recover damages for any injury to property, real or personal, or for bodily injury or wrongful death, arising…”
— Mich. Comp. Laws § 600.5839(1)(a) — 10 cases
Federated Mutual Insurance Company v. Corlin Builders (2023) michctapp
Estate of Susan K Arrington v. County of Lake (2017) michctapp
Estate of Susan K Arrington v. County of Lake (2017) michctapp
Rose Sfraga v. Sanctuary at Fraser Villa (2018) michctapp
Steven Hinderer v. Marcus Snyder (2019) michctapp
— Mich. Comp. Laws § 600.5839(1)(b) — 7 cases
Brian McLain v. Richard Lobert (2024) mich
Estate of Susan K Arrington v. County of Lake (2017) michctapp
Estate of Susan K Arrington v. County of Lake (2017) michctapp
Center Street Lofts Condominium Assn v. Center Street Partners LLC (2016) michctapp
Federated Mutual Insurance Company v. Corlin Builders (2023) michctapp
— Mich. Comp. Laws § 600.5839(2) — 1 case
Poly-Flex Construction, Inc. v. Neyer, Tiseo & Hindo, Ltd. (2008) miwd “The last possibility is the statute governing certain claims against professional, licensed engineers and architects ( Mich. Comp. Laws § 600.5839 ) related to injuries caused by defective, unsafe improvement to real property.”
— Mich. Comp. Laws § 600.5839(3) — 1 case
Poly-Flex Construction, Inc. v. Neyer, Tiseo & Hindo, Ltd. (2008) miwd “The last possibility is the statute governing certain claims against professional, licensed engineers and architects ( Mich. Comp. Laws § 600.5839 ) related to injuries caused by defective, unsafe improvement to real property.”
— Mich. Comp. Laws § 600.5839(3)(a) — 1 case
Joel Bogorad v. Otis Elevator Company (2024) michctapp
— Mich. Comp. Laws § 600.5839(3)(b) — 1 case
Center Street Lofts Condominium Assn v. Center Street Partners LLC (2016) michctapp
— Mich. Comp. Laws § 600.5839(4) — 7 cases
Frankenmuth Mutual Insurance v. Marlette Homes, Inc. (1998) mich “In May 1993, Frankenmuth Mutual sued Marlette Homes and Coachmen Industries, Inc., alleging that a poorly designed vent fan had caused “electrical arcing,” which led to the fire.”
Miller-Davis Co. v. Ahrens Construction, Inc. (2009) michctapp “PROCEDURAL HISTORY REGARDING THE STATUTE OF REPOSE The statute of repose at issue, MCL 600.5839, provides, in pertinent part: (1) No person may maintain any action to recover damages for any injury to property, real or personal, or for bodily injury or wrongful death, arising…”
Matthews v. Beloit Corp. (1992) miwd
Dominguez v. LANHAM MACHINERY CO., INC. (2000) miwd
Phillips v. Langston Corp. (1999) mied
— Mich. Comp. Laws § 600.5839(6) — 2 cases
Frankenmuth Mutual Insurance v. Marlette Homes, Inc. (1998) mich “In May 1993, Frankenmuth Mutual sued Marlette Homes and Coachmen Industries, Inc., alleging that a poorly designed vent fan had caused “electrical arcing,” which led to the fire.”
Abbott v. John E. Green Co. (1999) michctapp
— Mich. Comp. Laws § 600.5839(l)(a) — 1 case
Caron v. Cranbrook Educational Community (2012) michctapp “116(C)(7) and (10), each arguing that MCL 600.5839 barred plaintiffs’ lawsuit. The crux of this case and appeal is whether the PRP that fell on Caron constituted “an improvement to real property” under MCL 600.”
— Mich. Comp. Laws § 600.5839(l)(h) — 1 case
Caron v. Cranbrook Educational Community (2012) michctapp “116(C)(7) and (10), each arguing that MCL 600.5839 barred plaintiffs’ lawsuit. The crux of this case and appeal is whether the PRP that fell on Caron constituted “an improvement to real property” under MCL 600.”
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