The state Supreme Court recently ruled that the state is not restricted by statutes of limitations or repose when bringing lawsuits (State v. Lombardo Brothers Mason Contractors, et al.).
In the case, the state filed a lawsuit 12 years after construction of the UConn law library, alleging construction defects. In 2009, a trial court ruled that the statute of limitations had run out. But in November, the Supreme Court reversed the trial court, holding that the state is protected by the common law doctrine of "nullum tempus occurrit regi" (time does not run against the king.)
An analysis of the case in the Connecticut Law Tribune describes the implications of the decision for public works contractors, who may have to defend against lawsuits years after a project is completed. Some construction attorneys predict that the General Assembly may consider legislation addressing the ruling. In the opinion, the Court noted that the decision on whether to abrogate the doctrine of nullum tempus is one the legislature should make, not the Court.
In the Law Tribune article, Attorney General George Jepsen noted that it is rare for the state to wait so long to sue. He noted that "we act in the broad public interest. In this particular instance, until they ripped the building apart, years after the faulty construction, we didn't know how poorly executed the construction was."
The full text of the opinion is available on the Judicial Branch website.
