Maryland’s Statute Of Repose Prevents Some Construction Defect Claims In Properties More Than 10-Years-Old And Bars All Claims After 20 Years

In terms of the accrual of causes of action, Maryland abides by the discovery rule, through which a cause of action arsies when it is disovered or should have been discovered in the exercise of reasonable diligence.  Once discovered, a claim must then be instituted within 3 years under Maryland’s general statute of limitations.  However, where construction defects are concerned, the discovery rule does not permit building defect claims in older properties.  Under Maryland’s Statute of Repose, construction defect claims are absolutely barred after 20 years, regardless of when they were or could have been discovered.  Additionally, architects, professional engineers and contractors can be held liable for building defects for just 10 years after construction.  The full statute is set forth in the Courts & Judicial Proceedings Code of the Annotated Code of Maryland at Section 5-108.