New Jersey Statutes

N.J. Stat. § 2A:14-1.1 (2026)

Damages for injury from unsafe condition of improvement to real property; statute of limitations; exceptions; terms defined

✓ current as of May 2026
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1. a. No action, whether in contract, in tort, or otherwise, to recover damages for any deficiency in the design, planning, surveying, supervision or construction of an improvement to real property, or for any injury to property, real or personal, or for an injury to the person, or for bodily injury or wrongful death, arising out of the defective and unsafe condition of an improvement to real property, nor any action for contribution or indemnity for damages sustained on account of such injury, shall be brought against any person performing or furnishing the design, planning, surveying, supervision of construction or construction of such improvement to real property, more than 10 years after the performance or furnishing of such services and construction. This limitation shall serve as a bar to all such actions, both governmental and private, but shall not apply to actions against any person in actual possession and control as owner, tenant, or otherwise, of the improvement at the time the defective and unsafe condition of such improvement constitutes the proximate cause of the injury or damage for which the action is brought.

b. This section shall not bar an action by a governmental unit:

(1) on a written warranty, guaranty or other contract that expressly provides for a longer effective period;

(2) based on willful misconduct, gross negligence or fraudulent concealment in connection with performing or furnishing the design, planning, supervision or construction of an improvement to real property;

(3) under any environmental remediation law or pursuant to any contract entered into by a governmental unit in carrying out its responsibilities under any environmental remediation law; or

(4) Pursuant to any contract for application, enclosure, removal or encapsulation of asbestos.

c. As used in this section:

"Asbestos " shall have the meaning as defined in subsection a. of section 3 of P.L.1984, c.173 (C.34:5A-34) and any regulations adopted pursuant thereto.

"Environmental remediation law" means chapter 10B of Title 58 of the Revised Statutes (C.58:10B-1 et seq.) and any regulations adopted pursuant thereto.

"Governmental"means the State, its political subdivisions, any office, department, division, bureau, board, commission or public authority or public agency of the State or one of its political subdivisions, including but not limited to, a county or a municipality and any board, commission, committee, authority or agency which is not a State board, commission, committee, authority or agency.

2A:14-1.2 Civil actions commenced by the State, 10 years; "State" defined; exceptions.

2. a. Except where a limitations provision expressly and specifically applies to actions commenced by the State or where a longer limitations period would otherwise apply, and subject to any statutory provisions or common law rules extending limitations periods, any civil action commenced by the State shall be commenced within ten years next after the cause of action shall have accrued.

b. For purposes of determining whether an action subject to the limitations period specified in subsection a. of this section has been commenced within time, no such action shall be deemed to have accrued prior to January 1, 1992.

c. As used in this act, the term "State" means the State, its political subdivisions, any office, department, division, bureau, board, commission or agency of the State or one of its political subdivisions, and any public authority or public agency, including, but not limited to, the New Jersey Transit Corporation.

The provisions of this section shall not apply to any civil action commenced by the State concerning the remediation of a contaminated site or the closure of a sanitary landfill facility, or the payment of compensation for damage to, or loss of, natural resources due to the discharge of a hazardous substance, and subject to the limitations period specified in section 5 of P.L.2001, c.154 (C.58:10B-17.1).

Notes of Decisions
Cited in 40 cases (7 in the last 5 years), 1975–2025 · leading case: Yurecko v. Port Auth. Trans-Hudson Corp., 279 F. Supp. 2d 606 (D.N.J. 2003).
Yurecko v. Port Auth. Trans-Hudson Corp., 279 F. Supp. 2d 606 (D.N.J. 2003). · cites it 5× “On March 24, 2003, Parsons and Musca-relle brought a motion for summary judgment seeking dismissal of PATH’S Third-Party claim under New Jersey’s Statute of Repose, N.J.S.A. 2A:14-1.1. On April 14, 2003, oral argument was heard on this matter.”
Pub. Serv. Elec. v. Newport Assocs. Dev., 365 F. Supp. 3d 506 (D.N.J. 2019). · cites it 14× “" Compare N.J. Stat. Ann. § 2A:14-1.1 (no definition of "improvement") with N.”
The Palisades at Fort Lee Condo. Ass'n, Inc. v. 100 Old Palisades, LLC, 169 A.3d 473 (N.J. 2017). · cites it 4× “” The panel concluded that plaintiff filed its complaints against defendants within the six-year limitations period, which commenced on June 13, 2007.”
Cumberland Cnty. Bd. of Chosen Freeholders Vs. vitetta Grp., P.C., 71 A.3d 235 (N.J. Super. Ct. App. Div. 2013). · cites it 7× “2, which is a statute of limitations governing civil actions commenced by the State or its political subdivisions, and N.J.S.A. 2A:14-1.1, which is a statute of repose governing recovery of damages for any deficiency in the design, planning, surveying, supervision or…”
Joseph Cherilus v. Fed. Express, 87 A.3d 269 (N.J. Super. Ct. App. Div. 2014). · cites it 5× “The trial court granted summary judgment to American Lifts on the ground that the claims against it were barred by the ten- year statute of repose applicable to construction defects, N.J.S.A. 2A:14-1.1(a). Subsequently, LFS settled with plaintiffs on their personal injury claims.”
Neuner v. C.G. Realty Capital Ventures-I, L.P. (In Re Sharps Run Assocs., L.P.), 157 B.R. 766 (D.N.J. 1993). · cites it 4× “2d 488 (1986) (denying tolling for child plaintiff’s minority). New Jersey courts have also made the distinction between statutes of limitations and statutes of repose, but primarily with regard to one particular statute — N.”
Amelia Woessner v. Air Liquide, Inc., 242 F.3d 469 (3d Cir. 2001). · cites it 2× “"N.J.S.A. 2A:14-1.1 was adopted, effective May 18, 1967, as a legislative response to the then expanding liability concepts in this jurisdiction concerning the legal responsibility of contractors, architects, engineers, and others involved in creating improvements to real estate.”
Terry v. New Mexico State High. Comm'n, 645 P.2d 1375 (N.M. 1982). · cites it 2× “As do many of its counterparts in other states, N.J.S.A. 2A:14-1.1 impliedly incorporates the tort limitation act generally applying to all personal injury actions.”
Integrity Floorcovering, Inc. v. Broan-Nutone, LLC, 521 F.3d 914 (8th Cir. 2008). “át 290 (quoting N.J. Stat. Ann. § 2A:14-1.1). The Minnesota statute is much broader, specifically protecting “any person .”
Cinnaminson Twp. Bd. of Educ. v. U.S. Gypsum Co., 552 F. Supp. 855 (D.N.J. 1982). · cites it 2× “The warranty claims, however, are clearly barred by the four-year statute of limitations contained in section 2-725.”
Sartori v. Harnischfeger Corp., 432 N.W.2d 448 (Minn. 1988). “§ 508:4-b (1983); NJ. Stat.Ann. § 2A:14-1.1 (West 1987); N.”
Horosz v. Alps Estates, Inc., 642 A.2d 384 (N.J. 1994). · cites it 2× “Alps’ answer included a defense based on N.J.S.A 2A:14-1.1, the ten-year statute of repose.”
N.J. Stat. § 2A:14-1.1(a): 14 cases
The Palisades at Fort Lee Condo. Ass'n, Inc. v. 100 Old Palisades, LLC, 169 A.3d 473 (N.J. 2017). “” The panel concluded that plaintiff filed its complaints against defendants within the six-year limitations period, which commenced on June 13, 2007.”
Pub. Serv. Elec. v. Newport Assocs. Dev., 365 F. Supp. 3d 506 (D.N.J. 2019). “" Compare N.J. Stat. Ann. § 2A:14-1.1 (no definition of "improvement") with N.”
Joseph Cherilus v. Fed. Express, 87 A.3d 269 (N.J. Super. Ct. App. Div. 2014). “The trial court granted summary judgment to American Lifts on the ground that the claims against it were barred by the ten- year statute of repose applicable to construction defects, N.J.S.A. 2A:14-1.1(a). Subsequently, LFS settled with plaintiffs on their personal injury claims.”
Horning v. Penrose Plumbing & Heating Inc., 2014 WY 133, 336 P.3d 151.
Rachel Kranz v. Steven Schuss, M.D., 146 A.3d 647 (N.J. Super. Ct. App. Div. 2016).
N.J. Stat. § 2A:14-1.1(b): 1 case
City of Elizabeth v. Reinforced Earth Co., No. UNN-L-536-19 (N.J. Super. Ct. App. Div. Sept. 12, 2024).
N.J. Stat. § 2A:14-1.1(b)(1): 1 case
City of Elizabeth v. Reinforced Earth Co., No. UNN-L-536-19 (N.J. Super. Ct. App. Div. Sept. 12, 2024).
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