§ 5536. Construction projects.
(a) General rule.--Except as provided in subsection (b), a civil action or proceeding brought against
any person lawfully performing or furnishing the design, planning, supervision or
observation of construction, or construction of any improvement to real property must
be commenced within 12 years after completion of construction of such improvement
to recover damages for:
(1) Any deficiency in the design, planning, supervision or observation of construction
or construction of the improvement.
(2) Injury to property, real or personal, arising out of any such deficiency.
(3) Injury to the person or for wrongful death arising out of any such deficiency.
(4) Contribution or indemnity for damages sustained on account of any injury mentioned
in paragraph (2) or (3).
(b) Exceptions.--
(1) If an injury or wrongful death shall occur more than ten and within 12 years after
completion of the improvement a civil action or proceeding within the scope of subsection
(a) may be commenced within the time otherwise limited by this subchapter, but not
later than 14 years after completion of construction of such improvement.
(2) The limitation prescribed by subsection (a) shall not be asserted by way of defense
by any person in actual possession or control, as owner, tenant or otherwise, of such
an improvement at the time any deficiency in such an improvement constitutes the proximate
cause of the injury or wrongful death for which it is proposed to commence an action
or proceeding.
(c) No extension of limitations.--This section shall not extend the period within which any civil action or proceeding
may be commenced under any provision of law.
(Apr. 28, 1978, P.L.202, No.53, eff. 60 days)
1978 Amendment. Act 53 amended subsecs. (a) and (b).
Notes of Decisions
Vargo v. Koppers Co., Inc., 715 A.2d 423 (Pa. 1998).
· cites it 11× “The issues in this appeal are whether 42 Pa.C.S. § 5536 is a statute of limitations or a statute of repose, and whether the piece of machinery at issue here constitutes an “improvement to real property” within the meaning of the statute.”
Venema, M. v. Moser Builders, 284 A.3d 208 (Pa. Super. Ct. 2022).
· cites it 6× “Moser moved for judgment on the pleadings on the ground that Appellants’ claims were time-barred by the 12-year Statute of Repose (42 Pa.C.S. § 5536) for actions concerning construction defects.”
Gilbert, R. v. Synagro Cent. Aplts, 131 A.3d 1 (Pa. 2015).
· cites it 3× “1994) (reversing grant of summary judgment where there was genuine issue of material fact regarding extent of manufacturer’s involvement in planning, design, or construction of structure at issue, when such involvement was required for statute of repose pertaining to…”
McCormick v. Columbus Conveyer Co., 564 A.2d 907 (Pa. 1989).
· cites it 4× “Rust and Sordoni filed motions for summary judgment, asserting that the twelve year statute of repose set out in 42 Pa. C.S. § 5536 barred the action. In that section, the General Assembly has provided: (a) General Rule.”
McConnaughey v. Bldg. Components, Inc., 637 A.2d 1331 (Pa. 1994).
· cites it 4× “The issue presented on appeal is whether a manufacturer of a product, which is incorporated into an improvement to real property by others, is entitled to the protection afforded under 42 Pa.C.S. § 5536, the twelve year statute of repose.”
Johnson, L. v. Toll Bros., 302 A.3d 1231 (Pa. Super. Ct. 2023).
· cites it 6× “] 42 Pa.C.S. § 5536(a) (emphasis added). A party asserting a Statute of Repose defense must, therefore, show that (1) the project involved a lawful improvement to real property; (2) over 12 years have elapsed from the completion of the improvement to commencement of the action;…”
Altoona Area Sch. Dist. v. Campbell, 618 A.2d 1129 (Pa. Commw. Ct. 1992).
· cites it 5× “2 Appellants filed motions for summary judgment asserting a clear right to relief as a matter of law based on section 5536 of the Judicial Code, 42 Pa.C.S. § 5536. Section 5536 states that a civil action brought against any person lawfully performing the design, planning,…”
Ashdale, T. v. Guidi Homes, 248 A.3d 521 (Pa. Super. Ct. 2021).
· cites it 3× “42 Pa.C.S. § 5536. 2 Appellants filed a timely motion to vacate and for reconsideration of October 31, 2019 order (motion for reconsideration).”
Beaver v. Dansk Industri Syndicat a/s (disa), 838 F. Supp. 206 (E.D. Pa. 1993).
· cites it 9× “Defendants’ sole argument is that Pennsylvania’s twelve-year statute of re *209 pose set forth in 42 Pa.C.S. § 5536 bars plaintiffs action.”
Graver v. Foster Wheeler Corp., 96 A.3d 383 (Pa. Super. Ct. 2014).
· cites it 4× “The dispositive issue arises from Foster Wheeler’s claim that the statute of repose for improvements to real property contained in 42 Pa. Cons. Stat.Ann. § 5536 bars all of the Gravers’ claims against it.”
Noll by Noll v. Harrisburg Area YMCA, 643 A.2d 81 (Pa. 1994).
· cites it 2× “I concur in the Majority's conclusion that the trial court did not abuse its discretion in denying Sta-Rite's Motion to Amend its Answer and New Matter to plead the statute of repose found at 42 Pa.C.S. § 5536. More specifically, I agree that Sta-Rite is not entitled to assert…”
— 42 Pa. Cons. Stat. § 5536(a) — 24 cases
Venema, M. v. Moser Builders, 284 A.3d 208 (Pa. Super. Ct. 2022).
“Moser moved for judgment on the pleadings on the ground that Appellants’ claims were time-barred by the 12-year Statute of Repose (42 Pa.C.S. § 5536) for actions concerning construction defects.”
Graver v. Foster Wheeler Corp., 96 A.3d 383 (Pa. Super. Ct. 2014).
“The dispositive issue arises from Foster Wheeler’s claim that the statute of repose for improvements to real property contained in 42 Pa. Cons. Stat.Ann. § 5536 bars all of the Gravers’ claims against it.”
Johnson, L. v. Toll Bros., 302 A.3d 1231 (Pa. Super. Ct. 2023).
“] 42 Pa.C.S. § 5536(a) (emphasis added). A party asserting a Statute of Repose defense must, therefore, show that (1) the project involved a lawful improvement to real property; (2) over 12 years have elapsed from the completion of the improvement to commencement of the action;…”
Ashdale, T. v. Guidi Homes, 248 A.3d 521 (Pa. Super. Ct. 2021).
“42 Pa.C.S. § 5536. 2 Appellants filed a timely motion to vacate and for reconsideration of October 31, 2019 order (motion for reconsideration).”
— 42 Pa. Cons. Stat. § 5536(a)(1) — 1 case
— 42 Pa. Cons. Stat. § 5536(a)(2) — 1 case
— 42 Pa. Cons. Stat. § 5536(a)(l) — 1 case
— 42 Pa. Cons. Stat. § 5536(b) — 3 cases
Johnson, L. v. Toll Bros., 302 A.3d 1231 (Pa. Super. Ct. 2023).
“] 42 Pa.C.S. § 5536(a) (emphasis added). A party asserting a Statute of Repose defense must, therefore, show that (1) the project involved a lawful improvement to real property; (2) over 12 years have elapsed from the completion of the improvement to commencement of the action;…”
— 42 Pa. Cons. Stat. § 5536(b)(1) — 5 cases
Johnson, L. v. Toll Bros., 302 A.3d 1231 (Pa. Super. Ct. 2023).
“] 42 Pa.C.S. § 5536(a) (emphasis added). A party asserting a Statute of Repose defense must, therefore, show that (1) the project involved a lawful improvement to real property; (2) over 12 years have elapsed from the completion of the improvement to commencement of the action;…”
— 42 Pa. Cons. Stat. § 5536(b)(2) — 2 cases
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